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



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



(1)  In the case of a traffic infraction where the
person requests a hearing at which the person will appear in person to contest
the 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 notice
of hearing shall be mailed to the address stated in the denying answer, or if
none is given, to the address stated on the notice of traffic infraction.  The
notification also shall advise the person that, if the person fails to appear
at the hearing, the court shall enter judgment by default in favor of the
State, as of the date of the scheduled hearing, that the total amount specified
in the default judgment must be paid within thirty days of entry of default
judgment, and, if it is not paid, that the court shall take action as provided
in section 291D-10; and



(2)  When a denying answer is accompanied by a written
statement of the grounds on which the person contests the notice of traffic
infraction, the court shall proceed as provided in section 291D-8(a) and shall
notify 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 the
postmarked date of the answer to the address provided by the person in the
denying answer, or if none is given, to the address given when the notice of
traffic infraction was issued or, in the case of parking violations, to the
address at which the vehicle is registered.  The notice of entry of judgment
also shall advise the person, if it is determined that the infraction was
committed and judgment is entered in favor of the State, that the person has
the right, within thirty days of entry of judgment, to request a trial and
shall specify the procedures for doing so.  The notice of entry of judgment
shall also notify the person, if an amount is assessed by the court for
monetary assessments, fees, surcharges, or costs, that if the person does not
request a trial within the time specified in this paragraph, the total amount
assessed shall be paid within thirty days of entry of judgment.  The notice of
entry of judgment shall inform the person that if the total amount is not paid
within thirty days, the court shall take action as provided in section 291D-10.



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



(1)  In the case of a traffic infraction where the
person requests a hearing at which the person will appear in person to explain
mitigating circumstances, the court shall notify the person in writing of the
date, time, and place of hearing to explain mitigating circumstances.  The
notice of hearing shall be mailed to the address stated in the answer, or if
none is given, to the address stated on the notice of traffic infraction.  The
notification also shall advise the person that, if the person fails to appear
at the hearing, the court shall enter judgment by default in favor of the
State, as of the date of the scheduled hearing, that the total amount stated in
the default judgment must be paid within thirty days of entry of default
judgment, and, if it is not paid, that the court shall take action as provided
in section 291D-10; and



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



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



(e)  Whenever judgment by default in favor of
the State is entered, the court shall mail a notice of entry of default
judgment to the address provided by the person when the notice of traffic
infraction was issued or, in the case of parking infractions, to the address
stated in the answer, if any, or the address at which the vehicle is
registered.  The notice of entry of default judgment shall advise the person
that the total amount specified in the default judgment shall be paid within
thirty days of entry of default judgment and shall explain the procedure for
setting aside a default judgment.  The notice of entry of default judgment
shall also inform the person that if the total amount is not paid within thirty
days, the court shall take action as provided in section 291D-10.  Judgment by
default for the State entered pursuant to this chapter may be set aside pending
final disposition of the traffic infraction upon written application of the
person and posting of an appearance bond equal to the amount of the total
amount specified in the default judgment and any other assessment imposed
pursuant to section 291D-9.  The application shall show good cause or excusable
neglect for the person's failure to take action necessary to prevent entry of
judgment by default.  Upon receipt of the application and required appearance
bond, the court shall take action to remove the restriction placed on the
person's driver's license or the motor vehicle's registration and title imposed
pursuant to section 291D-10.  Thereafter, the court shall determine whether
good cause or excusable neglect exists for the person's failure to take action
necessary to prevent entry of judgment by default.  If so, the application to
set aside default judgment shall be granted, the default judgment shall be set
aside, and the notice of traffic infraction shall be disposed of pursuant to
this 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 under
the default judgment, and the notice of traffic infraction shall be finally
disposed.  In either case, the court shall determine the existence of good
cause or excusable neglect and notify the person of its decision on the
application in writing. [L 1993, c 214, pt of §2; am L 1997, c 60, §10; am L
2005, 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, see
HCTR rule 18(b).