Jeffrey Rivard v. State of Vermont et al.

Summary

The Vermont Superior Court addresses Jeffrey Rivard's motion to alter or amend a judgment under Vermont Rule of Civil Procedure 59(e). The court finds the motion noncompliant because it lacks a certificate of service and orders Rivard to supplement it within ten days, or the motion will be deemed withdrawn.

Holdings

1. A motion filed after the initial complaint is subject to V.R.C.P. 5 and must include a certificate of service complying with V.R.C.P. 5(h). Because Plaintiff's motion lacked the required certificate, it was noncompliant.
2. The court may require a noncompliant motion to be supplemented with a certificate of service within a specified period and may deem the motion withdrawn if the required supplementation is not timely filed.

Questions Presented

1. Whether Plaintiff's V.R.C.P. 59(e) motion was compliant with the Vermont Rules of Civil Procedure despite lacking a certificate of service.
2. Whether the court could require Plaintiff to supplement the motion with a certificate of service and deem the motion withdrawn if he failed to do so within ten days.

Disposition

other