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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