Civil Traffic Set Aside (Failure to Appear)

Request for Set Aside

What is a Set Aside?
A Set Aside is a request asking the Court to cancel a Failure to Appear (FTA) or related default action when you were unable to appear for reasons beyond your control.

When You May File a Set Aside Request

You may request a set aside if you failed to appear and can provide documentation showing that you were unable to appear due to circumstances such as:

  • Incarceration
  • Hospitalization
  • Medical incapacitation
  • Military deployment or active-duty obligations
  • Other extraordinary circumstances beyond your control

Supporting documentation must be submitted with your request. Requests without supporting documentation may be denied.

Important: Do Not Submit Confidential or Sensitive Information

Please do not submit medical records or other confidential or sensitive information.

If documentation is needed to verify a hospitalization or similar circumstance, a brief letter or statement from the hospital or provider confirming the relevant date(s) is sufficient. Detailed medical information, including diagnoses, treatment information, or medical records, should not be submitted.

When a Set Aside Is Generally NOT Available

A set aside is generally not available simply because you changed your mind about how you wish to resolve your case.

  • You paid your civil traffic fine in full and later decide you want to attend Defensive Driving School.
  • You disagree with the outcome after voluntarily resolving the case.
  • You forgot to appear but cannot provide documentation showing circumstances beyond your control.

Civil-Traffic-Sanction-Schedule(PDF, 131KB)

How to File

Submit a written Set Aside Request along with supporting documentation explaining why you were unable to appear. Requests are typically reviewed within 7–10 business days. Please allow the Court sufficient time to review your submission. Contacting the Court regarding the status of your request before the review period has elapsed may delay processing.

Instructions and Motion to Set Aside Civil Traffic Default(PDF, 1MB) (Failure to Appear). 

Please include your current mailing address, email address, and telephone number on your request form. It is your responsibility to ensure the Court has your current contact information so you can receive notice of the Court's ruling and any further instructions regarding your case.

Filing a request does not guarantee that it will be granted. All fines and fees remain due and payable unless a payment plan or other payment arrangement has been approved by the Court.

 

 

Back to top