TR 200 INSTRUCTIONS TO DEFENDANT (Trial By Written Declaration—Traffic) TR200
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COURT COUNTY OF ...................................................... : INSTRUCTIONS TO TR-200 Index No. DEFENDANT (Trial by Written Declaration) : (Vehicle Code, § 40902) Calendar No. : JUDICIAL SUBPOENA 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) : . . . . . with . . . . your . . . . request. . . . . . . . Your . . . . .written . . . . . statement . . . . . . . . .must . . . . include . . . . . . .the . . .following . including 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"). THEthe PEOPLE OF and THEsigned STATE OF NEW YORK 2. Return completed 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 clerk by the due date indicated. (See item A on the request form for the due date.) If the clerk receives the form 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 WE COMMAND YOU, thatdecision. all business and excuses being laid aside, you and each of you attend before the Honorable at the Court 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 of file the Request for New trial,County you must Trial (Trial de Novo) (form TR-220) within 20 days after the date the court's in room , on the day of , 20 , at o'clock in the noon, and at any recessed decision was mailed to you. 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 Yourtofailure comply this subpoena punishable as a contempt court and willdeclaration. make you liable also have a right a newto trial if you with are dissatisfied withisthe court's decision in yourof trial by written At a to thetrial party whose behalf thisrights: subpoena was issued for a maximum penalty of $50 and all damages sustained as a court youon have the following result of your failure • To be represented byto ancomply. attorney employed by you; • To have a speedy and public trial; • To testify, Witness, to presentHonorable evidence, and to use court orders without cost to compel, one the of attendance of witnesses and the the Justices of the production of evidence on your behalf; Court in the witnessesCounty, day ofunder oath in court, , 20 and to question such witnesses; • To have against you testify • To remain silent and not testify and not incriminate yourself. By filing a declaration in a trial by written declaration, you are waiving and giving up above the rights to name remain silent and not (Attorney must sign and type below) 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] Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: INSTRUCTIONS TO DEFENDANT (Trial by Written Declaration—Traffic) Vehicle Code, § 40902 American LegalNet, Inc. www.USCourtForms.com ,
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