Vermont Notice of Appeal
Vermont has no intermediate court of appeals, so a civil appeal from the Superior Court goes straight to the Supreme Court; small-claims appeals go first to the Superior Court's Civil Division.
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Introduction
In Vermont, a notice of appeal from a final civil judgment is due within 30 days of the entry of that judgment, not from service of it or from any notice of entry, under Vermont Rule of Appellate Procedure 4(a)(1) and 12 V.S.A. section 2383, both of which set the same 30-day, entry-triggered period. If a party timely files a Vermont Rule of Civil Procedure 59 motion to alter or amend the judgment, V.R.A.P. 4(b) tolls the clock: the full 30 days begins running again for every party from the entry of the order that disposes of the last such motion still pending. Outside that tolling, 12 V.S.A. section 2383 itself provides only that the Supreme Court may by rule allow an extension of the appeal period for a cross appeal or for cause, a narrow, court-controlled option, not a deadline a party can routinely ask to extend, so treat the 30 days as firm. The notice is filed with the clerk of the Superior Court, the trial court, never with the Supreme Court directly, though a copy must go to the Supreme Court docket clerk and to every other party or their counsel. Vermont has no intermediate court of appeals: apart from small-claims appeals, a civil notice of appeal from any division of the Superior Court goes straight to the Vermont Supreme Court, which reviews the trial record for legal error rather than holding a new trial. Filing the notice does not by itself stop collection of the judgment, though it does continue any automatic stay already in effect under Vermont Rule of Civil Procedure 62, without the supersedeas bond many other states require, except for certain judgment types the rule excludes from that automatic stay. A small-claims judgment follows a different route, described below. Criminal, administrative-agency, federal-court, and interlocutory appeals follow separate rules and are outside this page. Attorney review is available before you file.
Key Things to Know
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The deadline is 30 days from entry of the judgment or order appealed from, not from service or from a notice of entry (V.R.A.P. 4(a)(1); 12 V.S.A. section 2383). If a party timely files a V.R.C.P. 59 motion to alter or amend the judgment, V.R.A.P. 4(b) and 4(b)(5) toll the clock so the full 30 days restarts for every party from the entry of the order disposing of the last such motion.
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Outside that tolling, the deadline is generally not extendable. 12 V.S.A. section 2383 provides only that the Supreme Court may by rule allow an extension of the appeal period for a cross appeal or for cause, a narrow, court-controlled path, not something a party can routinely request.
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File the notice with the clerk of the Superior Court, the trial court, never directly with the Supreme Court. A copy must also be sent to the Supreme Court docket clerk, counsel of record for each represented party, and any self-represented party (V.R.A.P. 3(b)).
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Vermont has no intermediate court of appeals. Apart from small-claims appeals, which go first to the Civil Division of the Superior Court, a civil appeal from any division of the Superior Court goes directly to the Vermont Supreme Court, which reviews the existing trial record for legal error; it does not hold a new trial.
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Vermont's official form 800-00005, Notice of Appeal, is issued by the Supreme Court and states it may be used for any appeal to that court, from a Superior Court or from an administrative agency; that form's structure controls the notice's content, including the appealing party's name and role, a description and entry date of the order, the Unit and Division below or the agency's name, the case name and docket number, and the appellant's signature and contact information.
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A filing fee is paid to the clerk of the court, in lieu of all other fees (32 V.S.A. section 1431(a)); confirm the current fee with the clerk. An Application to Waive Filing Fees and Service Costs may be filed with the notice of appeal for a party who cannot pay.
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A small-claims judgment is not appealed to the Supreme Court first. Any party, plaintiff or defendant, may appeal to the Civil Division of the Superior Court (12 V.S.A. section 5538) within 30 days of entry of the small-claims judgment (V.R.S.C.P. Rule 10; form 100-00291). A different Superior Court judge reviews the existing record; it is not a new trial. A separate, lower filing fee applies (32 V.S.A. section 1431(d)); confirm the current fee with the clerk.
Key decisions before you file
Before you file a Notice of Appeal in Vermont, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.
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Vermont Requirements for Notice of Appeal
30-Day Deadline Runs From Entry
A Vermont notice of appeal must be filed within 30 days of entry of the judgment or order appealed from, not from service or from a notice of entry (V.R.A.P. 4(a)(1); 12 V.S.A. section 2383).
Rule 59 Motion Tolls the Clock
A timely Vermont Rule of Civil Procedure 59 motion to alter or amend the judgment tolls the appeal clock under V.R.A.P. 4(b) and 4(b)(5), so the full 30 days restarts for every party from entry of the order disposing of the last such motion.
Deadline Generally Not Extendable
Outside V.R.A.P. 4(b) tolling, 12 V.S.A. section 2383 provides only that the Supreme Court may by rule allow an extension of the appeal period for a cross appeal or for cause, a narrow, court-controlled path rather than a routine extension.
Filed With the Superior Court, Not the Supreme Court
The notice is filed with the clerk of the Superior Court, never directly with the Supreme Court, with a copy sent to the Supreme Court docket clerk, counsel of record, and any self-represented party (V.R.A.P. 3(b)).
No Intermediate Appellate Court
Vermont has no intermediate court of appeals. Apart from small-claims appeals, which go first to the Civil Division of the Superior Court, a civil appeal from any division of the Superior Court goes directly to the Vermont Supreme Court, which reviews the trial record for legal error.
Form 800-00005 Controls the Notice's Content
Vermont's official form 800-00005, Notice of Appeal, issued by the Supreme Court, may be used for any appeal to that court, from a Superior Court or an administrative agency, and its structure controls the notice's required contents.
Filing Fee and Fee Waiver
Filing a notice of appeal requires a fee paid to the clerk of the court, in lieu of all other fees (32 V.S.A. section 1431(a)); confirm the current fee with the clerk. A party who cannot pay may file an Application to Waive Filing Fees and Service Costs.
Automatic Stay Continues Without a Bond
Filing the notice does not by itself stop collection, but it does continue an automatic stay of enforcement already in effect under Vermont Rule of Civil Procedure 62, without a supersedeas bond, except for certain judgment types the rule excludes from that automatic stay.
Small-Claims Appeals Are Record Review, Not New Trials
Any party may appeal a small-claims judgment to the Civil Division of the Superior Court (12 V.S.A. section 5538) within 30 days of entry (V.R.S.C.P. Rule 10), where a different Superior Court judge reviews the existing record rather than holding a new trial; a separate filing fee applies (32 V.S.A. section 1431(d)).