§ 5572. Right of action; procedure
(a) A person convicted and imprisoned for a crime of which the person was exonerated pursuant to this chapter shall have a cause of action for damages against the State.
(b) An action brought under this subchapter shall be filed in Washington County Superior Court. Notice of the action shall be served upon the Attorney General.
(c) The Vermont Rules of Civil Procedure shall apply to actions brought under this subchapter, and the plaintiff shall have a right to trial by jury. The Vermont Rules of Appellate Procedure shall apply to appeals from orders and judgments issued under this subchapter.
(d) The Attorney General may consider, adjust, determine, and settle any claim for damages brought against the State of Vermont under this subchapter. (Added 2007, No. 60, § 1; amended 2015, No. 133 (Adj. Sess.), § 5, eff. May 25, 2016.)
Structure Vermont Statutes
Title 13 - Crimes and Criminal Procedure
Chapter 182 - Innocence Protection
§ 5561. Petition for postconviction DNA testing
§ 5566. Order; necessary findings; confidentiality
§ 5568. Choice of laboratory; payment
§ 5569. Procedure after test results obtained
§ 5572. Right of action; procedure
§ 5574. Burden of proof; judgment; damages
§ 5577. Notice of right of action
§ 5578. Applicability; retroactivity