(a) Pleadings. There shall be a complaint and an answer; a disclosure under oath, if trustee process is used; a reply to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a third-party complaint, if a person who was not an original party is summoned under the provisions of Rule 14; and a third-party answer, if a third-party complaint is served. No other pleading shall be allowed, except that the court may order a reply to an answer or a third-party answer.
Rule 7.Pleadings allowed; form of motions
Group III: Pleadings and Motions · Last amended August 9, 2021 · Last verified July 14, 2026
In one sentenceRule 7 lists every pleading allowed in a Vermont civil case, bars all others, and spells out how motions must be made, opposed, argued, and decided.
Full Text of Rule 7
(b) Motions and Other Papers.
(1) Application. An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor including a concise statement of the facts and law relied on, and shall set forth the relief or order sought.
(2) Applicable Rules. The rules applicable to captions and other matters of form of pleadings apply to all motions and other papers provided for by these rules.
(3) Motions To Be Signed. All motions shall be signed in accordance with Rule 11.
(4) Memorandum in Opposition. Any party opposed to the granting of a written dispositive motion, including a motion for summary judgment under Rule 56, shall file a memorandum in opposition thereto not more than 30 days after service of the motion, unless otherwise ordered by the court. A memorandum in opposition to any nondispositive motion shall be filed not more than 14 days after service of the motion, unless otherwise ordered by the court. Any party may file a reply to a memorandum in opposition, including a memorandum in opposition to a motion for summary judgment under Rule 56(b), within 14 days after service of the memorandum. The court may also allow a surreply memorandum if the memorandum would assist in clarifying the issues, particularly where the party seeking to file the memorandum is addressing newly raised factual or legal arguments by the opposing party.
(5) Oral Argument. The court may hold oral argument on the motion or may dispose of the motion without argument.
(6) Evidentiary Hearings. Except for motions governed by Rule 56, the court shall provide an opportunity to present evidence if requested, unless the court finds that an evidentiary hearing is not necessary. The request for an opportunity to present evidence shall include a statement of the evidence which the party wishes to offer. When a moving party wishes to request an opportunity to present evidence the request shall be submitted with the motion to which it applies or within 7 days of service of the memorandum in opposition. A request by an opposing party for an opportunity to present evidence shall be submitted with the memorandum in opposition. When this rule requires a motion to be in writing, the request for an opportunity to present evidence shall be in writing.
(7) Fees and Costs. If a motion is heard under this subdivision (b), the court may award fees and costs to the prevailing party if the court finds that the grounds for filing or opposing the motion were frivolous.
Amendment History
Amended Oct. 30, 1979, eff. Dec. 3, 1979; Oct. 21, 1983, eff. Jan. 1, 1984; Dec. 14, 1989, eff. March 1, 1990; Sept. 20, 2017, eff. Jan. 1, 2018; June 7, 2021, eff. Aug. 9, 2021.
Plain-English Summary
Rule 7(a) fixes the full roster of pleadings a Vermont civil case can have: a complaint, an answer, a disclosure under oath when trustee process is used, a reply to a counterclaim, an answer to a cross-claim, and, when Rule 14 brings in a new party, a third-party complaint and answer. Nothing else counts as a pleading unless the court orders a reply to an answer or a third-party answer. Closing the list this way keeps a case from sprawling into extra rounds of paper before it reaches the merits.
Rule 7(b) turns to motions, the tool for asking the court to act mid-case. A motion must be in writing unless made during a hearing or trial, must state its grounds with particularity, and must set out the relief sought. Motions follow the same formatting rules as pleadings and need a signature under Rule 11. The rule also sets a briefing calendar: an opposing party gets 30 days to respond to a dispositive motion, including one for summary judgment under Rule 56, and 14 days to respond to anything nondispositive. The moving party can then reply within 14 days, and the court may allow a surreply if it would help sort out arguments the opposing party raised for the first time.
Beyond paper, Rule 7(b) covers hearings. The court can rule on a motion without argument or set it down for oral argument. Outside motions governed by Rule 56, a party who asks for a chance to present evidence gets one unless the court decides a hearing is not needed, and the rule fixes when that request must come in — with the motion itself, or within 7 days of the opposing memorandum. Finally, a court that holds a hearing under this subdivision can shift fees and costs to whichever side filed or opposed the motion on frivolous grounds.
Frequently Asked Questions
What pleadings does Vermont Rule 7 allow in a civil case?
A complaint, an answer, a sworn disclosure when trustee process is used, a reply to a counterclaim, an answer to a cross-claim, and — when a third party is brought in under Rule 14 — a third-party complaint and answer. No other pleading is allowed unless the court orders a reply to an answer or third-party answer.
How long do I have to respond to a motion in Vermont?
Thirty days after service for a dispositive motion, including a motion for summary judgment under Rule 56, unless the court orders otherwise. For a nondispositive motion, the deadline is 14 days. The moving party may then reply within 14 days after the opposition is served.
Can I get an evidentiary hearing on a motion in Vermont?
Yes, with one exception. Outside motions governed by Rule 56, the court must give a party the chance to present evidence if requested, unless the court finds a hearing unnecessary. The request has to describe the evidence offered and must be submitted with the motion or, for the opposing party, with the memorandum in opposition.
Does a motion have to be in writing?
Yes, unless it is made during a hearing or trial. A written motion must state its grounds with particularity, including the facts and law relied on, and must set out the relief or order sought.
Can a Vermont court award fees or costs for a frivolous motion?
Yes. If a motion is heard under Rule 7(b), the court may award fees and costs to the prevailing party when it finds that the grounds for filing or opposing the motion were frivolous.
Source & verification. Rule text, official Reporter's Notes, and
amendment history are reproduced verbatim from the Vermont Rules of Civil Procedure,
adopted by the Vermont Supreme Court. Last verified July 14, 2026.
· Official source
Also known as: vermont motion practicevrcp 7pleadings allowed vermontmemorandum in opposition vermontmotion briefing schedule vermont