Procedure at Hearing or Trial
The City of Fargo is the plaintiff. The person named in the citation or complaint is the defendant. The City Prosecutor will subpoena the city's witnesses to appear at the time scheduled for hearing. The defendant also has the opportunity to present witnesses and evidence at the hearing. The prosecutor and defendant have the opportunity to cross-examine anyone who testifies. In non-criminal cases, including traffic, the City of Fargo must establish each element of the offense by preponderance of the evidence.
If the court finds the defendant not guilty, the bond will be refunded. If the court finds the defendant guilty, the bond posted will be applied to the fine imposed, unless an appeal is filed. There are no additional costs in a non-criminal case.
To appeal a guilty finding in a non-criminal case, you may give oral Notice of Appeal to the judge immediately upon entry of judgment or conviction. Otherwise, notice of appeal must be in writing and filed with the court within 30 days, and a copy of the notice must be served upon the prosecuting attorney. The conviction is reported to the state licensing authority even if an appeal is filed.
The Clerk will transmit the court file to the Clerk of District Court within five days after the appeal is filed. The Clerk of District Court will notify the defendant of future court appearances.