What is the procedure for a trial by written declaration?
Here is a checklist for having a trial by written declaration.
- Fill out your court forms. Fill out the Request for Trial by Written Declaration (form TR-205
). Attach a written statement of what happened and make sure to include details. If you are going to attach evidence like photographs or diagrams, explain in your written statement what evidence you are attaching.
- For your written statement you can use a form called Declaration (form MC-030) and, if you need more room to complete your statement, a form called Attached Declaration (form MC-031). If you do not use these forms, make sure you write, at the end of your statement: "I declare under penalty of perjury under the laws of the State of California that this statement is true and correct." Print your name, and sign and date the statement. You can also use these forms if you have witnesses that want to write statements. Your witnesses’ statements must also be signed under penalty of perjury.
- For your written statement you can use a form called Declaration (form MC-030
- Enclose your bail payment. You must include payment of your bail amount (which is the amount shown on your courtesy notice or provided by the clerk) with your Request for Trial by Written Declaration (form TR-205). Use a check or money order. Do not send cash.
- Make an extra copy of all your forms. These copies are for your records. If you prepare your statement without using a court form, make sure to keep at least one copy of it. And keep a copy of any statements made by your witnesses. Keep your paperwork in a safe place.
- Mail the original of your forms to the court clerk by the due date. Mail the signed Request for Trial by Written Declaration, your statement(s), and any evidence to the court clerk.
- The police officer will provide a written statement. When the clerk receives your Request for Trial by Written Declaration, the clerk will let the police officer who issued your citation know. The officer will then have the opportunity to submit a declaration about the citation by the due date.
- The court will make a decision by a specific due date. A judicial officer will review the papers filed by you and the officer, and make a decision on your case. You will get the court’s decision by mail telling you whether you were found guilty or not guilty.
