RULE 2.6
                   SCHEDULING OF HEARINGS


    (a) Contested Hearings.

    (1) Except as provided in sections (1)(i) and (ii), upon
receipt of a response submitted pursuant to rule 2.4(b)(2), the
court shall schedule a hearing to determine whether the defendant
committed the infraction. The hearing shall be scheduled for not
less than 14 days from the date the written notice of hearing is
sent by the court, nor more than 120 days from the date of the
notice of infraction or the date a default judgment is set aside.

    (i) If authorized by local court rule, a defendant who
requests a contested hearing may first be scheduled for a
prehearing conference, which shall be scheduled for not less than
14 days from the date the written notice of the hearing is sent
by the court nor more than 45 days from the date of the notice of
infraction or the date a default judgment is set aside, unless
otherwise agreed by the defendant in writing.

    (ii) The prehearing conference may be waived by the defendant
in writing if the waiver is received by the court before the time
set for the prehearing conference. If the prehearing conference
is waived, the case will be set for contested hearing. The
contested hearing shall be scheduled for not more than 90 days
from the date of the prehearing conference or, if the prehearing
conference is waived, from the date the waiver of the prehearing
conference is received by the court.

    (2) The court shall send the defendant written notice of the
time, place, and date of the hearing within 21 days of the
receipt of the request for a hearing. The notice of the hearing
shall also include statements advising the defendant of the
defendant's rights at the hearing, how the defendant may request
that witnesses be subpoenaed, and that failure to appear may be a
crime for which the defendant may be arrested, and, in a traffic
infraction case, the defendant's privilege to operate a motor
vehicle may be suspended. If a local rule is adopted implementing
sections (a)(1)(i) and (ii), the court shall advise the defendant
in the notice of the defendant's right to waive the prehearing conference.

    (3) The court may schedule the hearing on a contested
infraction for the same time as the hearing on another infraction
alleged to have been committed by the defendant. The court may
schedule the hearing on a contested infraction for the same time
as the trial on a misdemeanor arising out of the same occurrence
as the infraction.

    (4) The infraction may be dismissed upon a showing of
prejudice if the court does not send a defendant written notice
of a hearing within 21 days of receipt of the request for a hearing.

    (b) Mitigation Hearings.

    (1) Upon receipt of a response submitted pursuant to rule 2.4(b)(3)
the court shall schedule a hearing to determine whether
there were mitigating circumstances surrounding the commission of
the infraction. The hearing shall be scheduled for not less than
14 days from the date the written notice of hearing is sent by
the court, nor more than 120 days from the date of the notice of
infraction or the date a default judgment is set aside, unless
otherwise agreed by the defendant in writing.

    (2) The court shall send the defendant written notice of the
time, place, and date of the hearing within 21 days of the
request for a hearing. The notice shall also include statements
advising the defendant of the defendant's rights at the hearing
and stating that failure to appear may be a crime for which the
defendant may be arrested, and, in a traffic infraction case, the
defendant's privilege to operate a motor vehicle may be suspended.

    (3) The court may schedule the mitigation hearing for the
same time as the mitigation hearing on another infraction alleged
to have been committed by the defendant.

    (c) Decisions on Written Statements. If the court has adopted
a local rule authorizing decisions on written statements
submitted by mail, or e-mail, it shall, upon receipt of a
statement pursuant to rule 2.4(b)(4), consider the case in
accordance with rule 3.5. The requirements of GR 30.5 are not
applicable to e-mail statements submitted pursuant to rule
2.4(b)(4). The court is not required to notify the parties of a
date for the examination of the statements.

    (d) Objection to Hearing Date. A defendant who objects to the
hearing date set by the court upon the ground that it is not
within the time limits prescribed by this rule shall file with
the court and serve upon the prosecuting authority a written
motion for a speedy hearing date within 10 days after the notice
of hearing is mailed or otherwise given to the defendant. Failure
of a party, for any reason, to make such a motion shall be a
waiver of the objection that a hearing commenced on such a date
is not within the time limits prescribed by this rule. The
written notice of the hearing date shall contain a copy of IRLJ 2.6(d).

    (e) Time for Hearing; Effect of Delay or Continuances. A
motion for dismissal for the failure to hold a hearing within the
time period provided by this rule shall not be granted if the
failure to hold the hearing was attributable to the defendant or
the defendant's counsel.

    (f) Dismissal With Prejudice. An infraction not brought to
hearing within the time period provided by this rule shall, upon
motion, be dismissed with prejudice.

    (g) Change of Judge. The provisions of CRLJ 40(f) apply.


[Adopted as JTIR effective January 1, 1981; amended effective
September 1, 1989.  Changed from JTIR to IRLJ effective September 1, 1992;
amended effective September 1, 1997; September 1, 1998;
amended effective January 3, 2006.]