ICYMI – New Civil REZ Rules in Muni Court

[7:41 p.m., March 19, 2015]  On March 19th, the Supreme Court clarified the procedures for obtaining a civil reservation in municipal court.  In Maida v. Kuskin, the Justices ruled that person who pleads guilty to a traffic offense may request an order that prevents admission of the plea in any civil proceeding arising from the same occurrence that precipitated the motor vehicle charge and that request must occur in open court.

The prosecutor or a person injured in the accident may object to such an order, but must demonstrate good cause to bar entry thereof. If good cause is demonstrated, or the charge to which a defendant pleads guilty does not arise out of the same occurrence that is the subject of the civil proceeding, a civil reservation order may not be entered. Further, such an order should not be entered when the conduct encompassed by the traffic offense bears no relation to the subsequent civil proceeding. Finally, if the guilty plea is entered without a court appearance, a defendant may not pursue a civil reservation order.

Click here for the PDF copy of the Maida v. Kuskin opinion.

Share:
  • Print
  • Facebook
  • Twitter
  • LinkedIn