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- Trial by Affidavit
Trial by Affidavit
By submitting the Trial by Affidavit forms, you waive both yours and the officer’s presence at trial. It allows you and the officer to appear by submitting an affidavit of what happened, the same as you would tell the judge if you appeared in person; the affidavit will be considered the same as a personal appearance. The Trial by Affidavit is your written sworn testimony that is presented to the Judge depicting your side of the story. The Officer will also submit an affidavit including any evidence for Judicial review. By choosing Trial by Affidavit, you are giving up your chance to cross-examine the officer. The Judge will review the affidavits submitted and make a ruling.
If you have pled Not Guilty, or are interested in pleading Not Guilty, for a violation or parking citation, and you are interested in having a Trial by Affidavit, please complete the Trial by Affidavit documents. If you want a witness to testify, the witness’ declaration should be included and attached to your submitted Trial by Affidavit documents, along with any other evidence you wish the Judge to review or consider. Parties are limited to one witness declaration in this Trial by Affidavit process. The Trial by Affidavit documents need to be submitted to the court before your scheduled court appearance. Once received, the Officer has two weeks to submit their declaration and any evidence to the Court.
The Judge will make a decision based on all of the declarations and any additional evidence provided. The court will provide an update of the Judge’s ruling via mail to the address listed on the Trial by Affidavit documents. Rulings can take up to 30 days to be received.
If the court does not receive a Trial by Affidavit prior to your scheduled court appearance, your case will be found guilty by default, which means you will be convicted and charged a fine. If left unaddressed, eventually your license could be suspended if the charges were traffic related.
Please mail your completed Trial by Affidavit documents to: Eugene Municipal Court, 1102 Lincoln St, Eugene, OR 97401 or email the completed documents to TrialClerk@ci.eugene.or.us
5/1/2020 UPDATE TO EUGENE MUNICIPAL COURT – COURT RULES
16.005 TRIAL BY AFFIDAVIT OR DECLARATION UNDER PENALTY OF PERJURY - VIOLATIONS
(1) Testimony in violation cases may be allowed by declaration under penalty of perjury, after defendant has filed with the Court a waiver signed by defendant to the following effect:
“I agree that the Court may consider testimony of any witness by declaration under penalty of perjury.”
(2) Defendant may also waive the right to an oral hearing by adding to the waiver, signed by defendant, a provision to the following effect:
“I give up my right to an oral hearing or to be present at any oral hearing and the Court may decide this case on the basis of any written or oral testimony received by the Court in my absence.”
(3) The Court shall make available a waiver form consistent with this rule.
(4) Any party to a Trial by Affidavit or Declaration is limited to one witness declaration in addition to the party’s own declaration.