Wednesday, January 5, 2011

They're baaaack!!!

Amid the ceremonial activities of the first week there is one small (?) piece of business of interest to us. Senator Sears has introduced S. 1, an act relating to technical amendments to the judicial restructuring act of 2010. The bill does three things- all inadvertently repealed last year in H. 470:
Sec. 1. 4 V.S.A. § 363 is added to read
(a) The probate division of the superior court may issue warrants,
subpoenas, and processes in conformity with the law necessary to compel the
attendance of witnesses or to produce books, papers, documents, or tangible
things, or to carry into effect the orders, sentences, or decrees of the probate
division or the powers granted it by law.
(b) The probate division of the superior court may appoint not more than
three masters to report on a particular issue or to do or perform particular acts
or to receive and report evidence.
Sec. 2. 12 V.S.1 A. § 2553 is added to read:
APPEALS TO CIVIL DIVISION; APPELLATE JURISDICTION
The civil division of the superior court shall have appellate jurisdiction of
matters originally within the jurisdiction of the probate division of the superior
court, except as herein otherwise provided.
Sec. 3. 12 V.S.A. § 2555 is added to read:
APPEAL TO CIVIL DIVISION
Except as otherwise provided, a person interested in an order, sentence, decree or denial issued by the probate division of the superior court, who
considers himself or herself injured thereby, may appeal therefrom to the civil
division of the superior court.
The effective date of these changes will be February 1, 2011.

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