factual basis claim in Vermont

2026As the Vermont Supreme Court has long held, when a moving party challenges the factual basis of a claim by affidavit or other documentary evidence, then the non-moving party “may not rest upon his mere allegations, but must come forward with an opposing affidavit or other evidence that raises a dispute as to the fact or facts in issue.” Alpstetten Ass’n v. Kelly, 137 Vt. 508, 514 (1979); see also Webb v. Leclair, 2007 VT 65, ¶ 14 (reaffirming this standard).

2021See V.R.C.P. 56(e)(2); Alpstetten Ass’n v. Kelly, 137 Vt. 508, 514 (1979) (“Once a claim is challenged by motion for summary judgment, accompanied by an affidavit or affidavits or other documentary evidence sufficient to call into question the existence of the factual basis for the claim, the person advancing the claim may not rest upon his mere allegations, but must come forward with an opposing affidavit or other evidence that raises a dispute as to the fact or facts in issue.”). 10 Base pay is set forth in the various compensation agreements that comprise Exhibit B to Ms. Mitchell’s Stateme

2016Rule 11(f) states that “the court should not enter a judgment upon such plea without making such inquiry as shall satisfy it that there is a factual basis for the plea.” The factual basis requirement of Rule 11(f) “reinforces the goal of ensuring knowing and voluntary pleas” and to satisfy this requirement, there must be a “specific inquiry by the judge into the factual basis for the plea.” In re Stocks, 2014 VT 27, ¶¶ 13, 15 , 196 Vt. 160 .

2016Rule 11(f) states that “the court should not enter a judgment upon such plea without making such inquiry as shall satisfy it that there is a factual basis for the plea.” The factual basis requirement of Rule 11(f) “reinforces the goal of ensuring knowing and voluntary pleas” and to satisfy this requirement, there must be a “specific inquiry by the judge into the factual basis for the plea.” In re Stocks, 2014 VT 27, ¶¶ 13, 15 , 196 Vt. 160 .

2013Div. Apr. 29, 2010) (Wright, J.) (stating that to satisfy due process requirements, a notice of violation must inform the recipients of the factual basis for the violation) (citing Town of Randolph v. Estate of White, 166 Vt. 280 , 284–85 (1997)). 4

2011Town of Randolph v. Estate of White, 166 Vt. 280, 284-5 (1997).

1980We have pointed out, however, that “ [o] nee a claim is challenged by motion for summary judgment, accompanied by . . . affidavits or other documentary evidence sufficient to call into question the existence of the factual basis for the claim, the person advancing the claim may not rest upon his mere allegations, but must come forward with an opposing affidavit or other evidence that raises a dispute as to the fact or facts in issue.” Alpstetten Association, Inc. v. Kelly, 137 Vt. 508, 514 , 408 A.2d 644, 647 (1979); accord, V.R.C.P. 56(e); Wisell v. Jorgensen, 136 Vt. 604, 605 , 398 A.2d 283,

1980We have pointed out, however, that “ [o] nee a claim is challenged by motion for summary judgment, accompanied by . . . affidavits or other documentary evidence sufficient to call into question the existence of the factual basis for the claim, the person advancing the claim may not rest upon his mere allegations, but must come forward with an opposing affidavit or other evidence that raises a dispute as to the fact or facts in issue.” Alpstetten Association, Inc. v. Kelly, 137 Vt. 508, 514 , 408 A.2d 644, 647 (1979); accord, V.R.C.P. 56(e); Wisell v. Jorgensen, 136 Vt. 604, 605 , 398 A.2d 283,

2026As the Vermont Supreme Court has long held, when a moving party challenges the factual basis of a claim by affidavit or other documentary evidence, then the non-moving party “may not rest upon his mere allegations, but must come forward with an opposing affidavit or other evidence that raises a dispute as to the fact or facts in issue.” Alpstetten Ass’n v. Kelly, 137 Vt. 508, 514 (1979); see also Webb v. Leclair, 2007 VT 65, ¶ 14 (reaffirming this standard).

2026Nevertheless, the purpose of the notice pleading standard is “‘not to keep litigants out of court but rather to keep them in’ so that the merits of the claim may ‘be sorted out during a flexible pretrial process and, as appropriate, through the crucible of trial.’” Huntington Ingalls Industries, Inc. v. Ace American Insurance Co., 2022 VT 45, ¶45 (quoting Bell Atl.

