Note: Attorney Davis originally wrote this post as a contributor for SCOV Law. Here we are in the depths of bail troubles again. We’ve probably had more segments on bail than there are Harry Potter movies. We’ll call this one: Bail Problems & The Order of the SCOV. In this case, trial court denies bail […]
Note: this blog was originally written and posted for SCOV Law. Demarest v. Underhill, 2016 VT 10 This case focuses on who gets the responsibility of maintaining an old, rough road in Underhill, Vermont: the Town that has historically maintained it, or the road’s neighbors. This road, known as Town Highway 26 (TH 26) has […]
Imagine living in a Vermont where you, without any notice, are put on a secret government blacklist so that you are prohibited for life from earning a livelihood in hundreds of occupations. Imagine the only way to be removed from the blacklist is, after seven years, to request the same government bureaucracy which accused you […]
Author’s Note: Our firm represents both plaintiffs and defendants in New Hampshire and Vermont in relief from abuse complaints (as they are called in Vermont) and domestic violence petitions (as they are called in New Hampshire). This article deals with defense of such cases, in part because there are many sources of information for plaintiffs in both […]
A couple of months ago I wrote about the new Vermont statute that provided an easier way to subpoena records from out of state entities. We had a chance to use the new statute, and here is our experience, with some practical tips which may help to make the process more effective for other attorneys. We […]
Vermont’s signature environmental law, Act 250, in place now for over 40 years, has protected Vermont’s environment through a process that requires developers to demonstrate that that they meet certain statutory criteria before they can begin their projects. Unfortunately, Act 250 does not apply to some of the largest developments Vermont has encountered in recent […]
Obtaining an appropriate award of spousal maintenance (alimony) or child support depends in large part on obtaining accurate information about your spouse’s income. Many people believe that their spouses are hiding income. There are ways to determine income, or to make an educated guess about income that the court will consider in determining alimony or […]
As those of you who have practiced for many years know, it has been nearly impossible to obtain out of state discovery in a civil case. In order to obtain discovery, a litigant was required to obtain an order from a court in their home jurisdiction, file the order with the foreign jurisdiction and request […]
A man filed for divorce a year after he separated from his wife. He was represented by an attorney at various times during the divorce, but at the final hearing, held two years after he filed, he was unrepresented. The parties had been notified of the final hearing many weeks earlier. The wife, who had an attorney, had […]
Author’s note: Litigation sometimes results in difficult relationships between attorneys. This article is a reminder to myself as much as it is a message to other attorneys and litigants. Clients involved in litigation want to be sure that their attorneys are representing their best interests and have no conflicting loyalties. Thus clients are understandably uneasy […]