Terms Used In Vermont Statutes Title 5 Sec. 43

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Board: means the Transportation Board. See

§ 43. Judicial review

A party to a cause who feels aggrieved by the final order, judgment, or decree of the Board may seek judicial review pursuant to 19 V.S.A. § 5(c). However, the Board, before final judgment, may permit an interlocutory appeal to be taken by any party pursuant to 19 V.S.A. § 5(c) for determination of questions of law in the same manner as the Supreme Court may by rule provide for appeals before final judgment from a Superior Court. Notwithstanding the provisions of the Vermont Rules of Civil Procedure or the Vermont Rules of Appellate Procedure, neither the time for filing a notice of appeal nor the filing of a notice of appeal, as provided in this section, shall operate as a stay of enforcement of an order of the Board unless the Board or the Supreme Court grants a stay under the provisions of section 44 of this chapter. (Added 1985, No. 222 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 56; 2021, No. 184 (Adj. Sess.), § 29, eff. July 1, 2022.)