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The Vermont Statutes Online
Title
04
:
Judiciary
Chapter
029
:
JUDICIAL BUREAU
§
1105. Answer to complaint; default
(a) A violation
shall be charged upon a summons and complaint form approved and distributed by
the Court Administrator. The complaint shall be signed by the issuing officer
or by the State's Attorney. The original shall be filed with the Judicial
Bureau; a copy shall be retained by the issuing officer or State's Attorney and
two copies shall be given to the defendant. The Judicial Bureau may, consistent
with rules adopted by the Supreme Court pursuant to 12 V.S.A. § 1, accept
electronic signatures on any document, including the signatures of issuing
officers, State's Attorneys, and notaries public. The complaint shall include a
statement of rights, instructions, notice that a defendant may admit, not
contest, or deny a violation, notice of the fee for failure to answer within 20
days, and other notices as the Court Administrator deems appropriate. The Court
Administrator, in consultation with appropriate law enforcement agencies, may
approve a single form for charging all violations, or may approve two or more
forms as necessary to administer the operations of the Judicial Bureau.
(b) A person who
is charged with a violation shall have 20 days from the date the complaint is
issued to admit or deny the allegations or to state that he or she does not
contest the allegations in the complaint. The Judicial Bureau shall assess
against a defendant a fee of $20.00 for failure to answer a complaint within
the time allowed. The fee shall be assessed in the default judgment and deposited
in the Court Technology Special Fund established pursuant to section 27 of this
title.
(c) A person who
admits or does not contest the allegations may so indicate and sign the
complaint. The Bureau shall accept the admission or statement that the
allegations are not contested and accept payment of the waiver penalty.
(d) If the
person sends in the amount of the waiver penalty without signing the complaint,
the Bureau shall accept the payment indicating that payment was made and that
the allegations were not contested.
(e) A person who
denies the allegations may so indicate and sign the complaint. Upon receipt,
the Bureau shall schedule a hearing.
(f) If a person
fails to appear or answer a complaint, the Bureau shall enter a default
judgment against the person. However, no default judgment shall be entered
until the filing of a declaration by the issuing officer or State's Attorney,
under penalty of perjury, setting forth facts showing that the defendant is not
a person in military service as defined at 50 App. U.S.C. § 511 (Servicemembers
Civil Relief Act definitions), except upon order of the hearing officer in
accordance with the Servicemembers Civil Relief Act, 50 App. U.S.C. Titles
I-II. The Bureau shall mail a notice to the person that a default judgment has
been entered. A default judgment may be set aside by the hearing officer for
good cause shown.
(g) All Judicial
Bureau judgments shall contain a notice of tax setoff pursuant to 32 V.S.A. §
5941. (Added 1997, No. 121 (Adj. Sess.), § 4; amended 1999, No. 58, § 3; 1999,
No. 160 (Adj. Sess.), § 7; 2007, No. 51, § 1; 2007, No. 153 (Adj. Sess.), § 17;
2013, No. 57, § 23.)