What to expect at your eviction trial

Get ready for your trial

When you’re in the courtroom, things move fast. Be ready and organized so you can answer questions quickly.

✅ On the day of your trial, plan ahead:

• Take time off work

• Arrange childcare

• Pay for enough parking

• Be ready to wait up to 4 hours after your start time

Read more tips to get ready for your trial.

Also, if possible, watch an eviction trial at your courthouse before your own. These are open to the public. Call your courthouse to ask when eviction trials are scheduled.

Prepare what you will say and bring evidence

When your case is called, you will usually speak first. This is your chance to explain why your tenant should move out.

Tips:

• Write down what you will say before court.
• Bring evidence, like photos, emails, letters, or receipts.
• Make 2 copies of each evidence: one for the judge, one for your tenant.

How to talk to the judge

• Spell your name if the clerk asks.

• Ask, “Your Honor, may I begin?”

• Start with: “Your Honor, I believe my tenant should move out because…”

• Tell your story step by step. Be sure to include all the facts and law that support your story.

• Show your evidence (proof) to support your story as you go. Hand copies to the judge and your tenant.

Examples of showing evidence to support your story:

• Photos: “Your Honor, these photos show the damage from the tenant’s dog.”

• Receipts: “Your Honor, these receipts show what I paid for repairs.”

• Events: “Your Honor, my tenant said they would move out, but they did not. Here is their note and what happened that day.”

Using witnesses

A witness is someone who saw or heard something important in your story. In a trial, the only way the witness can tell what they saw or heard is by asking them questions. Witnesses usually aren't in the courtroom until they're asked to come tell their story.

How to use witnesses in court:

• Prepare your questions

  • Write out the questions you want to ask the witness before the day of the trial.

• Call the witness

  • Tell the judge: “Your Honor, I would like to call [full name] as a witness.”

  • Court staff will bring them in to testify.

• Ask simple questions first

  • Example: name, address, job, and how they know you.

• Show first-hand knowledge

  • Ask about what the witness personally saw or heard.

  • Example: “What did you see on [date]?” or “What did you hear the tenant say?”

  • ⚠️ Witnesses who only heard the story from someone else are not helpful.

• Ask questions that help your case

  • Once you’ve shown they have first-hand knowledge, ask about facts that prove why your tenant should move out.

  • Example: “What did you see when you entered the apartment on [date]?”

• Finish the testimony

  • When you are done, say: “I have no more questions for this witness.”

If the judge asks you to try to agree

The judge may ask you and your tenant to step outside and try to agree. A helper called a mediator may join you.

• If you agree: Go back inside and tell the judge what you and your tenant agreed to. Do not leave without a copy of the agreement. If your tenant needs more time to do what they agreed to, you can ask for a new trial date. At the new trial, you can dismiss (end) the case if you don't want it to go on your tenant's record.

• If you do not agree: Go back to the courtroom, tell the deputy you are back, and wait for your case to be called again.

⚠️ Important: If you leave before your trial ends, your case may be dismissed (ended).

The judge’s decision

After both sides tell their side of the story, the judge will decide. The clerk will give or mail you a paper called a Judgment.

• If you win: Your tenant must move out and pay you money they owe (if any).

• If your tenant wins: They do not have to move out or pay you, but they still must follow the lease and pay rent.