RULE IRLJ 3.5
DECISION ON WRITTEN STATEMENTS
(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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