CMLARLJ 3.
DECISION ON WRITTEN STATEMENTS
(a) Written Submissions: Traffic infractions may be heard
by the Court on the basis of written documents submitted by
the city and a defendant, as provided in IRLJ 2.4 (b) (4)
and IRLJ 2.6. A written submission must be received by the
court no later than seven (7) days prior to the scheduled
date of the contested or mitigation hearing, or the
submission will not be considered.
(b) Generally: The court shall examine the citing
officer's report and any written documents submitted by the
defendant. The examination shall take place within 120 days
after the defendant files the response to the notice of
infraction. The examination may be held in chambers and
shall not be governed by the Rules of Evidence.
(c) Factual Determination: For purposes of a contested
infraction hearing, the court shall determine whether the
city has established, by a preponderance of all submitted
evidence, that the defendant committed the infraction.
(d) Disposition: If the court determines that the
infraction has been committed, it may assess a penalty
amount, and any appropriate and permitted costs to be paid
by the defendant.
(e) 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.
(f) No Appeal Permitted: There shall be no appeal from a
court determination based upon written statements.
Click here to view in a PDF.
|
| Courts | Organizations | News | Opinions | Rules | Forms | Directory | Library |
| Back to Top | Privacy and Disclaimer Notices |