Vermont Statutes Annotated

Vt. Stat. Ann. tit. 12, § 5538 (2026)

✓ current as of May 2026
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(Cite as: 12 V.S.A. § 5538)
Notes of Decisions
Cited in 45 cases (16 in the last 5 years), 1991–2025 · leading case: MacIejko v. Lunenburg Fire Dist. No. 2, 758 A.2d 811 (Vt. 2000).
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MacIejko v. Lunenburg Fire Dist. No. 2, 758 A.2d 811 (Vt. 2000). · cites it 2× “The issue in this appeal may not seem to be significant and the damages are relatively small, but this is the first small claims appeal we have decided with a published opinion under 12 V.S.A. § 5538 stating the standard of review in a negligence case.”
Murray v. McDonald, 988 F. Supp. 420 (D. Vt. 1997). · cites it 3× “Vt. Stat. Ann. tit. 12, § 5538 (Supp.1997).”
Hale v. Peddle, 590 A.2d 899 (Vt. 1991). · cites it 3× “Instead, he appealed the contempt order to superior court, pursuant to 12 V.S.A. § 5538. * The sentence was stayed pending appeal.”
Clark's Truck Ctr. v. Smith, 2009 VT 80 (Vt. 2009). “” The superior court reasoned that it would “severely undercut the efficacy of the mediation process” if the small claims court could not rely on a mediator’s report that a settlement had been reached.”
Lanoue v. Rutland Renovations, 2008 VT 80 (Vt. 2008). · cites it 6× “We do not reach any of Lanoue's arguments because his motion for permission to appeal was untimely.”
mattsson v. bowker & son (Vt. Super. Ct. 2024). · cites it 3× “OPINION AND ORDER This matter is before the court on appeal from small claims court pursuant to 12 V.S.A. § 5538 and V.R.C.P. 73. At the hearing before this court on October 27, 1998, the defendant appeared and was represented by Karl C.”
Murray v. McDonald, 157 F.3d 147 (2d Cir. 1998). “2d at 1283 , the state procedural statute that now would govern an administrative action by the instant appellants explicitly provides for an appeal to the small claims court, see Act 223, § 4; in addition, the state has represented to us that an appeal as of right will lie from…”
Knight v. Town of Bennington (Vt. Super. Ct. 2018). · cites it 2× “Appellant timely filed a Notice of Appeal, which brings the case before this Court under 12 V.S.A. § 5538 and V.R.S.C.P. 10. A hearing was held on August 2, 2018.”
Schmitt v. Force (Vt. Super. Ct. 2011). · cites it 2× ““The appeal is limited to questions of law,” and more specifically, whether the trial court applied the correct principles of law.”
riley v. dempsey (Vt. Super. Ct. 2023). “I LE ° P JAN - 5 2005 Windsor County Clerk Standard of Review on Appeal On appeal before the Superior Court, the standard of review is limited.”
gionet v. gibeaults body shop (Vt. Super. Ct. 2023). “See 12 V.S.A. § 5538; V.R.S.C.P. 10. For reasons set out below, the case is remanded to the Small Claims Court for further proceedings.”
scheidet v. cambrium (Vt. Super. Ct. 2023). “12 V.S.A. § 5538; V.R.S.C.P. 10. This Court has reviewed the record of the hearing held in Small Claims Court and Cambium’s memorandum of law.”
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