The Vermont motion to dismiss: twenty-one days to answer, fourteen after a denial
Vermont procedure · Last verified August 17, 2026
Vermont's Rule 12 keeps the older federal wording of the grounds but the modern timetable: 21 days to answer and 14 days after a denial.
The deadlines
| Event | Time |
|---|---|
| Answer a complaint | 21 days from service |
| After a denied motion, or a deferral to trial | 14 days |
| After a granted more-definite-statement motion | 14 days |
The seven defenses
V.R.C.P. 12(b):
the following defenses may at the option of the pleader be made by motion: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure to state a cl
The classic seven, with venue at (3).
Where this connects
Vermont has no separate entry of default — Rule 55(a) is headed "Motion for Default Judgment," so what exists is a judgment, not a two-step process. Before entering one against a party who never appeared, the court requires an affidavit on personal knowledge setting forth facts as to liability and damages — a stronger evidentiary requirement than most states impose. See setting aside a Vermont default judgment.
For the answer itself, see responding to a Vermont complaint.
How Vermont compares
| Vermont | New Hampshire | Maine | Federal | |
|---|---|---|---|---|
| Time to answer | 21 days | — | 20 days | 21 days |
| After a denied motion | 14 days | — | 10 days | 14 days |
| Enumerated grounds | seven | not enumerated | seven | seven |
| Venue inside the rule | yes | — | yes | yes |
| Separate entry of default | no | yes | yes | yes |
A short checklist
- Diarise 21 days from service.
- Move before you plead if a further pleading is permitted.
- Put every available ground in one motion. Joining waives nothing.
- Plan for 14 days to answer if the motion is denied.
- Watch for conversion if you attach material outside the pleadings.
Where these rules live
- V.R.C.P. 8 — General Rules of Pleading
- V.R.C.P. 12 — Defenses and objections
- V.R.C.P. 15 — Amended and Supplemental Pleadings
- V.R.C.P. 56 — Summary Judgment
This page explains what the rules say. It isn't legal advice, and the standard for dismissal under Rule 12(b)(6) is developed in case law this site doesn't cover.