Rule 2.6
Infraction Pre-Hearing Conference
(a) Pre-hearing Conference Required - Waiver. A defendant charged with an
infraction who requests a hearing to contest the infraction shall first appear
at a pre-hearing conference, in which motions, not witnesses will be heard.
The pre-hearing conference shall be scheduled in accordance with the provisions
of IRLJ 2.6(a)(1)(i). If the defendant does not intend to bring any pre-
hearing motion, the requirement that the defendant appear at the pre-hearing
conference may be waived by the defendant in writing; provided the waiver is
received by the court before the time set for the pre-hearing conference. If
the defendant does not appear for the pre-hearing he is deemed to have waived
his right to bring any pre-hearing motions, and the infraction will be set on
the next contested hearing date. In waiving the pre-hearing conference, the
defendant shall complete a waiver form approved by the court. In the event
that the defendant submits a waiver in a form other than that approved by the
court, said waiver shall be ineffective unless it is in substantial compliance
with the same format hereinafter set forth.
(ii) Setting Contested Hearing. If the infractions are not resolved following
the pre-hearing conference, a contested hearing shall be scheduled for not more
than ninety (90) days from the date of the prehearing conference. If the pre-
hearing conference is waived, a contested hearing shall be scheduled for not
more than ninety (90) days from the date the waiver of the pre-hearing
conference is received by the court.
(iii) Pre-hearing Motions For Contested Infractions "Written Notice Required"
Time Limits For Oral Argument. All motions, including the cited authority(s),
to exclude evidence or dismiss an infraction shall be filed no later than the
conclusion of the pre-hearing conference. If a defendant elects to waive his
or her appearance at the pre-hearing conference, any motion, including the
cited authority, must be noted on the waiver form filed with the court pursuant
to IRLJ 2.6(a). Any motion(s) not timely filed shall be waived and shall not
be considered by the court.
All motions timely noted shall be addressed by the court at the time of the
contested hearing. Unless otherwise ordered by the court, parties shall have a
total of ten (10) minutes each to argue and/or respond to motions before the
court. Any argument in support of, or in response to, motions before the court
that will require more than ten (10) minutes to present shall be submitted in
brief form.
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