Pay attention to the deadlines included in your instructions for a trial by declaration or affidavit.You should use certified mail with returned receipt requested so you have notice when your paperwork is received. Although you can always file your declaration or affidavit by taking it to the clerk's office personally, you typically also have the option of mailing it.Once you've completed all your forms, you must send them to the clerk of court together with any evidence you want the court to review. X Research sourceįile your declaration or affidavit. You also may be required to include a long-form written statement in which you describe the incident that led to your citation in your own words.For example, if you have drawn a diagram that demonstrates the officer who issued your citation did not have an unobstructed view of your car before he pulled you over, you could include that with your declaration. This includes anything you would present at trial. You usually may attach any documentary evidence you want the court to consider, such as photographs or written testimony from witnesses.Your form typically will include a statement that you have waived your right to appear in person at trial and submit your evidence to the court personally.Include your citation number and your case name and number in the subject line of your letter. As with your letter pleading not guilty, use standard business format. If your jurisdiction doesn't have any forms available, you can write an additional letter to the clerk containing your declaration.If you have witnesses, you typically can get them to submit affidavits as well, which you will submit together with your own declaration as evidence in your defense. ![]()
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