Failure of Defendant to Appear at Scheduled Appearance, Informal Hearing, or Formal Hearing; Failure of Officer to Appear at Informal Hearing; Failure of Prosecutor to Appear at Formal Hearing.

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Sec. 8823.

(1) If the defendant fails to appear as directed by the citation or other notice, at a scheduled appearance under section 8815(3)(b) or (4), at a scheduled informal hearing, or at a scheduled formal hearing, the court shall enter a default judgment against the defendant.

(2) Unless the court has granted an adjournment for good cause shown, the court shall enter a judgment for the defendant if the law enforcement officer who issued the citation for a state civil infraction fails to appear at a scheduled informal hearing or if the prosecuting attorney fails to appear or is unable to proceed at a scheduled formal hearing, but the defendant is not entitled to costs of the action.

History: Add. 1995, Act 54, Eff. Jan. 1, 1996


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