As amended through September 30, 2024
Rule 18 - Post-judgment Relief(a) Post-Judgment Motion. No post-judgment request for relief will be allowed except for a motion to set aside default judgment, motion to convert monetary assessment to community service, motion to amend judgment, or a request for trial after a contested hearing. (b) Motion to Set Aside Default Judgment. A default judgment may not be set aside after ninety (90) days of the notice of entry of default judgment unless the court finds an exceptional circumstance. (1) Generally. The court may set aside a default judgment for good cause shown and upon terms the court deems just. A default judgment may be set aside if the court finds that the defendant was not served a copy of the notice of infraction, if the failure to timely answer was due to the defendant's military deployment, or for any other reason where necessary to prevent manifest injustice. (2) Procedure. A motion to set aside default judgment must be made in writing and an appearance bond equal to the amount of the judgment, together with any delinquency charges, must be posted. (i) Consolidated Hearing Required. The hearing on the motion to set aside default judgment, and the hearing on the notice of infraction, if any, shall be scheduled together. If the motion to set aside default judgment is granted, the hearing on the notice of infraction will commence immediately. If the motion to set aside default judgment is denied, there shall be no hearing on the notice of infraction and the appearance bond shall be applied to satisfy the judgment and any delinquent charges. (ii) Separate Written Statements Required. If the defendant chooses to submit a written statement in lieu of appearing in person at a hearing on the motion to set aside default judgment, separate written statements must be submitted for the motion to set aside default judgment and for the notice of infraction. The court shall notify the defendant in writing of its decision on the motion to set aside default judgment, and if applicable, its decision on the notice of infraction, within thirty (30) calendar days after the date the motion was heard. (c) Motion to Convert Monetary Assessment to Community Service. A motion to convert a monetary assessment to community service may be filed at any time before a judgment is sent for collection. (d) Motion to Amend Judgment. A motion to amend the judgment to correct clerical mistakes may be filed at any time before a judgment is sent for collection. The court may correct clerical errors at any time, with or without a motion by the defendant. Amended December 8, 2005, effective 1/1/2006.