Vermont Bar Journal, Vol. 40, No. 2 Vermont Bar Journal, Spring 2017, Volume 43, No. 1 | Page 16

Ruminations
of address , enrollment or separation from a postsecondary educational institution , change of employment , change of name , or moving to a residence with a child under 18 years of age within three days to the Department of Public Safety . 42
When a party against whom a judgment for affirmative relief fails to plead or defend , but has appeared in the action , the clerk shall enter a default upon three days ’ notice . 43
Any legislative bill presented to the governor within three days before adjournment of the legislature and not signed within three days fails to become a law . 44
If you receive a parking ticket , and you ’ ve not been convicted of more than two parking ordinances violations within the same calendar year , you may file a statement and admit the violation , waive the issuance of any process and trial by jury , and pay the penalty , unless the police court deems the penalty to be excess of the prescribed amount . 45
Persons having the statutory right to determine the disposition of a decedent ’ s body forfeit that right three days following notice of death or within five days of the time of death , whichever is earlier . 46
Some statutes have adopted the rule that mail , properly addressed , is deemed delivered three days from the day it is sent . 47
Intentionally or without good cause failing to return a rental or leased car after 72 hours from the time scheduled to return can subject you to a criminal charge . 48
No person awaiting examination or trial before the Superior Court who has been committed to a local jail can be held for longer than 72 hours , unless the court extends the time . 49
When bees are brought into the state , a certificate of inspection must be provided the Secretary of Agriculture within 72 hours after entry into the state . 50
Five Days
When the General Assembly enacts a bill and the legislature remains in session , the Governor has five days within its presentment to sign the bill or return it ( vetoing it ), or the bill becomes law as if the Governor had signed it . 51
Five business days is the time custodians of the minutes of public meetings have to provide copies of those records . When the town or agency has a website , those records must be posted there and remain on the site for at least one year . 52
Alcohol beverage tasting events must file application forms with the Department of Liquor Control at least five days prior to the event . 53
Seven Days
Once you receive a notice of violation ( NOV ) from the zoning administrator , you have seven days to cure the violation . 54
Custodians of public records have seven days to produce them when the records are in active use or in storage . They must give notice of this delay and provide a date and hour when the records will be produced . 55
A defendant detained pretrial for more than seven days in a correctional facility for lack of bail may apply for home detention . 56
The State has seven days to appeal a dismissal order of an indictment or information on one or more counts after the order has been rendered . 57 It has seven days to appeal an entry of judgment or order in a criminal case except where there is a sentence of life imprisonment . 58
The State ’ s motion for interlocutory appeals in a criminal action must be filed within seven days of the decision . 59
Ten Days
A motion to alter , which is decidedly not a motion to reconsider , although that is its principal purpose , is due in ten days . 60 This is the same deadline for motions for a new trial . 61
Ten-day deadlines are calendar days . Holidays and weekends do not count . When service of a notice or other document is required and sent by mail , three additional calendar days are added to the ten , unless the paper filing is served by the court or it is electronically sent . 62 This leads to an anomaly , when Christmas and New Year ’ s Day fall during the work week , where a ten-day deadline can be longer than a 15-day deadline . Filed on Christmas Eve , there will be two holidays and four weekend days that aren ’ t counted with a tenday deadline , making the ten-day response due 16 days after service .
A reply to a response to a motion in the Civil Division is due within ten days after receipt (“ service ”) of the memorandum in opposition to the original motion . 63
A temporary relief-from-abuse order must be followed within ten days by a final hearing . 64
An interlocutory appeal in a civil case must be filed within ten days after entry of the order or ruling appealed from . 65
Fourteen Days
After receiving the results of a grievance before the listers , property owners have fourteen days after the date of mailing to appeal the decision to the Board of Civil Authority . 66
In a civil action , the Superior Court may reopen the time to file an appeal for 14
days after the date when its order to reopen is entered if the reopening motion is filed within 90 days of entry of the judgment or order or within seven days of receipt of notice of the judgment or order , whichever is earlier or if the party entitled to notice does not receive the notice within 21 days of its entry . V . R . C . P . 4 ( c ).
Fifteen Days
Within fifteen days , you must appeal a decision of a zoning administrator and if you are late you cannot challenge it again . 24 V . S . A . § 4465 ( a ).
Answers to motions in the Civil Division are due in fifteen calendar ( not business ) days . 67
Thirty Days
The State must notify defendants of its intent to introduce evidence of other acts or offenses , evidence of an offense for impeachment , or hearsay testimony of children under ten years of age or mentally disabled person at trial at least 30 days before trial . 68
Most decisions of state or municipal bodies may be challenged by filing a notice of appeal in the Superior Court within 30 days of the decision , the day of the decision not being counted . 69
The State has 30 days to file an appeal after entry of the judgment or order in criminal cases resulting in a sentence of life imprisonment where the defendant has not waived appeal . 70
Dairy animals testing negative for brucellosis within 30 days or for tuberculosis within 60 days prior to importation are not required to be retested . 71
Interrogatories and requests to produce shall be answered within 30 days after service . 72
At any time after 30 days from close of discovery , a party may file a motion for summary judgment . The response is due in another 30 days . 73
Forty-Five Days
Appropriate municipal bodies — a / k / a planning commissions , zoning boards of adjustment , and development review boards — have 45 days following the end of the hearings on permits , variances , and appeals , or what is requested is granted by operation of law . 74
Ninety Days
Persons convicted of crimes may petition the court to reduce their sentences within 90 days of the imposition of them . 75
16 THE VERMONT BAR JOURNAL • SPRING 2017 www . vtbar . org