NPMCLIR 4.0
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 IRLJ
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 NPMCLIR 4.0(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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