Vermont Service of Process Rules
Vermont
State Serve Rules
Additional Rules
Additional rules - TM
Servers appointed by superior judges
Affidavit
Notary
Required
Refusal service
Yes, mailing also requried
Mailing
Mail for corporate substitute service
Not Required
Mail for substitue service
Not Required
Minors, Incapacitated, and Jail
Incapacitated individuals + care/custody
Must serve individual + care/custody
Jail Care Custody Service
Facility-specific policy
Jail Personal Service
Yes, state requires service directly on the incarcerated person
Service to a minor
Individual and parent/guardian
Proof Specialists
Mirrors Fed Rules
Yes
M&O
Required, must obtain a court order before serving
Substitute Service Rules - Business / Entity
Corporate subservice at a residence
Not Permissible
Government substitute service
No, must serve head of agency
Service of Corporate Person in charge
No, must serve agent/officer
Workplace substitute service
Not Permissible
Substitute Service Rules - Individuals
Due diligence prior to substitute service
Not Required
Minimum age for substitute service
Suitable age and discretion
Residential substitute service
Permissible
Spousal Service
Not Permissible
Subpoena Personal Service Only?
Yes
Substitute serve by posting (Nail & Mail)
Not permissible, must serve documents
When and where can you serve?
Endorcing the Summons prior to serving
Not required
Serve at a nursing home
Client policy
Sunday Service
Permissible
Eviction Summons Rules
Mailing
Certified Mail
No
Mail always?
No
Mail if posted
Required
Mail if subserve
No
Mail SLA
14
Posting Rules
Due Diligence Prior to Posting
Not Required
Posting
Permissible
Eviction Posting Rules
Additional Rules
Additional rules - TM
1) Personal 2) Mailing to last known, 1st class or certified optional
Affidavit
Notary for Notice
Not required
Mailing
Certified Mail
Optional
Mail always?
Optional
Mail SLA
14
Proof Specialists
Server/Marshal Required?
Server
**Whom Served.** Service of all process shall be made by a sheriff or deputy sheriff, by a constable or other person authorized by law, or by some indifferent person specially appointed for that purpose by any Superior Judge, or a judge of the court to which it is returnable … and a subpoena may be served as provided in Rule 45. Special appointments to serve process shall be made freely when substantial savings in travel fees will result.
**Personal Service, Individuals.** Upon an individual by delivering a copy of the summons and of the complaint to the individual personally.
**Substituted.** By leaving copies at the individual’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein…
**Corporations.** by delivering a copy of the summons and complaint to an officer, director, a managing or general agent, a superintendent, or to any other agent authorized by law appointment or by law to receive service of process…
**Return of Service.** The person serving the process shall make proof of service on the original process or a paper attached thereto for that purpose, and shall forthwith return it, with that person’s fees, charges and mileage endorsed thereon, to the plaintiff’s attorney. …If service is made by a person other than a sheriff … or a constable authorized by law, that person shall make proof thereof by affidavit. Failure to make proof of service shall not affect the validity of the service. The officer or other person serving the process shall endorse the date of service upon the copy left with the defendant or other person. Failure to endorse the date of service shall not affect the validity of service.
