LIRLJ 3.5 Decision on Written or Email Statements Mitigation and Contested hearings regarding infractions are authorized. The procedure set out in IRLJ 3.5 is adopted. In place of the defendant's personal appearance at a contested or mitigated infraction hearing, defendants may submit their statement in writing (including email submissions). The sworn, written statements must be received by the Court no later than seven (7) calendar days before the scheduled hearing or it will not be considered. The Court shall examine the citing officer's report and any statements from the defendant. The examination shall take place within 120 days after the defendant filed a response to the notice of infraction. The examination may be held in Chambers and shall not be governed by the rules of evidence. Any Defendant electing to request that the Court hold a contested hearing under this rule waives the right to appeal the Court's decision to Superior Court under IRLJ 3.5. Upon reaching a decision, the court will notify the person of the Judge's determination. The person must remit any amount set by the Judge. If the amount set by the Judge is not paid by the specified date the failure to respond fee will be added and the matter turned over to a collection agency. If the citation is a traffic infraction, the Department of Licensing will be notified if the person fails to respond or to pay. [Adopted effective September 1, 2011]
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