What is a TR 220 Form for a New Trial in California?

Definition and Meaning of TR 220 Form

The TR 220 form, also known as the "Request for New Trial (Trial De Novo)," is a legal document used in California courts. This form allows an individual to formally request a new trial after a judgment has been made in a traffic or infraction case. The purpose of the TR 220 form is to challenge the previous ruling by presenting new evidence, addressing legal errors, or highlighting procedural issues that may have affected the outcome of the initial trial.

Typically, this form is utilized in cases where a party believes that the judge made a significant error, or where new evidence has come to light that could potentially alter the verdict. The TR 220 serves as a crucial step before appealing to a higher court, as it provides an opportunity to re-examine the facts and legal arguments presented in the original trial.

How to Use the TR 220 Form

Using the TR 220 form involves several steps that must be followed carefully to ensure proper submission and consideration by the court. Here is a breakdown of the process:

• Obtain the Form: The TR 220 form can be obtained from the California Judicial Council website or directly from the court where the original trial was held.
• Complete the Form: Fill out the TR 220 form with accurate information, including details about the original case, the judgment, and the grounds for requesting a new trial.
• Submit the Form: File the completed TR 220 form with the court clerk within the specified time frame, which is typically within 15 days of the judgment.
• Serve the Other Party: Ensure that a copy of the filed TR 220 form is served to the opposing party, following the rules of service in your jurisdiction.

Common Reasons for Filing a TR 220

There are several grounds on which an individual may file a TR 220 form. Understanding these reasons can help in determining whether to pursue this option:

• Jury Misconduct: If there is evidence that jurors engaged in improper conduct, such as discussing the case outside of deliberations.
• Legal Errors: Significant mistakes made by the judge during the trial, such as incorrect jury instructions or the admission of inadmissible evidence.
• Insufficient Evidence: If the evidence presented at the original trial was not adequate to support the verdict.
• Newly Discovered Evidence: Evidence that was not available during the original trial but could potentially impact the outcome.
• Irregularities in Proceedings: Any procedural irregularities that may have influenced the trial's fairness.

Steps to Complete the TR 220 Form

Completing the TR 220 form requires attention to detail and adherence to legal standards. Here are the steps to ensure proper completion:

• Gather Necessary Information: Collect all relevant details about the original case, including case number, parties involved, and the date of the judgment.
• Identify Grounds for New Trial: Clearly articulate the reasons for requesting a new trial, providing specific examples and supporting evidence where applicable.
• Fill Out the Form: Carefully complete each section of the TR 220 form, ensuring accuracy and clarity in your explanations.
• Review and Edit: Before submission, review the form for any errors or omissions to enhance the chances of approval.
• File and Serve: Submit the completed form to the court and serve copies to all relevant parties.

Who Typically Uses the TR 220 Form?

The TR 220 form is primarily used by individuals who have been involved in traffic or infraction cases in California courts. This includes:

• Defendants: Individuals who have been found liable or guilty in a traffic case and wish to challenge the ruling.
• Legal Representatives: Attorneys representing clients who believe there are valid grounds for a new trial.
• Individuals Seeking Justice: Any party who feels that the initial trial did not adequately consider their arguments or evidence.

Important Terms Related to the TR 220 Form

Understanding key terms related to the TR 220 form can provide clarity on the process and its implications:

• Trial De Novo: A new trial conducted as if the original trial had not occurred, allowing for a fresh examination of the case.
• Judgment: The official decision made by the court regarding the outcome of the original trial.
• Grounds for Appeal: The specific reasons cited for requesting a new trial, which must be substantiated with evidence.
• Service of Process: The legal procedure of delivering documents to the opposing party to ensure they are informed of the actions taken.

Legal Use of the TR 220 Form

The TR 220 form is a legal document that must be used in accordance with California law. Its legal use involves:

• Compliance with Deadlines: Filing the form within the designated time frame is crucial for it to be considered valid.
• Proper Grounds: The reasons for requesting a new trial must be legally sound and supported by evidence.
• Adherence to Court Rules: Following the specific rules and procedures set forth by the court is essential to avoid dismissal of the request.

Examples of Using the TR 220 Form

Real-world scenarios can illustrate how the TR 220 form is utilized effectively:

• Case of Jury Misconduct: A defendant discovers that a juror discussed the case with a friend, which could have influenced the verdict. Filing a TR 220 form can challenge the integrity of the trial.
• New Evidence Emerges: After a traffic conviction, a driver finds video footage that contradicts the testimony of the arresting officer. This evidence can be presented in a TR 220 request.
• Legal Error by the Judge: If a judge improperly excluded key evidence, the affected party may file a TR 220 to seek a new trial based on this error.