As amended through November 12, 2024
Rule 9 - Failure to Respond or to Appear(a)Failure to Respond to Citation. (1)Default Judgment. If a defendant fails to respond as provided in Rules 5 or 6, the court may, without finding probable cause to believe the defendant committed the offense, enter a default judgment of conviction as provided in Rule 10. (2)Warning Notice Requirement. At least 15 days before default judgment is entered, a notice advising the defendant of the consequences of a failure to respond must be sent to the defendant at the address on record with the Division of Motor Vehicles or the address shown on the citation.(3) [Temporarily suspended until June 30, 2020](b)Failure to Appear After Summons. If a defendant who has been served a summons issued under Rule 4 fails to appear or respond, the court may enter a default judgment of conviction as provided in Rule 10.(c)Failure to Appear for Arraignment or Trial. If the court sends a defendant notice of an arraignment or trial date and the defendant fails to appear on the scheduled date, the court may, without finding probable cause to believe the defendant committed the offense, enter a default judgment of conviction as provided in Rule 10. The court's notice of the arraignment or trial date must advise the defendant of the consequences if the defendant fails to appear. (d)Bench Warrants Prohibited. The court shall not issue a bench warrant for failure to respond or appear or for failure to satisfy the judgment in a minor offense case. This provision does not apply to minor offenses filed in criminal and underage consuming cases as provided in Rule 17 and Rule 18. Rescinded and readopted by SCO 1794 effective 4/15/2013; renamed and renumbered by SCO 1797 effective 4/15/2013; amended by SCO 1895 effective 11/1/2016; Rule 9(a)(3) is temporarily suspended until June 30, 2020 by Order dated May 29, 2019, effective nunc pro tunc January 1, 2019.