What to expect at your eviction trial
At your trial, the judge will listen to you and your landlord. The judge will decide if you need to move out and if you owe your landlord money.
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📅 How to get your trial date
After you file your Answer form, your landlord (or you) can ask the court to set a trial date by filing a Request to Set Case for Trial - Unlawful Detainer (form UD-150).
The person who files the form must mail a copy to the other side. The form says:
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If they want a judge or jury trial
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How long they think the trial will take
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What legal issues they want the judge to decide
Once the form is filed, the court will mail you a notice with your trial date. It’s usually about a month after the form is filed.
If you don’t agree with something in the landlord’s Request, you can file a Counter-Request:
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Fill out the same form: Request to Set Case for Trial - Unlawful Detainer (UD-150)
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Check the box for “COUNTER-REQUEST”
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Mark your own preferences for the trial
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Have someone 18 or older mail a copy to the landlord (or their lawyer)
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File the original and a copy with the court
Keep a copy for your records.
Yes. You or your landlord can ask for a jury trial. It costs $150, plus a daily fee for jurors. If you can’t afford it, you can ask the court to waive the fee with a fee waiver.
To ask for a jury trial:
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Check the jury trial box on the Request (UD-150) form
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File it with the court and mail a copy to the other side
How to get ready for your trial
Once you get your court date, start preparing. Things can move quickly in court, so it’s important to be organized.
Learn how court works
If this is your first time in court, read about what to expect.
- Be ready to stay at court for up to 4 hours.
- If possible, watch another eviction trial in person to learn how it works.
How to ask for an interpreter
If you don’t speak English well, the court will give you a free interpreter. Ask as soon as you get your trial date.
How to ask for an accommodation for a disability
Each court has an ADA coordinator. Fill out a Disability Accommodation Request (form MC-410) and turn it in at least 5 days before your trial.
🔗 Find your court’s ADA coordinator (opens in new tab)
How to get your evidence and testimony ready
Your landlord will probably talk first. Then you’ll get a turn to explain your side.
Write out what you want to say
Make a list of the facts and details you want the judge to hear. This is called your testimony. You can read from your notes if you need to.
Bring evidence to court
Evidence can be things like:
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Photos
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Rent receipts or money orders
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Texts or emails
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The notice your landlord gave you
Bring 3 copies of each item: 1 for the judge, 1 for your landlord, and 1 for you.
How to speak in court
Start by saying:
“Your Honor, I believe I have a defense to being evicted. My defense is…” Then explain your defense and show your evidence.
Examples:
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“Your Honor, I have photos to show the condition of the apartment.” (Show and describe each photo.)
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“Your Honor, I have rent receipts to show I paid what I owe.” (Show and explain each receipt.)
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“Your Honor, the 3-day Notice is missing the required contact information.” (Show the notice.)
You can also say what happened in your own words:
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“Your Honor, I tried to pay rent on [date] at [time]. Here’s what happened…”
What if you have a witness?
A witness is someone who saw or heard something important that supports your case.
To use a witness:
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Tell the judge: “Your Honor, I would like to call [full name of witness] as a witness.”
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The witness will be brought in to testify.
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You’ll ask the witness questions.
Ask these types of questions:
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Introductory: What’s your name? How do you know me?
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First-hand knowledge: Did you see or hear [the thing that happened]?
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Helpful to your case: What did you see? What did the landlord say or do?
✅ Write your questions ahead of time.
Once you’re done, say: “I have no further questions for this witness.”
What if the judge asks you to try to agree?
Before your trial starts, the judge may ask you and your landlord to talk outside the courtroom to see if you can agree on a solution. Sometimes a mediator will help.
If you come to an agreement:
- Go back to the courtroom and wait to speak to the judge.
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Don’t leave the court until the judge approves your agreement.
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Get a copy of the signed agreement before you leave.
📌 Don’t just wait for it to be mailed to you.
If you can’t agree:
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Go back into the courtroom and tell the deputy you’re ready.
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Wait for your name to be called.
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Even if your landlord says you don’t need to talk to the judge, do not leave without speaking to the judge.
You have the right to hear what the judge says and what the judgment says you must do.
What happens after the trial?
After you and your landlord finish presenting your sides:
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The judge will make a decision.
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The clerk will mail or give you a judgment that says what the judge decided.
Key takeaways
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A trial happens after someone files form UD-150
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You can ask for a jury trial, but it costs money
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Be prepared to speak quickly and clearly
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Bring 3 copies of all your evidence
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Practice what you’ll say in advance
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Witnesses must have first-hand knowledge
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Don’t leave court without talking to the judge
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The judge’s decision is final unless you appeal
Eviction
What's next?
- If you win: You don’t have to move out or pay your landlord. But you still must follow your lease and pay rent.
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If you lose: You may have to move out. But you still have options. Learn more about what to do after a trial loss.