Appearance required by citation -- Arrest for failure to appear -- Transfer of cases -- Disposition of fines and costs.

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  • (1) An individual receiving a citation issued pursuant to Section 77-7-18 shall appear in the court designated in the citation on or before the time and date specified in the citation unless:
    • (a) the citation states that the court will, within five to 14 days, notify the individual of when to appear; or
    • (b) the individual is permitted to remit the fine and other penalties without a personal appearance in accordance with a uniform fine schedule adopted by the Judicial Council or by court order under Section 77-7-21.
  • (2) A citation may not require an individual to appear or contact the court sooner than five days or later than 14 days following its issuance.
  • (3) If the individual cited does not appear before the court as directed by the citation or the court, or pay the fine as allowed by Section 77-7-21, the court may issue a bench warrant for the individual's arrest.
  • (4)
    • (a) Clerks and other administrative personnel serving the courts shall identify for the judge any citations over which the court may lack jurisdiction.
    • (b) Upon determining that the court lacks jurisdiction over a citation, the court shall:
      • (i) transfer the case to a court with jurisdiction;
      • (ii) if the court cannot readily identify a court with jurisdiction, dismiss the charges contained in the citation; and
      • (iii) notify the prosecutor of the transfer or dismissal.
    • (c) Any fine, fee, or forfeiture collected by a court that lacks jurisdiction shall be:
      • (i) transferred to the court receiving the case; or
      • (ii) if the case is dismissed, returned to the defendant.




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