RULE IRLJ 3.3
                 PROCEDURE AT CONTESTED HEARING


    (a) Generally. The court shall conduct the hearing for
contesting the notice of infraction on the record in accordance
with applicable law.

    (b) Representation by Lawyer. At a contested hearing, the
plaintiff shall be represented by a lawyer representative of the
prosecuting authority when prescribed by local court rule. The
defendant may be represented by a lawyer.

    (c) Rules of Evidence. The Rules of Evidence and statutes
that relate to evidence in infraction cases shall apply to
contested hearings. The court may consider the notice of
infraction and any other written report made under oath submitted
by the officer who issued the notice or whose written statement
was the basis for the issuance of the notice in lieu of the
officer's personal appearance at the hearing, unless the
defendant has caused the officer to be served with a subpoena to
appear in accordance with instructions from the court issued
pursuant to rule 2.6(a)(2).

    (d) Factual Determination. The court shall determine whether
the plaintiff has proved by a preponderance of the evidence that
the defendant committed the infraction. If the court finds the
infraction was committed, it shall enter an appropriate order on
its records. If the court finds the infraction was not committed,
it shall enter an order dismissing the case.

    (e) Disposition. If the court determines that the infraction
has been committed, it may assess a monetary penalty against the
defendant. The monetary penalty assessed may not exceed the
monetary penalty provided for the infraction by law. The court
may waive or suspend a portion of the monetary penalty, or
provide for time payments, or in lieu of monetary payment provide
for the performance of community restitution as provided by law.
The court has continuing jurisdiction and authority to supervise
disposition for not more than 1 year.


[Adopted as JTIR effective January 1, 1981; amended effective
March 20, 1981.  Changed from JTIR to IRLJ effective September 1, 1992;
amended effective September 1, 1997; amended effective
January 3, 2006.]