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  1. #1
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Can You Get Your Case Dismissed if a Court Doesn't Immediately Schedule the Heari

    You seem to be reading "upon receipt" as meaning "at the moment of receipt". But, that's not what the law states. In my opinion "upon receipt of said notice" means that they simply cannot schedule you for a hearing BEFORE they receive your notice. The rule does NOT state a time frame. For example, in WA, the court rule states:

    Quote Quoting IRLJ 2.6 (a)
    (2) The court shall send the defendant written notice of the time, place, and date of the hearing within 21 days of the receipt of the request for a hearing.
    But, even with THAT specification, if you don't receive the notice within 21 days, it's still NOT grounds for dismissal.

    Barry

  2. #2
    Join Date
    Jun 2012
    Posts
    4

    Default Re: Can You Get Your Case Dismissed if a Court Doesn't Immediately Schedule the Heari

    I see, thank you blewis.

    It just seems like an excessively long time to wait for a requested hearing...63 days after my request. From what I gather then, this court could wait months to schedule my hearing?

    Things were so much simpler when it was criminal, civil procedures are so confusing to me

  3. #3
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Can You Get Your Case Dismissed if a Court Doesn't Immediately Schedule the Heari

    Several states have "speedy trial" rules even for infraction hearings. CA has a 45 day rule (from the arraignment to the hearing) and WA has a 120 day rule (from the date of the infraction). I don't know about AZ, but you should be able to look that up.

    Barry

  4. #4
    Join Date
    Jun 2012
    Posts
    4

    Default Re: Can You Get Your Case Dismissed if a Court Doesn't Immediately Schedule the Heari

    Yes, I did do some research but wasn't able to find a specific time limit, only the Rule 10 stuff in Civil Procedures. Guess I'll just keep digging. Fortunately, I'm not hanging my case on this issue but it would have been nice to just get it dropped altogether

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