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The TR-220 form plays a crucial role in the California judicial system, specifically for individuals seeking to contest traffic violations through a process known as a trial de novo. This form is utilized after a driver has received a court’s decision via a trial by written declaration, which typically outlines the outcome of their traffic case. If a person disagrees with this decision, they can submit the TR-220 form to formally request a new trial within a specific timeframe. It is important to act quickly; the completed form must reach the court within 20 days from the date the clerk mailed the decision. Additionally, the TR-220 requires individuals to specify the violations they are contesting, ensuring the court has all necessary information to review the case effectively. Protecting your privacy is also a consideration with this form; after filling out and printing the document, you are encouraged to use the "Clear This Form" button to erase your data from the screen. Overall, understanding how to properly utilize the TR-220 is essential for those looking to challenge traffic violations and navigate the legal system effectively.

Tr 220 Example

TR-220

 

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

 

 

 

 

 

 

PEOPLE OF THE STATE OF CALIFORNIA

 

end of the form when finished.

 

 

 

 

 

 

vs.

 

 

 

 

DEFENDANT:

 

 

 

 

 

 

 

 

 

REQUEST FOR NEW TRIAL (TRIAL DE NOVO)

 

 

 

 

(Trial by Written DeclarationVehicle Code, § 40902)

 

 

 

 

 

 

 

 

 

 

 

CITATION NUMBER:

1. The clerk mailed the court'sDecision and Notice of Decision (form TR-215) in my

 

 

 

 

CASE NUMBER:

 

trial by written declaration to me on (date):

 

 

 

2.I am submitting this request to the court within 20 days of the date in item 1. (The court must receive this request within 20 days of the date in item 1.)

3.I am dissatisfied with the court's decision. I request a new trial (trial de novo) for the following violations(specify):

Date:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(TYPE OR PRINT NAME)

(SIGNATURE)

IF YOU WISH TO REQUEST A NEW TRIAL, YOU MUST SUBMIT A REQUEST FOR NEW TRIAL (TRIAL DE NOVO) WITHIN 20 DAYS OF THE DATE STATED IN THE CLERK'S CERTIFICATE OF MAILING (see item 1 above).

Form Adopted by the

REQUEST FOR NEW TRIAL (TRIAL DE NOVO)

Judicial Council of California

 

(Trial by Written DeclarationTraffic)

 

TR-220 [New January 1, 1999]

 

 

For your protection and privacy, please press the Clear This Form

 

 

 

 

button after you have printed the form.

 

 

Save This Form

 

Print This Form

Vehicle Code, § 40902

Clear This Form

Form Characteristics

Fact Name Details
Purpose The TR-220 form is used to request a new trial, known as a trial de novo, specifically in cases related to traffic violations.
Filing Deadline The request for a new trial must be submitted within 20 days from the date the court's decision was mailed to the individual.
Governing Law This form is governed by the California Vehicle Code, specifically § 40902.
Form Origin The TR-220 form was adopted by the Judicial Council of California. Its current version has been in use since January 1, 1999.
Privacy Precautions For the protection of personal information, users are urged to clear the form after printing.
Signature Requirement The individual requesting the trial must sign the form, confirming their dissatisfaction with the court's decision.
Decision Notification The court's decision and notice are communicated through a separate form, TR-215, which the clerk must mail to the individual.
Submission Method The completed TR-220 form must be submitted directly to the court as part of the process to initiate a new trial.

Guidelines on Utilizing Tr 220

To submit a request for a new trial using the TR 220 form, follow these detailed steps. Ensure all required information is accurately completed to avoid any delays in processing. After filling out the form, consider pressing the "Clear This Form" button to protect your privacy.

  1. Obtain the TR 220 form. You can find it on the California courts' website or request a copy at the courthouse.
  2. In the section labeled NAME OF COURT, enter the name of the court handling your case.
  3. Fill in the STREET ADDRESS and MAILING ADDRESS of the court.
  4. Provide the CITY AND ZIP CODE where the court is located.
  5. Input the BRANCH NAME of the court, if applicable.
  6. Write the DEFENDANT name as it appears on any legal documents.
  7. Enter your CITATION NUMBER, which is typically found on the ticket or legal notice you received.
  8. In the CASE NUMBER field, fill in your specific case number.
  9. Indicate the date you received the Decision and Notice of Decision (form TR-215) in item 1.
  10. Confirm that you are submitting the request within 20 days of the date mentioned in item 1.
  11. In the section for dissatisfaction with the court's decision, specify the violations and reasons clearly.
  12. At the bottom of the form, type or print your name and sign it.
  13. After completing, review all entered information for accuracy.
  14. Press Clear This Form to maintain your privacy before printing the form. Then, print the form.

Once you have completed the TR 220 form, submit it to the appropriate court office within the specified time frame. Be sure to keep a copy for your records.

