Unless you’re a seasoned litigator, the prospect of having to attend a court hearing can be stressful. Although the hearing represents an important part of your case, most lawsuits stand or fall based on how well a party prepared for it. 

Here are some helpful tips on how to prepare for an eviction trial and what to expect at the hearing.   In any case involving a jury trial, attorney representation should be seriously considered given the complex substantive and procedural rules governing such trials.

Pretrial Preparation Tips

Thorough preparation for an eviction hearing can take several hours.  Here is what you need to cover:

• Make sure that you know and understand the law applying to your case, exactly what you need to prove or disprove, and the extent of recoverable damages.  Know both side’s position on the key issues.

• Make sure that you have talked to all your witnesses and know their expected testimony.   You will need to have a subpoena issued by the court to compel the attendance of any witness who will not appear voluntarily. 

• Re-read all of the court papers in your case and make sure you understand what each paper says, what your position is, and how the other side has responded to your position.

• Create a tabbed trial binder which organizes all of the documents you intend to use in your case so that you can find what you are looking for.  The binder can be used to create an outline of the key points in your case. 

• Find out which judge is going to hear your case and conduct some research on his or her background.  If possible, observe a court hearing handled by your judge to see how the courtroom and parties are managed.  

• Practice, practice, practice!  Spend time practicing your arguments in front of a mirror or friends without reading from a prepared statement.  The more you practice, the less anxiety you will feel when the time comes to present your case to the judge. 

The Day of Trial

On the day of trial you should:

• Bring copies of all papers you and the other side have filed with the court or exchanged with each other.  They should all be in the trial binder you prepared. 

• Bring a notepad and pens for taking notes during the hearing. 

• Bring the original item and two copies (original for the court, one copy for you, and one copy for the other side) of everything you intend to present to the court. 

• Be on time. Allow extra time for traffic or other possible delays.

• Dress appropriately and conservatively.  Don’t wear shorts, tank tops, halter-tops, etc. 

• Speak clearly and loud enough that the judge can hear you.

• Be prepared to state your position on each of the issues in your case, how you would like the judge to rule, and why the judge should rule in your favor.

Please contact us with any questions regarding the above or if you are ready to start a case.  We can be reached at 888-441-2355, Ext. 2 or [email protected].  You can also schedule a free telephonic consultation on our website to discuss your needs and issues.