Terms Used In Vermont Statutes Title 4 Sec. 455

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Justice: when applied to a person, other than a Justice of the Supreme Court, shall mean a justice of the peace for the county for which he or she is elected or appointed. See
  • Probate: Proving a will

§ 455. Transfer of Probate proceedings

(a) Any guardianship action filed in the Probate Division of the Superior Court pursuant to 14 Vt. Stat. Ann. chapter 111, subchapter 2, article 1 and any adoption action filed in the Probate Division pursuant to Title 15A may be transferred to the Family Division of the Superior Court.

(b) In an adoption action filed in the Probate Division pursuant to Title 15A, the Family Division shall order the transfer of the proceeding on motion of a party or on its own motion if it finds that the identity of the parties, issues, and evidence are so similar in nature to the parties, issues, and evidence in a proceeding pending in the Family Division that transfer of the probate action to the Family Division would expedite resolution of the issues or would best serve the interests of justice. (Added 1989, No. 221 (Adj. Sess.), § 1, eff. Oct. 1, 1990; amended 2009, No. 154 (Adj. Sess.), § 28a, eff. Feb. 1, 2011; 2013, No. 170 (Adj. Sess.), § 5, eff. Sept. 1, 2014.)