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What is a declaration in a trial?

In a trial by declaration, you send in a written statement, along with any evidence you have, to the court to explain what happened. You generally also send in payment. The officer who wrote the ticket then gets a chance to send in their own written statement. A judge then reviews both and mails you a decision.

How to do a trial by declaration in California?

How to have a trial by declaration Get instructions from your Notice or the court. Fill out court form and attach evidence. Pay your fine (bail) Send the form, evidence, and payment to the court. Court gets statement from officer. Get the decision.

Are declarations admissible at trial California?

(b) Form, format, and content of declarations (2) A declaration must be based on personal knowledge and explain how the person has acquired that knowledge. The statements in the declaration must be admissible in evidence.

What happens if you lose a trial by declaration?

If you lose the trial by declaration, you have the right to request a trial de novo, essentially starting over with an in-person trial. While this gives you a second chance, it also means youve lost valuable time and might have to repeat the stressful process.

What type of evidence is generally not admissible at trial?

Hearsay is generally not admissible under Evidence Code 1200 EC unless it falls into one of the numerous exceptions to the rule. The description of hearsay is straightforward. Its a statement made by someone other than the testifying witness that is offered to prove the truth.

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