What You Should Know About This Form

What is the TR-220 form?

The TR-220 form is a legal document used in California courts to request a new trial, also known as a trial de novo, after a trial by written declaration. This form specifically pertains to cases regarding traffic violations under the Vehicle Code, § 40902.

What information do I need to fill out on the TR-220 form?

You will need to provide several details, including the name of the court, the citation number, your case number, and the date you received the court’s decision. Additionally, you'll need to specify the violations for which you are requesting a new trial. Make sure all information is accurate and complete.

How long do I have to submit the TR-220 form?

You must submit the TR-220 form within 20 days from the date stated on the clerk's certificate of mailing, which is mentioned in item 1 of the form. It is essential to adhere to this timeline to ensure your request is considered.

What happens after I submit the TR-220 form?

Once you submit the form, the court will review your request for a new trial. They will set a new date for the trial, and you will be notified of the details. It's important to be prepared to present your case again at the new trial.

Can I request a new trial for any type of violation?

The TR-220 form specifically applies to traffic violation cases adjudicated via written declaration. Other types of cases or different circumstances may require different forms or procedures. Confirm the appropriateness of this form for your specific violation.

What should I do if I am dissatisfied with the court’s decision?

If you are unhappy with the court’s decision, you may complete and submit the TR-220 form to officially express your discontent and request a new trial. Clearly state the reasons for your dissatisfaction in the appropriate section of the form.

Where do I submit the TR-220 form?

The completed TR-220 form should be submitted to the clerk of the court indicated at the top of the form. Ensure you submit it at the correct location to avoid any delays in processing your request.

Can I represent myself in the new trial?

Yes, you can represent yourself in the trial de novo. However, it is advisable to prepare adequately and consider seeking legal advice or assistance if you are unsure about how to present your case effectively.

Is there a fee to submit the TR-220 form?

There may be fees associated with submitting the TR-220 form, similar to other court filings. It’s best to check with your court’s clerk or website for specific fee information and payment methods.

What is the importance of pressing the "Clear This Form" button?

This instruction is included for your protection and privacy. Pressing the "Clear This Form" button after printing helps prevent any unintended disclosure of sensitive personal information. Always remember to safeguard your information.

Common mistakes

Filling out the TR-220 form can be a straightforward process, but many people make common mistakes that can lead to delays or complications. Avoiding these pitfalls can help streamline your request for a new trial.

One frequent error is not submitting the form within the specified timeframe. The form clearly states that you must submit your request within 20 days of receiving the court’s Decision and Notice of Decision. Failure to adhere to this timeline can result in the court rejecting your request, leaving no recourse for appeal.

Another common mistake involves incomplete information. Individuals often neglect to fill in all required fields, such as the citation number or case number. Omitting this crucial data can prevent the court from properly processing your request. It is essential to review the form and ensure that every line is filled out accurately.

A third issue arises when people fail to specify the violations for which they are requesting a new trial. The section asking for a detailed explanation should not be overlooked. Without clearly stating the reasons for dissatisfaction with the court's decision, your request may lack the necessary context for consideration.

Some individuals skip the signature requirement. It's important to sign and date the form; a missing signature could cause the request to be deemed invalid. Make sure to double-check that you have signed your name where indicated before submitting.

Additionally, not keeping a copy of the completed form can lead to problems later on. It’s always wise to retain a copy for your records. This can be helpful if any issues arise regarding your case or if you need to reference the original request.

Finally, many forget about ensuring their contact information is correct. If the court needs to reach you for any reason, having an invalid mailing address can hinder communication. Always verify that the address you provide is current and correct to avoid any issues.

Attention to these details can make a significant difference in the outcome of your request. By being mindful of these common mistakes, you can enhance the likelihood of a smooth and successful filing process.

Documents used along the form

The TR-220 form is used in the state of California for individuals seeking a new trial following a decision made through a trial by written declaration. Several additional forms and documents complement this request, facilitating various procedural aspects of the traffic court system. Below is a list of other related forms that may often accompany the TR-220.

  • TR-215: Decision and Notice of Decision - This document informs the requester of the court's decision regarding the original trial by written declaration. It includes details about the outcome and any penalties imposed.
  • TR-210: Request for Trial by Written Declaration - This form is used to initiate a trial by written declaration. It allows individuals to contest a traffic violation without appearing in person.
  • TR-200: Notice of Appeal - Used for filing an appeal against a decision made in traffic court, this form lays the groundwork for further judicial review if the request for a new trial is denied.
  • TR-180: Statement of Mitigation or Culpability - This form allows individuals to present mitigating circumstances or explanations regarding their actions leading to the traffic violation during their initial declaration.
  • TR-230: Request for Court Date - This document is used to formally request a scheduled court date after submitting a TR-220 form, especially if the individual prefers a hearing rather than a continued written declaration process.
  • TR-260: Proof of Completion of Traffic School - If a defendant completes a traffic school course as part of their compliance or settlement, this form serves as proof for the court, potentially aiding in the reduction of penalties.
  • TR-240: Request to Contempt Hearings - This form is for defendants wishing to contest contempt charges related to failure to pay fines or comply with prior court orders in traffic cases.
  • TR-250: Notice of Intent to Appear for Trial - This document is used to inform the court and the other party of a defendant's intention to appear in person for the new trial after having submitted a TR-220 form.
  • TR-280: Application for Waiver of Court fees - If an individual is unable to afford court fees, this form requests a waiver based on financial hardship, applicable when pursuing any legal related traffic matter.

