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California Declaration

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OFFICER'S DECLARATION
(Trial by Written Declaration-Vehicle Code, § 40902)

PEOPLE OF THE STATE OF CALIFORNIA

vs.

DEFENDANT:

FOR COURT USE ONLY

TR-235

NAME OF COURT:

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

TELEPHONE:

RETURN DATE:

ARRESTING/CITING OFFICER NAME/ID NO.:

CITATION NUMBER/DATE ISSUED:

AGENCY NAME:

OFFICE (IF ANY):

CASE NUMBER:

INSTRUCTIONS: The defendant in the case listed above has opted for trial by written declaration pursuant to Vehicle Code section 40902. The officer named above shall check all statements that apply, date, sign, and complete and return this form to the court named above by the return date.

1. OFFICER'S DECLARATION: Except as expressly stated below, I have personal knowledge of the facts stated herein. The events occurred in the County of (specify): at about the date, time, and location stated in the citation.

a. At the time of the citation I was a peace officer on-duty for the exclusive or main purpose of traffic enforcement for the exclusive or main purpose of traffic enforcement, and I was was not wearing a uniform as required by Vehicle Code section 40800. Any vehicle used by me complied with Vehicle Code section 40800.

b. The offense(s) were not committed in my presence.

c. Any statement(s) made by the defendant were voluntary, recorded verbatim verbatim not and is/are reasonably complete and accurate in substance.

d. Safety is an element of the violation alleged. In my opinion, the defendant's operation of the vehicle was unsafe.

e. Any equipment used by me to gather evidence in support of this violation was properly maintained, in good working order, and I have been trained in its use.

f. Any traffic sign, signal, or device mentioned was official and properly located, maintained, in good working order, and clearly visible to a driver of a vehicle controlled, governed, or affected by such sign, signal, or device.

g. Any diagram(s) submitted is/are not exact or to scale, but is/are reasonably complete, accurate, and fairly depict(s) the location, situation, and events described.

h. Speed supported by the patrol vehicle's speedometer was a significant factor. Pursuant to department policy, the patrol vehicle used in connection with this citation was officially calibrated on . The result was . The calibration was considered by me in determining defendant's speed.

i. Defendant was identified by Driver's License or other .

2. THE METHOD(S) USED TO DETERMINE THE SPEED OF THE INVOLVED VEHICLE WAS/WERE:

a. Odometer

b. Visual estimation

c. Radar (see items 4, 5, 6, below)

d. Laser

e. Aircraft

f. Pacing

g. Other

3. Engineering and traffic survey (ETS) not required per Vehicle Code section 40802, subdivision (b).

4. ETS completed within five (5) years prior to date of alleged violation.

a. ETS attached.

b. ETS on file with the court.

5. ETS completed within five (5) and seven (7) years prior to date of alleged violation.

a. ETS attached.

b. ETS on file with the court.

c. Arresting/citing officer has successfully completed a radar operator course of not less than 24 hours approved and certified by the Commission on Peace Officer Standards and Training (POST).

d. Laser or other electronic device was used to measure speed. Arresting/citing officer successfully completed an additional training course of not less than two hours approved and certified by POST.

e. The speed measuring device used to measure the speed of defendant (Serial No: ) meets or exceeds the minimum operational standards of the National Highway Traffic Safety Administration (NHTSA) and was last calibrated on by an independent certified laser/radar repair and testing/calibration facility.

f. Equipment accuracy check conducted on (date): and again on (date): at at (time): .

6. ETS completed within seven (7) and ten (10) years prior to the date of the alleged violation.

a. A registered engineer has evaluated the section of the highway in question and has determined that no significant changes in roadway or traffic conditions have occurred.

b. All of the elements marked under item 5, above, which are applicable.

7. FACTS AND CIRCUMSTANCES (Type or print only. State what happened):

Continued on attachment.

8. OTHER EVIDENCE AND STATEMENTS (Explain any other evidence and statements):

Continued on attachment.

9. DIAGRAM(S) (specify): Attached.

10. Number of pages attached:

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME)

(SIGNATURE OF OFFICER)

ID Number:

Agency NCIC Number:

Enter text✕
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What a California Declaration Is and when it applies

A California Declaration is a written statement signed under penalty of perjury used in California proceedings and transactions to replace or supplement a notarized affidavit. Under California Code of Civil Procedure §2015.5, an unsworn declaration may be used where a sworn statement is required; the declarant affirms truthfulness in lieu of an oath. Electronic copies and e-signatures are generally acceptable when they meet the ESIGN Act (15 U.S.C. ch. 96) and applicable state rules. The declaration commonly appears in court filings, administrative submissions, real estate matters, and business compliance records.

Why the California Declaration matters for accurate recordkeeping

A California Declaration provides a legally recognized, sworn-equivalent factual statement without formal affidavit procedures. It streamlines submissions, preserves evidentiary weight under California law, and reduces delays while remaining compatible with ESIGN and state electronic records rules.

Why the California Declaration matters for accurate recordkeeping

Who commonly prepares and relies on these declarations

Common users of the California Declaration include attorneys, private parties, and public agencies that need written attestations for filings or administrative records.

  • Attorneys preparing court filings or declarations for motions and evidence.
  • Individuals submitting factual statements in administrative proceedings or property transactions.
  • Organizations documenting compliance, certifications, or internal attestations for state and federal regulators.

Use by these groups replaces or supplements affidavits where permitted and helps document facts quickly while preserving legal effect under California rules.

Step-by-step: create, sign, and preserve a California Declaration

Follow this process to prepare, execute, and file a California Declaration that aligns with statutory requirements and is acceptable to courts or agencies.

