SWMIRLJ 3.2(b)
MOTION FOR VACATION OF DEFAULT JUDGMENT FOR FAILURE TO
APPEAR/RESPOND
A defendant against whom a judgment for a traffic
infraction has been entered by default for failure to
appear/respond may file a motion in writing, on forms
provided by the Court, requesting that said judgment be set
aside. The motion will then be presented to the Court ex
parte for determination. If, upon review, the Court feels
that a hearing upon the motion is necessary, the matter
shall be set for hearing. The defendant must be present in
the event the matter is set for hearing. The motion will be
evaluated in conformity with CRLJ 60(b). If the Court
grants the motion, the matter will be set for a hearing.
Mitigation hearings may be heard at the time of the motion
if the calendar allows.
(Adopted effective September 1, 2000)
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