Vermont Statutes Annotated

Vt. Stat. Ann. tit. 12, § 1945 (2026)

Return of jury for further consideration

✓ current as of May 2026

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Subchapter 002 : JURY TRIALS

(Cite as: 12 V.S.A. § 1945)

§ 1945. Return of jury for further consideration

If the judges of the Superior Court before whom a cause is tried consider that the jury has mistaken the law or evidence material to the issue or has not paid proper attention thereto, they may cause it to return to a second and third consideration of the cause. If the jury does not alter or retract its verdict, the same shall be received. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)

Notes of Decisions

Cited in 2 cases, 1971–1977 · leading case: Thorburn v. State High. Bd., 285 A.2d 755 (Vt. 1971).

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Thorburn v. State High. Bd., 285 A.2d 755 (Vt. 1971). “12 V.S.A. § 1945 provides for a resubmission of the issues to the same jury before discharge, if it seems a misconstruction of law or evidence by that jury has taken place.”

Kilfasset Farms Dairy, Inc. v. State High. Bd., 376 A.2d 340 (Vt. 1977). “A similar, less expensive result could have been obtained by returning the jury for a further consideration of the case under the provisions of 12 V.S.A. § 1945, had the trial court reached, as we do, the conclusion that the jury had mistaken the law or the evidence.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.