2018See Whorton , 549 U.S. at 416 , 127 S.Ct. 1173 (explaining that rule is new if it is inconsistent with prior precedent). ¶ 13.

2018See Whorton , 549 U.S. at 416 , 127 S.Ct. 1173 (explaining that rule is new if it is inconsistent with prior precedent). ¶ 13.

2017The matter is left largely to the discretion of the judge as the circumstances of the case will dictate both the degree and kind of inquiry that is necessary.”); see also In re Stocks, 2014 VT 27, ¶ 15 (recognizing that there is no “particular formula for determining that there is a factual basis for the As the concurrence points out, moreover, the majority’s holding now apparently prohibits the entry of Alford pleas, which, rare as they might be, we have previously accepted and which the U.S. Supreme Court finds constitutionally acceptable. 32 plea”); Whitney, 156 Vt. at 303 , 591 A.2d at 389

2017The matter is left largely to the discretion of the judge, as the circumstances of the case will dictate both the degree and kind of inquiry that is necessary."); see also In re Stocks , 2014 VT 27 , ¶ 15, 196 Vt. 160 , 94 A.3d 1143 (recognizing that there is no "particular formula for determining that there is a factual basis for the plea"); Whitney , 156 Vt. at 303 , 591 A.2d at 389 ("For the Rule 11(f) inquiry, 'no mechanical rules can be stated, and the more complex or doubtful the situation ..., the more searching will be the inquiry dictated by a sound judgment and discretion.' " (citati

2017See id. at 467 ;12 see also W.

2017See ibr.US_Case_Law.Schema.Case_Body:v1">id . at 467 , 89 S.Ct. 1166 ; 12 see also 5 W.

2017The matter is left largely to the discretion of the judge as the circumstances of the case will dictate both the degree and kind of inquiry that is necessary.”); see also In re Stocks, 2014 VT 27, ¶ 15 (recognizing that there is no “particular formula for determining that there is a factual basis for the As the concurrence points out, moreover, the majority’s holding now apparently prohibits the entry of Alford pleas, which, rare as they might be, we have previously accepted and which the U.S. Supreme Court finds constitutionally acceptable. 32 plea”); Whitney, 156 Vt. at 303 , 591 A.2d at 389

2017The matter is left largely to the discretion of the judge as the circumstances of the case will dictate both the degree and kind of inquiry that is necessary.”); see also In re Stocks, 2014 VT 27, ¶ 15 (recognizing that there is no “particular formula for determining that there is a factual basis for the As the concurrence points out, moreover, the majority’s holding now apparently prohibits the entry of Alford pleas, which, rare as they might be, we have previously accepted and which the U.S. Supreme Court finds constitutionally acceptable. 32 plea”); Whitney, 156 Vt. at 303 , 591 A.2d at 389

2015Any delay in filing was minimal and the Court treats Plaintiff’s complaint as properly amended, therefore the Court will address the claims as Plaintiff has framed them in her latest complaint and opposition to summary judgment. 4 into question the existence of the factual basis for the claim.” Miller v. Merchants Bank, 138 Vt. 235, 237 (1980).

1987Alpstetten Association, Inc. v. Kelly, 137 Vt. 508, 514 , 408 A.2d 644, 647 (1979); see also Margison v. Spriggs, 146 Vt. 116, 119 , 499 A.2d 756, 758 (1985).

1987Alpstetten Association, Inc. v. Kelly, 137 Vt. 508, 514 , 408 A.2d 644, 647 (1979); see also Margison v. Spriggs, 146 Vt. 116, 119 , 499 A.2d 756, 758 (1985).

1978Sanders v. Sanders, 25 Vt. 713 (1853); Hemenway v. Hemenway, 65 Vt. 623 , 27 A. 609 (1893) ; Raymond v. Raymond, 120 Vt. 87, 91 , 132 A.2d 427, 429-30 (1957).

1978Sanders v. Sanders, 25 Vt. 713 (1853); Hemenway v. Hemenway, 65 Vt. 623 , 27 A. 609 (1893) ; Raymond v. Raymond, 120 Vt. 87, 91 , 132 A.2d 427, 429-30 (1957).