As amended through Rule Change 2024(18), effective October 2, 2024
Rule 4 - Commencement of Action(a) Issuance of a charging document for civil infraction. A charging document may be issued by an Officer when present or with probable cause when not present. A copy shall be filed with the county court where the civil infraction is alleged to have occurred, and a copy is to be provided to the District Attorney with jurisdiction in that county.(b) Service. A charging document may be issued by a county court in a prosecution for a civil infraction by giving a copy to the defendant personally, or by leaving the summons at the defendant's domicile or place of abode with a person 18 years of age or older residing therein, or by mailing a copy to the defendant's last known address. If a person refuses to accept service of the charging document, tender of the charging document by the Officer to the person constitutes personal service.(c) Content. (1) Adult. The charging document issued to a person aged 18 or older shall include the following: (a) the identification of the alleged offender, (b) the name of the civil infraction alleged, (c) citation to the civil infraction alleged, (d) a brief description of the civil infraction, including but not limited to the date of infraction and approximate location, (e) the amount of the fine for the civil infraction and the amount of the surcharges, if applicable, (f) instructions of when and where to appear in a specified county court if the fine and applicable surcharges are not paid, (g) the Officer's signature, and (h) an option allowing the person to execute a signed acknowledgement of liability and agreement to pay the fine and surcharges within twenty days.(2) Minor. The charging document issued to a person under the age of 18 shall include all matters cited in Rule 4(c)(1)(a-h) and must also include: (a) a declaration that the minor's parent or legal guardian has reviewed the contents of the penalty assessment for the minor, (b) a signature line following the declaration for the minor's parent or legal guardian, (c) a signature line for a notary public to duly acknowledge the parent or legal guardian's signature, (d) an advisement that (i) the minor shall, within seventy-two hours of being served, inform the minor's parent or legal guardian of the charging document, (ii) the parent or legal guardian is required by law to review and sign the charging document and to have the person's signature duly acknowledged by a notary public, and (iii) non-compliance of this sub-section will require the minor and minor's parent or legal guardian to appear in court.(d) The time specified in the summons portion of the charging document must be at least thirty days, but not more than ninety days after the date the charging document is served.(e) In matters alleging a civil infraction in combination with a criminal offense, the Rules of Criminal Procedure shall apply to the commencement of actions.Adopted April 7, 2022, effective 4/7/2022.