"How to File Your Eviction (Unlawful Detainer) Defense"
How to File Your Eviction (Unlawful Detainer) Defense Make sure you have all your court forms. It is very important that you read the instructions on this sheet. Take all your court forms with you to court. Follow these steps. 1st 4th Sign your forms after you review If you can’t pay the court fee, fill them to make sure they are correct. out a Fee Waiver before going to Arrange your forms into three file your forms. Go to the main complete sets in order by the form menu in I-CAN! and choose “Fee number. Waiver”. File the Fee Waiver forms with your claim. 2nd Someone – not you – must serve NOTE: If there is more than one the other party with a set of the Defendant/tenant on the forms, forms IMMEDIATELY. Ask each one must fill out their own someone you know (who is 18 years Fee Waiver (even if the other or older) to mail or hand a set of your tenant is your spouse). forms to the other party. Have your server fill out a Proof of Service 5th (POS-040). File the Proof of Service with your forms. You will receive a notice of the 3 rd hearing date. You may receive more than one hearing date. Plan to File your forms. Take the attend every hearing date. remaining two sets of your forms to 6th the Clerk’s office at the Court printed on your forms. The clerk will charge Attend all hearings. Bring all of you a fee to file your forms. your court forms to the hearing (See page 2 How to Prepare for your Eviction Hearing). Need more help? Visit the Self Help Center located at your court or your local Legal Aid Society. I-CAN! Filing Instructions Page 1 Unlawful Detainer Response How to Prepare for Your Eviction Hearing Follow these steps. Know each hearing date. The form Memorandum to Set for Trial (L-31) says the date, time, and room of your hearing. Go to each hearing. Practice what you want to say. Get to the court 30 minutes early. Practice saying why you are in court. 1. There may be a line for the Limit yourself to 3 minutes to say security at the entrance to the what you want. court. 2. Find the courtroom. Your Bring your court forms, any case will be listed on the evidence and any witnesses that calendar. may help you in your case. 3. When the courtroom opens, You will have to show any evidence go in and tell the clerk or to the other party and then give it to officer you are present. the Bailiff to give to the judge. If you 4. Watch the other cases so you have any witnesses, let the judge will know what to do. know. They may need to wait 5. When your name is called, go outside the courtroom while you are to the table set up for the testifying. parties. The judge will ask you questions. • Be polite • Call the judge “Your Honor”. • Do not speak directly to the other party when you are NOTE: No camera phones are before the judge. allowed in the court. Save time • Do not interrupt anyone. by leaving yours in the car. • Tell the judge if you don’t understand a question. • Stick to the point. Answer the question you are asked. • Wait for a copy of the orders. Need more help? Visit the Self Help Center located at your court or your local Legal Aid Society. I-CAN! Filing Instructions Page 2 Unlawful Detainer Response