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Vermont Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest

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US-01531BG
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A court has the inherent power to review its own proceedings to correct error or prevent injustice The correction of clerical errors in the records of judgments may take the form of amendments inserting the names of parties who ought to have been included. A clerical error in the record of a judgment may be corrected to reflect the true name and identity of a party.


This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

In Vermont, a Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest allows for the inclusion of a new party defendant in a legal case who has a vested interest in the outcome. This motion is typically filed by the plaintiff or the defendant to accurately reflect the parties involved and ensure that all relevant parties are properly represented. Keywords: Vermont, motion, amend, correct judgment, additional party defendant, real party in interest, legal case, plaintiff, defendant, parties involved, represented. Different types of Vermont Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest: 1. Voluntary Amendment Motion: This type of motion is filed when the party seeking to include an additional defendant willingly acknowledges the need for their involvement in the case due to their real party interest. The purpose is to clarify the judgment and prevent any future disputes regarding party representation. 2. Involuntary Amendment Motion: In some instances, a court may order an involuntary amendment motion when it identifies that a real party in interest was initially overlooked or omitted from the original judgment. This type of motion aims to rectify the oversight and ensure all relevant parties are included to uphold fairness and the principles of justice. 3. Amendment to Correct Judgment: This type of motion is filed when there is a need to correct errors or inaccuracies in a previously issued judgment, particularly when an additional party defendant's real party interest needs to be recognized and incorporated. The motion seeks to rectify any misrepresentation in the judgment to provide a fair and accurate account of the case. 4. Amendment to Add Party Defendant: This motion refers specifically to situations where a plaintiff or defendant seeks to add a new party defendant to a case, in light of their real party interest. When the involvement of the additional party is deemed necessary to properly address the issues at hand, this motion is filed to ensure their inclusion. In summary, a Vermont Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest allows for the inclusion of a new defendant with a vested interest in the outcome of a legal case. This can be done voluntarily or involuntarily under specific circumstances and aims to ensure fairness, accuracy, and the representation of all relevant parties involved.

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Rule 30 - Depositions Upon Oral Examination (a)When Depositions May Be Taken. After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination.

On motion and upon such terms as are just, the court may relieve a party or the party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been ...

Not later than 28 days after entry of judgment the court before which the action has been tried of its own initiative may order a new trial for any reason for which it might have granted a new trial on motion of a party.

Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party.

A party may file a motion for summary judgment at any time until within 30 days after the close of all discovery, unless a different time is set by stipulation or court order. An adverse party may file its opposition to the motion within 30 days after the service of the motion.

Rule 3 - Arrest Without A Warrant; Citation to Appear (a) Arrest Without a Warrant for a Felony Offense. A law enforcement officer may arrest without warrant a person whom the officer has probable cause to believe has committed or is committing a felony.

Rule 12 - Pleadings and Motions Before Trial; Status Conference (a) Pleadings and Motions. The pleadings in criminal proceedings are the indictment and the information, and the pleas of not guilty, guilty and nolo contendere.

The court on motion of a defendant may grant a new trial to the defendent if required in the interests of justice. If trial was by the court without a jury the court on motion of a defendant for a new trial may vacate the judgment if entered, take additional testimony and direct the entry of a new judgment.

RULE 17. (a) For Attendance of Witnesses; Form; Issuance. A subpoena must be issued provided by the clerk, a judge, or a member of the Vermont bar.

The party upon whom a request is served shall serve a written response within 30 days after the service of the request, except that a defendant may serve a response within 42 days after service of the summons and complaint upon that defendant.

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Upon motion of a party filed not later than 10 28 days after entry of judgment the court may amend its findings or make additional findings and may amend the. When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised ...Upon motion of a party filed not later than 4-0 28 days after entry of judgment the court may amend its fmdings or make additional findings and may amend the. The motion must be made prior to or within 30 days after the date of entry of judgment, except that a defendant whose sentence does not include a term of ... Mar 1, 2017 — A motion to amend a filing must include: (1) a redlined version of the ... A party opposing summary judgment or a motion under Fed. R. Civ. P ... When a motion for new trial is based upon affidavits they shall be filed with the motion. The opposing party has 14 days such service within which to file ... Once both sides have filed their written Motion for Summary Judgment and Opposition to Motion for Summary Judgment, it is up to the judge. (b) Amended or Additional Findings. On a party's motion filed no later than 28 days after the entry of judgment, the court may amend its findings—or make ... A defendant opposing a motion for approval of attachment shall file material in opposition as required by Rule 7(c). If the defendant is deemed to have waived. Apr 15, 2019 — On July 14, 2017, the trial court granted plaintiffs' motion to amend the judgment to eliminate defendant's proportionate fault reduction for ...

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Vermont Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest