When to File Form TR002 in Traffic Court

Read carefully about TBD and CRC 4.210 http://helpigotaticket.com/declar/request.html

Then, write to the clerk, highlighting the part they are having trouble with. If you can't get it fixed at that point, then write the Presiding Judge. If that doesn't work, then write the California Commission on Judicial Performance.

Some clerks (and courts) in California don't follow the California Rules of Court, even though those rules are applicable in ALL California Courts. In some situations, local procedures and forms that don't contravene the statewide rules are allowed.

If the clerk and the presiding judge and the commission all don't care about this, you're pretty much screwed.

Thanks for your advices!
I'm going to go to the court at Monday and provide all papers to clerk in person. I think they don't have any right to cancel my TBD process as they've received my written request 8 days before Due Date.
Btw the "Notice To Appear" form received from police officer (SFPD) contains this text on a backside:

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b. (Trial by written declaration(traffic infraction)) Send a certified or registered letter postmarked not later than five days prior to the appearance date or come to the court on or before the appearance date to request a trial by written declaration. Submit the bail amount. You will be given forms to allow you to write a statement and to submit other evidence...

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For me this text is same as 4.210, so strange they are not following rules they are providing to drivers.

Of course if they deny my TBD I have to write to Presiding Judge etc they simply will not leave me other choices, I'm not going to pay $300 civil assessment and other fines just because some clerk in not following basic rules.

Quote:

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Quoting Mr. Knowitall

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Obviously not, but if you were more familiar with local practice you wouldn't have been so confused.

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Since the local form is illegal in California, confusion is the correct reaction.

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Quoting robert1307

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Thanks for your advices!
I'm going to go to the court at Monday and provide all papers to clerk in person. I think they don't have any right to cancel my TBD process as they've received my written request 8 days before Due Date.
Btw the "Notice To Appear" form received from police officer (SFPD) contains this text on a backside:



For me this text is same as 4.210, so strange they are not following rules they are providing to drivers.

Of course if they deny my TBD I have to write to Presiding Judge etc they simply will not leave me other choices, I'm not going to pay $300 civil assessment and other fines just because some clerk in not following basic rules.

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You shouldn't blame that on "some clerk." That's probably how they're all doing it around there, and it is done in other courthouses where they don't follow the rules. And, that's how they've been trained to do things. If you have forms like TR002 that clearly violates CRC 4.210, that presumably were approved by judges in the Superior Court, there are big problems in the court system. Fortunately, the illegal Form TR002 doesn't apply in your county.

Certainly, the Judicial Council could have done a better job in framing the rules, but the rules are clear enough that someone who cares to follow them can do so.

My prediction is that you're so upset about this whole issue that you'll get nowhere. You need to adjust your attitude to be calm, respectful, and persistent when you visit the court. Otherwise, you risk upsetting the other person involved to the point that even if you convince them they're wrong, they'll stick to their position.

I was in a court today, calm and respectful as I usually am.
As a result - they accepted all my paperwork without a second word.
I made a mistake reading negative experience of others on this forum and calling to courts' "hot line", what I should (and recommend others) to do instead - do not call anywhere, just relax and wait mail with forms from the court (it should come within 15-18 days from the moment they receive your written request).