Rule 9 Defendants in all infraction cases as an alternate procedure may elect to have the court address a motion to set aside a finding of committed, due to either the defendant's failure to appear for a hearing or failure to timely request a hearing by submitting a written motion to the court supported by an affidavit, setting forth the grounds for the motion and, if a contested hearing is requested, the facts constituting a defense to the infraction. Upon receipt of the motion the court shall forward a copy of the motion and affidavit to the plaintiff. Should the plaintiff choose to respond, the plaintiff shall cause such response to be filed with the court within five days (exclusive of weekends and holidays) of the receipt of the motion and affidavit and the plaintiff shall cause a copy of the response to be mailed to the defendant. Upon the expiration of five days from the plaintiffs receipt of the defendant's motion or receipt of the plaintiffs response, the court shall promptly issue its ruling on the basis of the documents submitted without oral hearing unless the court otherwise indicates. All pleadings filed with the court may be filed directly or by facsimile machine.
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