DMMCLIR 3.0
INFRACTION - PREHEARING CONFERENCE.
(a) Prehearing Conference Required - Waiver. A person cited
with an infraction who requests a hearing to contest the
infraction shall first appear at a prehearing conference.
The prehearing conference shall be scheduled in accordance
with the provisions of IRL3 2.6(a)(1). The requirement that
the person appear at the prehearing conference may be
waived, in writing, provided the waiver is received by the
court before the time set for the prehearing conference. If
the defendant fails to timely waive or appear at the
prehearing conference, a default judgment shall be entered.
(b) Setting Contested Hearing. If the infractions are not
resolved following the prehearing conference, a contested
hearing shall be scheduled for not more than ninety (90)
days from the date of the prehearing conference. If the
prehearing conference is waived, a contested hearing shall
be scheduled for not more than ninety (90) days from the
date the waiver of the prehearing conference is received by
the court.
(c) Prehearing Motions For Contested Infractions - Written
Notice Required. All motions to exclude evidence or dismiss
an infraction shall be filed no later than the conclusion of
the prehearing conference. If a defendant elects to waive
his or her appearance at the prehearing conference, any
motion must be noted on the waiver form filed with the court
pursuant to DMMCLIR 3.0(a). A motion(s) not timely filed
shall be waived and shall not be considered by the court.
Motions timely noted shall be addressed by the court at the
time of the contested hearing.
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