Trial Eviction Services
(1) Draft Trial Brief
(2) Serve Defendant’s With Trial Brief
(3) E-File Trial Brief
When An Eviction has Been Served – about 15 Percent of tenants fill file some type of answer. Our job will be to monitor that pleading and to file pleadings in response.
What types of Motions could be filed:
- Motion to Dismiss
- Motion to Quash
- Denial in Complaint
If any of these pleadings are filed- we will act immediately. We don’t wait for the notice to arrive in the mail. We check with the Court DAILY, so we know if anything has happened immediately. In some cases, we can file an Ex Parte Application for a matter to be heard faster.
Before the court hearing
Before appearing in court, you must carefully prepare your case, just as an attorney would. Among other things, you should:
- Be mindful that when you have served the summons and complaint, the tenant has five days in which to file an answer. You should carefully read the summons, which will have very specific information on how to answer the complaint and the strict timelines. (Please refer to “How to respond to an unlawful detainer lawsuit“.).
- Tenants may speak with a housing clinic, tenant organization, attorney, or legal aid organization. This will help them understand the legal issues in your case and the evidence that you will need.
- Some tenants may request discovery of evidence that may be helpful to their case or to prepare a defense. (See “Discovery in Unlawful Detainer Cases“.)
- Decide how you will present the facts that support your side of the case – whether by witnesses, letters, other documents, photographs or video, or other evidence.
- Have at least five copies of all documents that you intend to use as evidence—an original for the judge, a copy for the court clerk, a copy for the opposing party, a copy for yourself, and copies for your witnesses.
- Ask witnesses who will help your case to testify at the trial. You can subpoena a witness who will not testify voluntarily. A subpoena is an order from the court for a witness to appear. The subpoena must be served on (handed to) the witness, and can be served by anyone but you who is over the age of 18. You can obtain a subpoena from the Clerk of Court. You must pay witness fees at the time the subpoena is served on the witness, if the witness requests them.
The parties to an unlawful detainer lawsuit have the right to a jury trial, and either party can request one.317 After the answer has been filed, usually the landlord will file a document called a Memorandum to Set Case for Trial (officially called a “Request/Counter-Request to Set Case for Trial” form (Judicial Council Form UD-150).)318 This document will indicate whether the plaintiff (landlord) has requested a jury trial. If not, and if you are not represented by a lawyer, tenant advisers usually recommend that you not request a jury trial.
There are several good reasons for this recommendation: first, presenting a case to a jury is more complex than presenting a case to a judge, and a nonlawyer representing himself or herself may find it very difficult; second, the party requesting a jury trial will be responsible for depositing the initial cost of jury fees with the court; and third, the losing party will have to pay all of the jury costs.