Free TR-200 INSTRUCTIONS TO DEFENDANT (Trial by Written Declaration--Traffic) - California

COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. :

TR-200

INSTRUCTIONS TO

Index DEFENDANTNo.

(Trial by Written Declaration) : (Vehicle Code, § 40902) Calendar No.
Plaintiff(s) Vehicle Code section 40902 allows a defendant to contest citations in writing, without having to make a personal court appearance. This procedure is called a "trial by declaration." Trials by written declaration are available in cases involving -against: infraction violations of the Vehicle Code or of local ordinances adopted under the Vehicle Code. The following instructions tell you how to obtain a trial by written declaration: :
1. Completely fill out the Request for Trial by Written Declaration (form TR-205) and sign it (type or print clearly). You : may include evidence such as photographs and diagrams. You should also attach your written statement of what happened (type or print clearly). In your statement, you must describe all the items of evidence (if any) that you are Defendant(s) : . . . . . . . . . . . . . . . . . . . . written . . . . . . . . . . . . . . . . . . . . including. with. your. request.. Your . . . . . . statement .must. include .the .following language: "I declare under penalty of perjury that this statement is true and correct." You must sign and date each written statement (these statements are called "declarations").

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JUDICIAL SUBPOENA

THE PEOPLE OF THE STATE OF NEW YORK 2. Return the completed and signed Request for Trial by Written Declaration and pay the required bail amount to the court. A completed Request for Trial by Written Declaration form and the required bail amount must be received by the TO by the due date indicated. (See item A on the request form for the due date.) If the clerk receives the form clerk after the due date, you will not be eligible for trial by written declaration. Failure to deposit bail by the due date may subject you to other charges, penalties, assessments, and actions.
3. After the clerk receives the Request for Trial by Written Declaration, the clerk will notify the officer who issued you the GREETINGS: citation. The officer will be given an opportunity to submit a declaration regarding the citation by a specified due date. You will be notified by mail of the court's decision. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before 4. If you are dissatisfied with the court's decision, you may ask for a new trial ("trial de novo"). In order to obtain a new located at County of trial, you must file the Request for New Trial (Trial de Novo) (form TR-220) within 20 days after the date the court's in room mailed to you. , on the day of , 20 , at o'clock in the noon, and at any recessed decision was

the Honorable

at the

Court

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or adjourned date, to testify and give evidence as a witness in this action on the part of the

5. Always include your citation number in any correspondence with the court. 6. IMPORTANT: You have the right to an in-person trial before a judge (rather than a trial by written declaration). You Your failure trial if you are this subpoena is punishable as a contempt trial by and will make you At a also have a right to a newto comply withdissatisfied with the court's decision in yourof court written declaration. liable to the party have the behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a court trial youon whose following rights: result of your failure an attorney · To be represented byto comply. employed by you; · To have a speedy and public trial; · To testify, Witness, Honorable and to use court orders without cost to compel one of the Justices witnesses and the to present evidence, , the attendance of of the production of evidence on your behalf; Court in day under oath in court, and to question such witnesses; , 20 · To have the witnessesCounty, you testifyof against · To remain silent and not testify and not incriminate yourself. By filing a declaration in a trial by written declaration, you are waiving and givingsign above and type name below) (Attorney must up the rights to remain silent and not to incriminate yourself.

Attorney(s) for

Office and P.O. Address

Form Adopted by the Judicial Council of California TR-200 [New January 1, 1999]

INSTRUCTIONS TO DEFENDANT

Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.:

Vehicle Code, § 40902

(Trial by Written Declaration--Traffic)

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