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A trial by written declaration is a procedure where, instead of appearing in court for a trial on your citation, you mail or bring in a written statement on a trial by written declaration by explaining the facts of your case and why the court should rule in your favor.
Note that if you choose to plead not guilty you may be made ineligible for traffic school. However, even if you lose your trial, the court judge or officer can still use their discretion to offer you traffic school.
I am unable to appear before this Court on the date of the scheduled hearing because Briefly explain why you are unable to appear. However, I am able to appear before this Court on or after Date. I respectfully request this Court to stay the proceedings of this case until Date.
How to have a trial by declaration Get instructions from your Notice or the court. ... Fill out court form and attach evidence. ... Pay your fine (bail) ... Send the form, evidence, and payment to the court. ... Court gets statement from officer. ... Get the decision.
I RESPECTFULLY REQUEST that the Court grant my Request for Continuance. I ALSO REQUEST that the Court award any other relief it considers fair and proper. I ? DO request an oral hearing in front of the judge on this motion. I declare under penalty of perjury that the foregoing is true and correct.
Requesting a trial by written declaration in California requires filling out Form TR-205. There may be more forms specific to the court handling your ticket. Form TR-205 includes basic information like your name, address, and contact information. You must also include a statement of facts about your case.
The intended benefits for a trial by declaration were to allow people who could not appear in Court an opportunity to be heard through written correspondence between themselves and the Court. These trials also allow for a new trial (trial de novo) if a person is dissatisfied with the Court's decision.