Understanding these accompanying forms can enhance navigation through the court process following a traffic violation in California. Each document plays a distinct role and collectively supports a comprehensive approach to seeking justice.

Similar forms

  • TR-215: Notice of Decision - This form is related to the decision from a trial by written declaration. Like the TR-220, it focuses on notifying the defendant about the court's ruling and is essential for understanding the basis for requesting a new trial.
  • TR-210: Traffic Court Trial by Written Declaration - Similar to TR-220, this form initiates the process of a traffic trial by written declaration. Both forms require completion and submission to ensure the defendant's arguments are considered.
  • TR-230: Request for Rehearing - This form allows for a rehearing of previously decided cases, much like the TR-220 requests a new trial. Any dissatisfaction with an earlier decision can lead to a request for reconsideration.
  • TR-240: Motion to Vacate Judgment - This document seeks to undo a court's judgment. The intention is similar to that of TR-220, where the requester seeks a different outcome for their case.
  • TR-250: Notice of Appeal - When a party wishes to contest a ruling, this form is essential. Though it serves a different purpose, both documents emphasize the right to challenge unfavorable decisions.
  • TR-222: Application for Waiver of Court Fees - Although focused on fee waivers, this form shares the context of submitting forms to the court. Access to legal recourse, like seeking a new trial, may depend on affordability.
  • TR-300: Stipulation and Order - This document can indicate agreement between parties to modify a court order. Like the TR-220, it reflects the ongoing interactions between legal parties in pursuing favorable outcomes.
  • TR-232: Statement of Information - This document is essential for providing the court with updated information about a party's circumstances. Transparency aligns with the intent of the TR-220 to present dissatisfaction clearly.
  • TR-260: Motion to Set Aside Default - This motion allows a party to contest a default judgment, akin to seeking a new trial via TR-220. Both forms address the need for fairness in legal proceedings.

Dos and Don'ts

When completing the TR-220 form, follow these guidelines to ensure accuracy and compliance with court requirements.

  • Do read the instructions carefully before starting.
  • Do submit your request within 20 days after receiving the court's decision.
  • Do clearly specify the reasons for your dissatisfaction with the court's decision.
  • Do print or type your name legibly to avoid confusion.
  • Don't leave any required fields blank; complete all sections.
  • Don't forget to sign the form before submitting it.
  • Don't use any correction fluid or tape; instead, neatly strike through errors and initial them.

Following these steps will help streamline the process and ensure your request is properly submitted.

Misconceptions

  • Misconception: The TR-220 form is only for serious traffic violations. The TR-220 form can be used for various traffic-related offenses. It is not limited to serious violations.
  • Misconception: You have 30 days to submit the form after receiving the decision. The form must be submitted within 20 days of receiving the court's decision, not 30 days.
  • Misconception: You need an attorney to fill out the TR-220 form. Individuals can complete this form without the assistance of an attorney. The instructions are straightforward.
  • Misconception: Submitting the TR-220 form guarantees a new trial. Requesting a new trial does not guarantee approval. The court will review the request based on its merits.
  • Misconception: You cannot contest the decision if you did not attend the initial trial. You can request a new trial even if you did not attend the initial hearing. The process still allows for this option.
  • Misconception: The TR-220 form affects your driving record. Submitting this form does not automatically change your driving record. The outcome of the new trial will determine any changes.
  • Misconception: There is a fee to submit the TR-220 form. There is typically no filing fee associated with the submission of the TR-220 form for a request for new trial.

Key takeaways

Here are some key takeaways regarding the TR-220 form for requesting a new trial in California:

  • Timeliness is crucial: Submit your request for a new trial within 20 days from the date you receive the court's decision. If the court does not receive your request within this timeframe, you may lose your opportunity for a new trial.
  • Clearly specify violations: When filling out the form, be specific about the violations you are contesting. Provide detailed explanations to strengthen your case.
  • Protect your privacy: After completing and printing the form, use the "Clear This Form" button. This action helps ensure that your personal information is not visible to others.
  • Keep copies: It’s wise to keep a copy of your completed TR-220 form and any correspondence with the court for your records.