A written trial by declaration is a procedure where, instead of going to court for a trial on your citation, you mail or bring in a written statement on a Trial By 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 might also be asked to submit a written statement. You must waive your rights to appear, to testify in person, and to subpoena witnesses.
You will be asked to deposit the bail amount in advance at the time you request a trial by declaration.
If the Court finds you guilty, you may request a court trial. This request must be in writing and must be received by the Clerk's Office within 20 days of the date of mailing the Court's decision.
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 is usually refunded to you by mail within six to eight weeks to the address listed on the case.
Please read the Trial by Declaration "Instructions to Defendant." This information, as well as the Trial by Declaration form and the Request for New Trial (Trial De Novo) forms, can be found on the
California State Judicial Council's web site. Look under the subheading of "Traffic Infractions." You must have Adobe Acrobat Reader to read/print these forms. If you do not have Adobe Acrobat Reader, you may download the application for free from
Adobe's Web Site.
There are three alternatives to signing up for Written Trial by Declaration:
- On this site.
- By telephone.
- In person at the Court location marked on your citation