KMC-IRLJ 2.6
INFRACTION – PREHEARING CONFERENCE
(a) Prehearing Conference Required – Waiver. A
defendant charged 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 IRLJ 2.6(a)(1)(i). The
requirement that the defendant appear at the prehearing
conference may be waived by the defendant, 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. In waiving the prehearing
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 court approved form.
(b) Waiver of Prehearing Conference Constitutes a
Waiver of Opportunity to Seek Deferral of Infraction. A
defendant who waives his or her presence at the prehearing
conference shall not be entitled to seek deferral of the
infraction(s) charged.
(c) 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.
(d) Prehearing Motions For Contested Infractions –
Written Notice Required – Time Limits For Oral Argument.
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 KMC-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.
(Effective September 1, 2002)
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