What happens on the day of your eviction case

Your first appearance is your first day being in court for your eviction case. Think of it as the judge checking in with both you and the landlord.

At your first appearance

Be ready before you walk into the courtroom:

• Arrive early. Try to get there at least 30 minutes before your time.
• Only miss court if you have a real emergency and immediately tell the court. You can be evicted for not showing up to court.
• Bring all your papers. Keep them in one folder. (Read more about getting ready for court.)
• Double-check you are in the right courtroom. Ask a court officer if you are not sure.
• Sit and wait for your name to be called by the judge. Stay nearby so you don’t miss it.

What happens in a first court appearance

When your name is called, you can approach the judge. Usually, there is a podium or table to stand or sit at. The judge will ask you whether you admit or deny the things written in the court papers (the landlord’s written claims against you).

Anything you do not deny can be treated as true. So you must tell the judge if anything in the court papers or that your landlord says is wrong. Respectfully tell the court what you disagree with or what laws are not being followed.

Tell the judge your defenses and disagreements

You must say all your defenses. A defense is a legal reason why the eviction should not happen. 

The judge might not ask you directly, so do not wait. If something your landlord claims is wrong, or if they did not follow the law, you should speak up. Tell the judge clearly and respectfully what you disagree with or what law(s) are not being followed.

Ask for a 14 day adjournment

You can ask the judge for 14 days to get a lawyer. You can also ask for 14 days if you disagree with your landlord’s claims or believe they did not follow the correct legal steps. These 14 days are called an adjournment. As a tenant, you are allowed to ask for a 14 day adjournment.  

If you ask for the 14 days, the judge must give it to you. 

If you do not ask for a 14 day adjournment, the judge could hold a trial right at your first court appearance. So, do not be afraid to request the 14-day adjournment to have more time to get an attorney or prepare to defend yourself.

If you need more time after the first 14 day adjournment, the judge decides whether to give you extra time. The judge may say no.

If you agree with everything

If you agree with everything in the court papers and have no defenses, you may ask the judge to “stay the warrant of eviction.” A stay means the judge will give you more time before you can be evicted. The judge decides whether to grant the stay.

• You must tell the judge any efforts you have made to find other housing. If you have any proof of your efforts, show it to the judge.
• If having to move would worsen a medical condition you or someone living with you has, tell the judge and provide any proof.
• Tell the judge if you have any children enrolled in a local school.

Important: 

• If you do not have any defenses, the judge can sign a warrant of eviction (the court order that allows eviction) at the first appearance.
• If you have defenses but you do not ask for a 14 day adjournment, the trial can be held that day. The judge can sign a warrant of eviction at the first appearance if you lose the case. So, if you have any defenses, ask for the 14 day adjournment so you have time to prepare.

What happens at the trial

After you give your disagreements and defenses, and your landlord tells their side, the judge will decide if your case should move forward to a trial. If they decide it should, a trial is where you can show your proof and tell your story.

A trial (a court hearing where both sides show evidence) happens if you and your landlord do not settle the case and you disagree with something in the court papers or believe your landlord is not following the law.

At trial:

• You and your landlord each show evidence and tells your sides of the story
• The judge listens and then makes a decision

Presenting your evidence

You can show documents, photos, or screenshots to support your case.
 

To have a document accepted as evidence, you must:

1. Give a copy to the landlord or their lawyer
2. Explain how you know the document is real
3. Confirm it has not been changed
4. Ask the judge to “accept this document into evidence”
    

Each side may ask questions about the other side’s witnesses and documents.

Witnesses

A witness is someone who has first-hand knowledge of your case. You may bring witnesses to help prove your defense. For example, if your heater did not work, you might call a repair person who looked at it.

Witnesses must speak in a question-and-answer format. You ask the questions, and the witness answers.

If you have no witnesses, you may ask the judge to let you testify in the narrative. A narrative is when you tell your story in one long explanation.

The judge’s decision

After all the evidence is shown, the judge may:

• give an oral decision (a decision spoken in court), or
• take a few days or weeks to give a written decision.

What to say in court

Here are clear phrases you can use.

At your first appearance

If something in the pleadings is wrong:

• “I deny the allegation that…”
   

To list your defenses:

• “I assert the following defenses…”
   

To ask for your 14-day adjournment:

• “I respectfully ask for a 14-day adjournment to prepare my defenses and to schedule a trial.”

At trial

To call a witness:

• “I call Jane Doe as my witness.”
   

To question a witness:

• “Have you ever been to the apartment at 123 Main Street?”
• “When were you last there?”
• “What did you see?”
   

To testify yourself:

• “Your Honor, I call myself as a witness and ask to testify in the narrative.”
   

To submit documents:

• “Your Honor, I am giving the landlord these screenshots. I took them myself. They are true and accurate and have not been changed. I ask that they be accepted into evidence.”

The judge may ask follow-up questions, and your landlord may respond.

Want help getting ready before court?

Learn how to get ready for your eviction court date.

Need help understanding your defenses?

Learn how to prepare your defenses in an eviction case.