Request for New Trial After TBD In Absentia (V2.0)
This self help form is designed for a California Traffic Ticket case where the defendant has missed a court date, and the court elected to treat that FTA as a request for trial by declaration in absentia.
The law allows a defendnat to Request a New Trial (trial de novo) after losing a Trial By Declaration if the request is timely. Specifically, CA Vehicle Code sec 40902(d) allows a defendant to request a "Trial De Novo" to get a trial in person after losing a trial by declaration.
This Form contains prewritten legal argument stating that the Defendant did not get proper notice of the court's decision, and is entitled to a new trial even if the request is late. It comes with every legal argument Attorney Christopher Dort could come up with using 15+ years criminal defense experience. Created by the editor of www.TrafficCourtPros.com.
Designed to preserve issues for appeal if it is denied, and you want to keep fighting.
"This is the same form I would use to Request a Trial De Novo after a Client loses a Trial By Declartion - with or without a failure to appear." - Attorney Christopher Dort
File as is, or use as a guide for your own ideas. (A blank Request for Trial De Novo Form without legal arguments or suporting declaration is avail at http://www.courtinfo.ca.gov/forms/)
Price includes CA Sales Tax.