What to Do on Your Court Date

Be on time or early for your court hearing.

Have all of your information, completed paperwork, exhibits (lease, Notice, etc.), and any other evidence with you. Evidence can include a copy of the lease, copies of emails between the landlord and renter, copies of rent receipts, photographs of the property, etc. Organize and label each piece of evidence as exhibits that you can share with the judge.

If you are the Plaintiff, label your exhibits with numbers starting with 1.

If you are the Defendant, label your exhibits with letters starting with A.

Make copies of your exhibits for the other Party (e.g., Plaintiff, other Defendant[s]) and for the judge. You will have to pay for any copies that the courthouse staff makes for you.

Turn off your cell phone and respect everyone in the courtroom. Refer to the judge as "Your Honor" or "Judge".

You may be asked to talk with the other other person(s) involved in the case to see if you can settle the case before the hearing.

During the Hearing

The Plaintiff(s) will tell the judge why the Defendant(s) should be evicted from the apartment or house.

The Defendant(s) will tell the judge why the Plaintiff should not evict the Defendant(s) from the apartment or house.

Both the Plaintiff and the Defendant(s) should focus on the facts. Present any exhibits to the judge and call witnesses to provide important information about your case.

Ask your witnesses questions so that they can testify.

If the other person has an attorney, the attorney may object to or ask the judge to ignore exhibits and witnesses that you try to bring up in your case.

Possible Outcomes of the Hearing

Settlement: Settlement occurs when both the Plaintiff and the Defendant agree to resolve the case before the judge or jury make a decision about who should win. If both the Plaintiff and Defendant are at the hearing, the Defendant could agree to leave the rental property and pay the rent or damages owed or a different amount if the Plaintiff agrees. The Plaintiff and Defendant could also make an agreement that will allow the Defendant to stay in the property. JDF 102 Stipulation for Forcible Entry and Detainer (FED) / Eviction should be completed with information about the agreement and submitted to the court that day to make the agreement official.

Another Hearing Date: If the Defendant filled out the Answer form with a Counterclaim, the court could schedule a new court hearing, about 7 days from the first court hearing date.

Default Judgment for the Plaintiff: If the Plaintiff is at the hearing, but the Defendant does not show up, the judge could award money and/or eviction to the Plaintiff. The Defendant could owe the Plaintiff money and may have to leave the rental immediately.

Dismissal: If the Defendant is at the hearing but the Plaintiff is not, the judge could dismiss the case. The Plaintiff could owe the Defendant money if the Defendant made a Counterclaim in the Answer and/or the Defendant may be able to stay in the rental.

Hearing: The court hearing could be held as scheduled, with each person in the case telling the judge why they should win using their witnesses and evidence. The judge could give his/her decision that day.

Enforcing the Outcome of the Hearing

The Defendant(s) might stay in the rental after the judge orders them to leave. If this happens, the Plaintiff could ask for an order from the court to remove the Defendant(s). To ask the court for the order, fill out the top part ("caption") of JDF 109 Writ of Restitution and give the form to the court clerk.

If 48 hours have passed since the judge ordered the Defendant to leave, the judge may sign the form. Provide JDF 109 Writ of Restitution, signed by the judge, to the sheriff in the county where the rental is located. Once you pay the sheriff, he/she will give the writ to the Defendant(s) and remove them from the rental.

Check with your sheriff about how long it will take to remove a person from the rental. This could take several days or weeks depending on the sheriff's schedule.