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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