What is a Trial by Written Declaration?
A Trial by Written Declaration is a procedure whereby, instead of going to court for a trial on your citation, you mail or bring in a written statement on a Trial by Written Declaration form explaining the facts of your case and why you think the court should rule in your favor. You may also include any documentary evidence you feel is helpful. The officer who issued the citation will also be asked to submit a written statement. In order to proceed via Trial by Written Declaration, you must waive your rights to appear, to testify in person, and to subpoena witnesses. The court will issue a ruling based solely on the submitted documentation. You must also include a written declaration stating to the Court that you wish to plead NOT GUILTY, in addition to the Judicial Council Trial By Declaration form and any documentary evidence you wish the Court to consider. You will be required to deposit the bail amount in advance at the time you submit the Trial by Written Declaration. If you are f
A Trial by Written Declaration is a procedure whereby, instead of going to court for a trial on your citation, you mail or bring in a written statement on a Trial By Written Declaration form explaining the facts of your case and why the court should rule in your favor. You may also include any documentary evidence you feel is helpful. The officer who issued the citation will also be asked to submit a written statement. In order to proceed via Trial by Written Declaration, you must waive your rights to appear, to testify in person, and to subpoena witnesses. The court will issue a ruling based solely upon the submitted documentation. You will be required to deposit the bail amount in advance at the time you submit the Trial by Written Declaration. If you are found guilty, your bail deposit will be applied toward the fine, if one is imposed. If the fine is suspended or if you are found not guilty, your bail will be refunded by mail to the address listed on the case, usually within four w
You can appear at your arraignment in court and request a trial by written declaration or you can telephone the court ahead of time and request a trial by written declaration form. Fill out the form with a check for the bail amount and mail it back to the court before the due date. The form is also available on line and can be filled out at www.courtinfo.ca.gov/forms/fillable/tr205.pdf.
