Rule 6 - Appearance of defendant - Admission of citation by mail - Answer of a defendant - Trial date notice or continuance notice(a) Admission of Citation By Mail. Any person charged with an infraction by a citation may enter an admission by paying the total amount due, which includes fixed penalty and court costs, by mail. Payment of the total amount by mail shall constitute an admission of the charge. The total amount must be mailed by the defendant so as to be received by the court on or before the appearance date set forth in the citation. If a personal check is dishonored and returned to the court for any reason, the defendant will be deemed not to have appeared on the citation and default judgment may be entered against the defendant under Rule 8; and in addition thereto, the maker of the check may be prosecuted for such other misdemeanor or felony for issuance of the check as may be provided by law.(b) Appearance of Defendant. Unless the defendant mails the total amount due to the court under subsection (a) of this rule, the defendant shall appear before the clerk to answer the charge set forth in a citation or complaint as provided in this rule. If the defendant denies the charge, no bail shall be required, and the defendant shall thereafter be present in court at the time of the trial set by the court or the clerk. If the defendant appears on a citation at the time stated in the citation and the citation has not been delivered to the court, the court may dismiss the citation.(c) First Appearance and Answer or Continuance Before Clerk of the Court. The defendant shall appear before the clerk to enter an answer to an infraction citation or complaint on or before the appearance date. If the defendant admits the charge, judgment shall be entered against the defendant as provided by Rule 9. If the defendant denies the charge, the clerk shall set the trial date for the citation or complaint and serve a copy of the written trial date notice upon the defendant. If, at the first appearance, the defendant desires additional time before answering the charge, the clerk shall issue a continuance notice and serve a copy upon the defendant. The trial date notice and continuance notice shall be substantially in the form provided by these rules and may be served upon the defendant by personal delivery or by mailing to the address in the citation, or other address furnished by the defendant, and no further notice need be given to the defendant.(d) Appearance by Defendant Through Attorney. A defendant may also appear, answer and have judgment entered through an attorney, who shall either appear in person or shall file, at or before the time for appearance, a written appearance and answer on behalf of the defendant. The court may, in its discretion, require the presence of the defendant at any stage of the proceeding not otherwise required by these rules.(e) Trial Date Notice or Continuance Notice. Whenever a defendant is given a trial date setting or a continuance at or after the defendant's first appearance, such notice shall be given by a written notice delivered to the defendant in substantially the following form:(1) Trial Date Notice: [Court Heading]
STATE OF IDAHO | ) | |
Plaintiff , | ) | |
| ) | TRIAL DATE NOTICE |
vs. | ) | |
_________________, | ) | |
Defendant. | ) | |
NOTICE IS HEREBY GIVEN to the above Defendant that trial before the court has been set for the charge against you at _ o'clock _.M. on the _ day of _ 20_, in the courtroom of the above court.
[] THIS CHARGE IS AN INFRACTION - YOU ARE HEREBY NOTIFIED that if you do not appear in court at said time and place for trial, judgment will be entered against you for the infraction violation in the sum of $__________ . In additional a copy of the judgment will be forwarded to the Idaho Department of Transportation which may count as driver violation points against your or be forwarded to your home state pursuant to the Interstate Nonresident Violator Compact.
[] THIS CHARGE IS A MISDEMEANOR - YOU ARE HEREBY NOTIFIED that if you do not appear in court at said time and place for trial any bond posted may be forfeited by the court and a warrant may issue for your arrest without further notice.
[] Personally delivered to the defendant this date.
[] Mailed to the defendant this date.
Private Counsel: _
Mailed_ Hand Delivered _
Prosecutor: _
Mailed_ Hand Delivered _
Dated _
Clerk or Judge
(2) Continuance Notice: STATE OF IDAHO | ) | |
Plaintiff | ) | |
vs. | ) | CONTINUANCE NOTICE |
____ , | ) | |
Defendant. | ) | |
NOTICE IS HEREBY GIVEN to the above Defendant that proceedings on the charge against you have been continued until _ o'clock _.m. on the _ day of _ 20_, in the courtroom of the above court.
[] THIS CHARGE IS AN INFRACTION - YOU ARE HEREBY NOTIFIED that if you do not appear in court at said time and place for trial, judgment will be entered against you for the infraction violation in the sum of $__________ . In addition, a copy of the judgment will be forwarded to the Idaho Department of Transportation which may count as driver violation points against you, or be forwarded to your home state pursuant to the Interstate Nonresident Violator Compact.
[] THIS CHARGE IS A MISDEMEANOR - YOU ARE HEREBY NOTIFIED that if you do not appear in court at said time and place for trial any bond posted may be forfeited by the court and a warrant may issue for your arrest without further notice.
[] Personally delivered to the defendant this date.
[] Mailed to the defendant this date.
Private Counsel: _
Mailed _ Hand Delivered _
Prosecutor: _
Mailed _Hand Delivered _
Dated _
Clerk or Judge
Adopted March 23, 1983, effective 7/1/1983; amended February 10, 1993, effective 7/1/1993; amended April 19, 1995, effective 7/1/1995; amended March 21, 2007, effective 7/1/2007; amended May 30, 2018, effective 7/1/2018.