RULE IRLJ 3.5
DECISION ON WRITTEN STATEMENTS
(Local Option)
(a) Contested Hearings. The court shall examine the citing
officer's report and any statement submitted by the defendant.
The examination shall take place within 120 days after the
defendant filed the response to the notice of infraction. The
examination may be held in chambers and shall not be governed by
the Rules of Evidence.
(1) Factual Determination. The court shall determine whether
the plaintiff has proved by a preponderance of all evidence
submitted that the defendant has committed the infraction.
(2) Disposition. If the court determines that the infraction
has been committed, it may assess a penalty in accordance with rule 3.3.
(3) Notice to Parties. The court shall notify the parties in
writing whether an infraction was found to have been committed
and what penalty, if any, was imposed.
(4) No Appeal Permitted. There shall be no appeal from a
decision on written statements.
(b) Mitigation Hearings. Mitigation hearings based upon
written statements may be held in chambers.
[Adopted as JTIR effective January 1, 1981. Changed from JTIR to
IRLJ effective September 1, 1992; amended effective September 1, 1997;
amended effective January 3, 2006.]
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