Form TR-205 "Request for Trial by Written Declaration" - California

What Is a TR-205 Form?

Form TR-205, Request for Trial by Written Declaration, is a California State document to request a defendant to challenge traffic infraction citations, or a violation of a local ordinance adopted under the Vehicle Code, in writing, without having to appear in person at court. You can request this "trial by written declaration" unless you were issued a ticket for an offense involving alcohol or drugs or the violation requires a mandatory appearance in court. Additional eligibility requirements include:

  • You were issued a ticket for infraction violations only;
  • the due date to take care of your ticket has not passed;
  • Your ticket or courtesy notice does not say that you must appear in court.

By submitting a TR-205 Form, you are waiving and giving up the rights to remain silent and not incriminate yourself, and the right to a public and speedy trial.

How to Get a Form TR-205?

Form TR-205 was released by the California Courts, the judicial branch of California. The latest version of the form was issued in January 1999. A fillable Form TR-205 is available below.

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Download Form TR-205 "Request for Trial by Written Declaration" - California

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TR-205
NAME OF COURT:
FOR COURT USE ONLY
STREET ADDRESS:
To keep other people from
MAILING ADDRESS:
seeing what you entered on
CITY AND ZIP CODE:
your form, please press the
BRANCH NAME:
Clear This Form button at the
end of the form when finished.
PEOPLE OF THE STATE OF CALIFORNIA
vs.
DEFENDANT:
REQUEST FOR TRIAL BY WRITTEN DECLARATION
(Vehicle Code, § 40902)
Short Title:
Docket No.
CITATION NUMBER:
TO BE FILLED OUT BY COURT CLERK
NOTICE OF APPEARANCE
CASE NUMBER:
Appearance for (provide name of party):
A.
DUE DATE (for receipt of this form and any unpaid bail) (specify):
Status of Party:
(
)
(
)
Appellant/Petitioner
Cross-Appellee/Cross Respondent
(
)
(
)
Appellee/Respondent
Intervenor
B.
Bail amount required: $
(
)
(
)
Cross-Appellant/Cross-Petitioner
Amicus Curiae
(
)
Other (Specify):
C.
Bail amount already deposited by defendant: $
(
)
An attorney will argue this appeal.
<
Name of attorney who will argue appeal, if other than counsel of record:
D.
Date mailed or delivered by clerk:
<
Date of arguing attorney’s admission to this Court (month, day, year):
<
Other Federal/State Bar admissions: (month, day, year):
E.
Mail or deliver completed form, evidence, and mail to the Clerk of the (specify):
Court at (mailing address):
(
)
I am a pro se litigant who is not an attorney.
(
)
I am an incarcerated pro se litigant.
TIME REQUEST
(
)
Oral argument is not desired.
(
)
Oral argument is desired. Party requests
minutes or multi-co-parties
request a total of
minutes to be apportioned as follows:
REQUEST FOR TRIAL
If more than 20 minutes per side is requested, set forth reasons:
1.
I have reviewed the Instructions to Defendant (Trial by Written Declaration) (form TR-200).
AVAILABILITY OF COUNSEL/PRO SE LITIGANT
2.
I request to have a trial by written declaration.
I understand that the person who will argue the appeal must be ready at any time during or after the week of argument
which appears on the scheduling order.
3.
The facts contained in the Declaration of Facts on the reverse are personally known to me and are true and correct.
(
)
I know of no dates which would be inconvenient.
(
)
I request that the argument of this appeal not be calendared for the following dates, which are inconvenient. I have
included religious holidays.
4.
I know that I have the right not to be compelled to be a witness against myself. I understand and agree that by making any
statement, I am giving up and waiving that right and privilege.
COUNSEL OR PRO SE LITIGANT MUST ADVISE THE COURT IN WRITING OF ANY CHANGE IN AVAILABILITY. FAILURE
TO DO SO MAY BE CONSIDERED BY THE COURT IN DECIDING MOTIONS FOR ADJOURNMENT BASED ON
5.
EVIDENCE The following evidence supports my case and includes everything I want the court to consider in deciding my case:
UNAVAILABILITY.
a.
photographs (specify total number):
e.
diagram
b.
medical record
f.
car repair receipt
RELATED CASES
c.
registration documents
g.
insurance documents
(
)
This case has not been before this Court previously.
d.
inspection certificate
h.
other (specify):
(
)
This case has been before this Court previously. The short title, docket number and citation are:
(
)
Matters related to this appeal or involving the same issue have been or presently are before this Court. The short
titles, docket numbers and citations are:
Signature of counsel of record or pro se litigant:
Signature of counsel who will argue
the appeal, if different:
Type or Print Name
Type or Print Name
Name of Firm:
Address:
(Declaration continued on reverse)
Telephone:
Date:
Telephone:
Date:
Form Adopted by the
REQUEST FOR TRIAL BY WRITTEN DECLARATION
Vehicle Code, § 40902
Judicial Council of California
July 2000
(Trial by Written Declaration
Traffic)
American LegalNet, Inc.
www.USCourtForms.com
TR-205 [New January 1, 1999]
TR-205
NAME OF COURT:
FOR COURT USE ONLY
STREET ADDRESS:
To keep other people from
MAILING ADDRESS:
seeing what you entered on
CITY AND ZIP CODE:
your form, please press the
BRANCH NAME:
Clear This Form button at the
end of the form when finished.
PEOPLE OF THE STATE OF CALIFORNIA
vs.
DEFENDANT:
REQUEST FOR TRIAL BY WRITTEN DECLARATION
(Vehicle Code, § 40902)
Short Title:
Docket No.
CITATION NUMBER:
TO BE FILLED OUT BY COURT CLERK
NOTICE OF APPEARANCE
CASE NUMBER:
Appearance for (provide name of party):
A.
DUE DATE (for receipt of this form and any unpaid bail) (specify):
Status of Party:
(
)
(
)
Appellant/Petitioner
Cross-Appellee/Cross Respondent
(
)
(
)
Appellee/Respondent
Intervenor
B.
Bail amount required: $
(
)
(
)
Cross-Appellant/Cross-Petitioner
Amicus Curiae
(
)
Other (Specify):
C.
Bail amount already deposited by defendant: $
(
)
An attorney will argue this appeal.
<
Name of attorney who will argue appeal, if other than counsel of record:
D.
Date mailed or delivered by clerk:
<
Date of arguing attorney’s admission to this Court (month, day, year):
<
Other Federal/State Bar admissions: (month, day, year):
E.
Mail or deliver completed form, evidence, and mail to the Clerk of the (specify):
Court at (mailing address):
(
)
I am a pro se litigant who is not an attorney.
(
)
I am an incarcerated pro se litigant.
TIME REQUEST
(
)
Oral argument is not desired.
(
)
Oral argument is desired. Party requests
minutes or multi-co-parties
request a total of
minutes to be apportioned as follows:
REQUEST FOR TRIAL
If more than 20 minutes per side is requested, set forth reasons:
1.
I have reviewed the Instructions to Defendant (Trial by Written Declaration) (form TR-200).
AVAILABILITY OF COUNSEL/PRO SE LITIGANT
2.
I request to have a trial by written declaration.
I understand that the person who will argue the appeal must be ready at any time during or after the week of argument
which appears on the scheduling order.
3.
The facts contained in the Declaration of Facts on the reverse are personally known to me and are true and correct.
(
)
I know of no dates which would be inconvenient.
(
)
I request that the argument of this appeal not be calendared for the following dates, which are inconvenient. I have
included religious holidays.
4.
I know that I have the right not to be compelled to be a witness against myself. I understand and agree that by making any
statement, I am giving up and waiving that right and privilege.
COUNSEL OR PRO SE LITIGANT MUST ADVISE THE COURT IN WRITING OF ANY CHANGE IN AVAILABILITY. FAILURE
TO DO SO MAY BE CONSIDERED BY THE COURT IN DECIDING MOTIONS FOR ADJOURNMENT BASED ON
5.
EVIDENCE The following evidence supports my case and includes everything I want the court to consider in deciding my case:
UNAVAILABILITY.
a.
photographs (specify total number):
e.
diagram
b.
medical record
f.
car repair receipt
RELATED CASES
c.
registration documents
g.
insurance documents
(
)
This case has not been before this Court previously.
d.
inspection certificate
h.
other (specify):
(
)
This case has been before this Court previously. The short title, docket number and citation are:
(
)
Matters related to this appeal or involving the same issue have been or presently are before this Court. The short
titles, docket numbers and citations are:
Signature of counsel of record or pro se litigant:
Signature of counsel who will argue
the appeal, if different:
Type or Print Name
Type or Print Name
Name of Firm:
Address:
(Declaration continued on reverse)
Telephone:
Date:
Telephone:
Date:
Form Adopted by the
REQUEST FOR TRIAL BY WRITTEN DECLARATION
Vehicle Code, § 40902
Judicial Council of California
July 2000
(Trial by Written Declaration
Traffic)
American LegalNet, Inc.
www.USCourtForms.com
TR-205 [New January 1, 1999]
PEOPLE v. DEFENDANT (Name):
CASE NUMBER:
6.
DECLARATION OF FACTS (Type or print only. State what happened and explain all the items of evidence you checked in item 5
on the reverse and tell how they support your case. You may add additional pages.)
(Name):
(Current mailing address):
STATEMENT OF FACTS (begin here):
7.
Number of pages attached:
_____
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(TYPE OR PRINT NAME)
(SIGNATURE)
TR-205 [New January 1, 1999]
REQUEST FOR TRIAL BY WRITTEN DECLARATION
Page two
(Trial by Written Declaration
Traffic)
For your protection and privacy, please press the Clear
Print This Form
Clear This Form
This Form button after you have printed the form.
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How to Fill Out Form TR-205?

