Procedure at Traffic Bench Trial

Procedure at a Traffic Bench Trial

Williston Municipal Court bench trials are always held at 1:30pm at the Williams County Courthouse, courtroom 119A.

The City of Williston is the plaintiff, the person named in the citation or complaint is the defendant.  Both the city and defendant may subpoena witnesses for the trial and both parties may cross-examine these witnesses.  Any evidence that is presented must stay within the courts possession.

In non-criminal cases, including traffic, the City of Williston must establish each element by a preponderance of the evidence. 

If the defendant is found not guilty, the bond will be returned to the defendant within 2 weeks.  If the defendant is found guilty, the bond will be applied to any fines, fees, costs or restitution.  There will not be any additional fees in a non-criminal case.

If the defendant wishes to file a motion of appeal, they must do so in writing, with the clerk's office, within 30 days of the verdict.  The court system does not have a form for this, the defendant must prepare the motion on their own.  The conviction is reported to the state licensing authority even if an appeal is filed. 

The appeal is transferred to the Williams County District Court system within 5 days of the filing of the appeal.  The Clerk of District Court will notify the defendant of future court dates.