Vt. R. App. P. 41

As amended through November 4, 2024
Rule 41 - Mandate and Execution
(a) When Issued. The Court's mandate will issue 21 days after the entry of judgment or 7 days after entry of an order denying a timely motion for reargument, unless the Court orders otherwise.
(b) Contents. Unless the Court directs that a formal mandate issue, the mandate consists of a certified copy of the judgment, a copy of any Court opinion, and any direction about interest or costs.
(c) Stay of Mandate.
(1) The timely filing of a motion for reargument stays the mandate until disposition of the motion, unless the Court orders otherwise.
(2) Upon motion made with reasonable notice to all parties and for good cause shown, the Court may grant a stay of the mandate. The stay must not exceed 30 days, unless the period is extended for good cause.
(3) The Court may require a bond or other security as a condition to the grant or continuance of a stay of the mandate.
(4) The order granting the stay must state the condition on which the stay will expire. The mandate will issue immediately upon the occurrence of that condition.
(d) Execution in the Superior Court.
(1) The superior court clerk will issue execution or other process to enforce a judgment.
(2) Upon receipt of the mandate and at the request of a judgment creditor, the superior court clerk must compute any applicable interest and costs in accordance with Rules 37 and 39 and immediately issue execution as provided by law.
(3) The date of the mandate is considered the date of judgment for those purposes.
(e) Mandate in Probate and Government Agency Appeals. Upon receipt of the mandate in an appeal from the Probate Division or governmental agency - where the mandate requires no further proceedings in the superior court - the superior court clerk must immediately certify the decision to the Probate Division or governmental agency as provided in V.R.C.P. 72(e) or 74(f).

Vt. R. App. P. 41

Added Oct. 30, 1979, eff. 12/3/1979; amended Oct. 21, 1983, eff. 1/1/1984; amended June 11, 2013, eff. 9/3/2013.