Follow these steps to complete Form TR-205:

  1. Enter the name, mailing address, city, and zip code of the applicable court. This court information can be found at the bottom of your citation. If there are multiple addresses, look for the addresses corresponding with the checked box.
  2. Below the court information, enter your name next to 'Defendant'.
  3. Enter your citation number in the applicable box. The citation number is located on the upper right-hand corner of your citation. If you know your case number, you can enter this in the applicable box also.
  4. Do not enter any other information on the first page, this is for the court to complete.
  5. At the top of the second page, enter again your name and case number, if you know your case number.
  6. Under 'Declaration of Facts' enter your name and mailing address in the applicable spaces.
  7. Under 'Statement of Facts' explain the reasons for which you believe the ticket should be dismissed. The explanation should be clearly written with factual, technical or legal arguments to justify the dismissal of the ticket. It is also important for the defendant to address the issue based on the method of enforcement (officer issued or red-light camera for example)
  8. Enter your name and sign your name at the bottom in the applicable spaces.
  9. Complete a check or money order, not cash, in the amount of the bail payment. This amount is shown on your courtesy notice or provided by the clerk.
  10. Mail by the due date your completed Form TR-205 along with your bail payment to the court address on the citation. You will get the court's decision by mail telling you whether you were found guilty or not guilty. If you are not satisfied with the court's decision, you can ask for a new trial (called a "trial de novo") in court.
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