§291D-7  Court action after answer orfailure to answer.  (a)  When an admitting answer is received, the courtshall enter judgment in favor of the State in the total amount specified in thenotice of traffic infraction.  If the total amount is not submitted with theanswer, the court may take action as provided in section 291D-10.

(b)  When a denying answer is received, thecourt shall proceed as follows:

(1)  In the case of a traffic infraction where theperson requests a hearing at which the person will appear in person to contestthe infraction, the court shall notify the person in writing of the date, time,and place of hearing to contest the notice of traffic infraction.  The noticeof hearing shall be mailed to the address stated in the denying answer, or ifnone is given, to the address stated on the notice of traffic infraction.  Thenotification also shall advise the person that, if the person fails to appearat the hearing, the court shall enter judgment by default in favor of theState, as of the date of the scheduled hearing, that the total amount specifiedin the default judgment must be paid within thirty days of entry of defaultjudgment, and, if it is not paid, that the court shall take action as providedin section 291D-10; and

(2)  When a denying answer is accompanied by a writtenstatement of the grounds on which the person contests the notice of trafficinfraction, the court shall proceed as provided in section 291D-8(a) and shallnotify the person of its decision, including the total amount assessed, if any,by mailing the notice of entry of judgment within forty-five days of thepostmarked date of the answer to the address provided by the person in thedenying answer, or if none is given, to the address given when the notice oftraffic infraction was issued or, in the case of parking violations, to theaddress at which the vehicle is registered.  The notice of entry of judgmentalso shall advise the person, if it is determined that the infraction wascommitted and judgment is entered in favor of the State, that the person hasthe right, within thirty days of entry of judgment, to request a trial andshall specify the procedures for doing so.  The notice of entry of judgmentshall also notify the person, if an amount is assessed by the court formonetary assessments, fees, surcharges, or costs, that if the person does notrequest a trial within the time specified in this paragraph, the total amountassessed shall be paid within thirty days of entry of judgment.  The notice ofentry of judgment shall inform the person that if the total amount is not paidwithin thirty days, the court shall take action as provided in section 291D-10.

(c)  When an answer admitting commission of theinfraction but seeking to explain mitigating circumstances is received, thecourt shall proceed as follows:

(1)  In the case of a traffic infraction where theperson requests a hearing at which the person will appear in person to explainmitigating circumstances, the court shall notify the person in writing of thedate, time, and place of hearing to explain mitigating circumstances.  Thenotice of hearing shall be mailed to the address stated in the answer, or ifnone is given, to the address stated on the notice of traffic infraction.  Thenotification also shall advise the person that, if the person fails to appearat the hearing, the court shall enter judgment by default in favor of theState, as of the date of the scheduled hearing, that the total amount stated inthe default judgment must be paid within thirty days of entry of defaultjudgment, and, if it is not paid, that the court shall take action as providedin section 291D-10; and

(2)  If a written explanation is included with ananswer admitting commission of the infraction, the court shall enter judgmentfor the State and, after reviewing the explanation, determine the total amountof the monetary assessments, fees, surcharges, or costs to be assessed, ifany.  The court shall then notify the person of the total amount to be paid forthe infraction, if any.  There shall be no appeal from the judgment.  If thecourt assesses an amount for monetary assessments, fees, surcharges, or costs,the court shall also notify the person that the total amount shall be paidwithin thirty days of entry of judgment.  The notice of entry of judgment alsoshall inform the person that if the total amount is not paid within thirtydays, the court shall take action as provided in section 291D‑10.

(d)  If the person fails to answer withintwenty-one days of issuance of the notice of traffic infraction, the courtshall take action as provided in subsection (e).

(e)  Whenever judgment by default in favor ofthe State is entered, the court shall mail a notice of entry of defaultjudgment to the address provided by the person when the notice of trafficinfraction was issued or, in the case of parking infractions, to the addressstated in the answer, if any, or the address at which the vehicle isregistered.  The notice of entry of default judgment shall advise the personthat the total amount specified in the default judgment shall be paid withinthirty days of entry of default judgment and shall explain the procedure forsetting aside a default judgment.  The notice of entry of default judgmentshall also inform the person that if the total amount is not paid within thirtydays, the court shall take action as provided in section 291D-10.  Judgment bydefault for the State entered pursuant to this chapter may be set aside pendingfinal disposition of the traffic infraction upon written application of theperson and posting of an appearance bond equal to the amount of the totalamount specified in the default judgment and any other assessment imposedpursuant to section 291D-9.  The application shall show good cause or excusableneglect for the person's failure to take action necessary to prevent entry ofjudgment by default.  Upon receipt of the application and required appearancebond, the court shall take action to remove the restriction placed on theperson's driver's license or the motor vehicle's registration and title imposedpursuant to section 291D-10.  Thereafter, the court shall determine whethergood cause or excusable neglect exists for the person's failure to take actionnecessary to prevent entry of judgment by default.  If so, the application toset aside default judgment shall be granted, the default judgment shall be setaside, and the notice of traffic infraction shall be disposed of pursuant tothis chapter.  If not, the application to set aside default judgment shall be denied,the appearance bond shall be forfeited and applied to satisfy amounts due underthe default judgment, and the notice of traffic infraction shall be finallydisposed.  In either case, the court shall determine the existence of goodcause or excusable neglect and notify the person of its decision on theapplication in writing. [L 1993, c 214, pt of §2; am L 1997, c 60, §10; am L2005, c 48, §4; am L 2007, c 85, §6]

 

Rules of Court

 

  Answer, see HCTR rule 8.

  Default judgments, see HCTR rule 15; motion to set aside, seeHCTR rule 18(b).