Vermont Statutes Annotated

Vt. Stat. Ann. tit. 12, § 5771 (2026)

Defamation action; attorney’s fees

✓ current as of May 2026

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(Cite as: 12 V.S.A. § 5771)

§ 5771. Defamation action; attorney’s fees

If judgment is rendered for a defendant in a defamation action and the court finds that the action was frivolous and without merit, the court may award costs and reasonable attorney’s fees to the defendant. (Added 1985, No. 244 (Adj. Sess.).)

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2013–2025 · leading case: Albert Gionet v. Bernadette Bousquet (Vt. 2013).

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Albert Gionet v. Bernadette Bousquet (Vt. 2013). · cites it 3× “Defendant notified the court and plaintiff that she would be seeking attorney’s fees under 12 V.S.A. § 5771 if the court found his suit to be frivolous.”

Jeffrey Rivard v. Susan Smallheer & Brattleboro Reformer (Vt. 2024). “Finally, it noted that both the rates charged and the hours expended 1 Defendants argued in the alternative that the court should award this amount under 12 V.S.A. § 5771, which provides that where judgment is rendered for a defendant in a defamation action, which the court…”

Woods v. Brown (Vt. Super. Ct. 2025). “Kerry Brown et al Plaintiffs have requested reasonable attorney’s fees pursuant to 12 V.S.A. § 5771, which states that “[i]f judgment is rendered for a defendant in a defamation action and the court finds that the action as frivolous and without merit, the court may award costs…”

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