TMCLIR 3.5 DECISION ON WRITTEN STATEMENTS A. Traffic infractions may be heard by the court on the basis of written submissions from the City and the defendant. Written submissions must be provided to the court in advance of the date set for contested hearing or mitigation as outlined on the forms provided by the court. Defendant’s must use court’s mitigation/contested by mail forms. B. Generally. The court shall examine the citing officer's report and any statement submitted by the defendant. The examination shall take place within 120 days after the defendant filed the response to the notice of infraction. The examination may be held in chambers and shall not be governed by the Rules of Evidence. C. Factual Determination. The court shall determine whether the plaintiff has proved by a preponderance of all evidence submitted that the defendant has committed the infraction. D. Disposition. If the court determines that the infraction has been committed, it may assess a penalty and any appropriate and permitted costs. E. Notice to Parties. The court shall notify the parties in writing whether an infraction was found to have been committed and what penalty, if any, was imposed. F. No Appeal Permitted. There shall be no appeal from a decision on written statements.
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