  • 01
    Prepare Draft: Draft concise facts in numbered paragraphs, avoiding hearsay.
  • 02
    Choose Form: Decide unsworn declaration or sworn affidavit per requirement.
  • 03
    Sign Under Penalty: Include penalty-of-perjury language and sign with the date.
  • 04
    Retain & File: Keep originals and file with the court or agency as required.

How to configure an online template for California Declarations

Set up an online template to collect, authenticate, and archive California Declarations securely with conditional fields and signer authentication.

Field Configuration
Authentication Email link, SMS code, or knowledge-based authentication as required.
Field Detection Auto-detect name, date, and signature fields to speed template setup.
Conditional Logic Show or hide fields based on answers to reduce signer errors.
Storage Encrypted cloud storage with access controls and complete audit trail.

Digital signing and technical requirements for e-submission

Digital submission requires compatibility with common formats, tamper-evident storage, and signer authentication appropriate to the risk level.

  • Formats: PDF, DOCX, or fillable forms supported
  • Integrations: Salesforce, NetSuite, Google Workspace
  • Authentication: Email, SMS, KBA, and 2FA options

Typical eSubmission workflow for a California Declaration

A common online workflow moves the document from authoring through signing to secure archival with an auditable trail for future verification.

  • Upload Document: Start by uploading the declaration as a PDF or DOCX file.
  • Place Fields: Add name, date, signature, and declarant fields in the template.
  • Add Signer: Enter signer contact and choose the required authentication level.
  • Complete & Store: Signer signs; system records audit trail and stores a tamper-evident copy.

Timing considerations: when to prepare and submit a declaration

Deadlines depend on the declaration's purpose; courts, agencies, and counterparties set specific windows for submission and responses.

Before Hearing or Filing:

File by court deadlines, typically before the scheduled hearing.

Administrative Deadlines:

Follow agency-specific submission windows and their published rules.

When Requested:

Provide upon request from opposing counsel or a regulatory body.

Retention Start Date:

The signed date begins the retention clock for recordkeeping purposes.

Statute of Limitations:

Effective date may affect limitations and evidentiary availability.

Key milestones from drafting to preservation

Manage a declaration through drafting, review, execution, and retention with these sequential milestones to maintain legal effectiveness.

01

Draft Creation

Author composes facts in clear, numbered paragraphs.

02

Review & Edits

Reviewer checks accuracy, relevance, and admissibility concerns.

03

Execution

Declarant signs under penalty of perjury with the date.

04

Filing & Storage

File with the court or agency and preserve the record securely.

Penalties and risks to watch for

Perjury Risk: Criminal penalties if false statements proven.
Evidence Exclusion: Court may refuse uncertified or improper statements.
Delay Costs: Incorrect form can trigger motions or continuances.
Financial Liability: Civil damages for fraudulent or negligent declarations.
Professional Risk: Attorney malpractice exposure for faulty filings.
Administrative Fines: Agency penalties for noncompliance or late submissions.

Security and compliance controls to preserve evidentiary value

In Transit: Encrypted in transit using TLS 1.2/1.3.
At Rest: AES-256 encryption for stored documents.
Audit Trail: Timestamped logs capture IP, actions, and signer events.
Certifications: SOC 2 Type II, ISO 27001, PCI DSS attestations available.
Regulatory Compliance: Built to support ESIGN, UETA, HIPAA (BAA required), 21 CFR.
Accessibility: WCAG 2.0 Level AA support for accessible records.

Real-world examples showing practical use of declarations

These case summaries show how organizations used signed declarations to document facts, accelerate processes, and maintain compliance.

Tim Martin — Martin Properties

A property manager used a signed declaration to document tenant occupancy and condition for an eviction motion.

  • The declaration replaced a lengthy affidavit in local court.
  • The streamlined approach reduced court preparation time and avoided an in-person notarization step while maintaining evidentiary value for the judge.

John Butler — Fertility Centers of Illinois

A clinic submitted staff attestations as declarations for credentialing and compliance audits.

  • Declarations captured factual confirmations without sworn oaths.
  • Maintaining clear, dated declarations helped the clinic satisfy auditors and preserved a concise audit trail for regulatory review.

Practical tips to prepare a clear, defensible California Declaration

Follow these best practices to reduce risk, improve clarity, and ensure the declaration meets legal expectations.

Use precise, personal-knowledge facts
Limit statements to what the declarant personally observed or knows. Avoid speculation, hearsay, or legal conclusions. Number paragraphs, include dates and locations, and reference exhibits for corroborating documents.
Include statutory penalty language
Use the required penalty-of-perjury wording for California: 'I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.' Place this immediately above the signature line with the date.
Verify signer identity
Confirm the declarant's identity with government ID or reliable authentication. For higher-risk matters, use multi-factor authentication or notarization where required by the receiving party.
Preserve signed originals and audit trails
Retain signed copies and any electronic audit trail records, including timestamps, IP addresses, and authentication logs, to support admissibility and future verification in court or administrative reviews.

How a California Declaration differs from a traditional affidavit

Compare core criteria to choose the appropriate sworn or unsworn instrument for your matter.

Criteria Affidavit California Declaration
Notarization Required
Oath or Sworn Statement no (penalty-of-perjury instead)
Formality more formal simpler format
Interstate Acceptance broad primarily california-specific

Frequently asked questions about California Declarations and electronic submission

Answers to common questions about validity, e-signatures, notarization, retention, signer authority, and interstate use.


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Representative eSignature vendor comparison for digital execution and storage

Basic pricing and capability distinctions for common eSignature vendors; signNow is listed first per platform comparison conventions.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial, no credit card required Varies by vendor and plan Varies by vendor and plan Varies by vendor and plan Varies by vendor and plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

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