What You Can Expect At An Unlawful Detainer Trial
Posted by: Kenny Tan
June 27, 2011
Topic: Unlawful Detainer
at an unlawful detainer trial.
(If you're represented by an attorney, your attorney would've hopefully briefed you on what to expect at trial.)
When the trial date is set and if it's a court and not jury trial, you should show up at the place and time as given by the notice sent by the court.
Usually there's a calendar posted either in the hallway or on the department's door. Read it and find out what number your case has been assigned on the list. Walk up to the department clerk and tell her or him your number and she would check you in. Take your seat and wait for the judge to take the bench and call your case. The wait could be 15 to 20 minutes or an hour depending on the number of cases on calendar and what number you have.
Usually the judge or the clerk will make the roll call and find out who is and isn't here. Every one will take an oath agreeing to tell the truth. Just sit in the crowd and wait for your case is called.
When your case is called, if the you're the landlord and the tenant no-shows, you can proceed by default prove-up. You'll still have to present your evidence but it's simply abbreviated. If you're represented by an attorney, usually he or she will make an offer of proof - he or she will simply your expected testimony will be if called to testify. When he or she completes making the offer of proof, you'll be asked, "if you're called to testify, is that your testimony?, and you'll say "Yes.". That's the end of it.
If the case is contested, the court will take testimony from both sides. The landlord will present his case and the court will allow the tenant to ask the landlord questions. Then the tenant may present his evidence if she wishes. In the end, the court will make a render a judgment, whether for plaintiff or defendant.
The trial usually lasts less than 30 minutes, more probably between 10 to 15 minutes.
About The Author: The Law Offices of Kenny Tan is an eviction attorney who routinely represents clients at unlawful detainer trials in all of California
