What are the differences between Trial By Written Declaration and Trial By Affidavit and Affidavit of Defense ?
While the Trial By Affidavit and the Affidavit of Defense are the same, they can be distinguished from the Trial By Written Declaration as follows: * Trial By Affidavit and the Affidavit of Defense require the Defendant to, explicitly, waive the right to have testimony presented in open court which is to waive the right to testify or cross-exam any witnesses (including the Officer). * Trial By Affidavit and the Affidavit of Defense’s waiver form and Defendant’s Affidavit require to be signed in front of a Public Notary or a Deputy Court Administrator. * While the Trial By Written Declaration also, implicitly, waived the right of the Defendant to have testimony presented in open court, the Defendant may later request for Trial de Novo where the Defendant may testify or cross-exam any any witnesses (including the Officer).
