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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