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Going to Court: What to Expect and How to Prepare

Read this in: Español

Author: Phil Storey

If your landlord files an eviction case, you will get a court date. Going to court can feel overwhelming, especially without a lawyer. This article explains what to expect and how to prepare.

How should I prepare for court?

1. Understand your case and plan your defense(s)

Use the Eviction Defense Center’s “Fight My Eviction” tool to understand your case. It will give you information that is specific to your situation. 

If “Fight My Eviction” helped you find legal defenses that apply to your case, plan which ones you will present in court. Print any scripts and requests you will use.

2. Make a plan

  • Write down the date, time, and location of your hearing. Put it where you will see it.
  • How will you get there? Plan to arrive 30 minutes early.
  • Who will watch your children, if any?
  • Can you bring your phone or electronics into the courtroom? Call the clerk’s office to find out. If not, plan where you will leave them while you are in court.
  • What documents will you bring with you? Make copies.
  • What clothes will you wear? Dress respectfully.

3. Practice what you will tell the judge

Before court, practice reading the scripts from the “Fight My Eviction” tool and other things you will say to the judge. Read through everything and practice it out loud a few times.

What should I expect in eviction court?

Get there early. Leave time to go through security and find your assigned courtroom. 

In your courtroom, a bailiff or clerk may check to see who is there.

You wait for your turn. The judge may say a few things before starting the hearings.

They will call cases one by one, by the names of the people involved. It can take a few hours to get through all the cases scheduled.

A few courts do it differently:

  • Some courts, mostly in the Tidewater area, require some tenants to meet with their landlord’s attorney outside the courtroom before they can see the judge. Call your court clerk’s office to ask what to expect.
  • If your court works that way, listen carefully to the announcement in the courtroom so you know where to meet the attorney. The attorney will tell you what you owe. If you have defenses you want to tell the judge, say that to the attorney and then go back to the courtroom to wait for your hearing. It could be a long wait.

After calling your case and looking at the case papers, the judge may ask if you owe rent or agree with what the landlord says. Now is the time you can explain your side of the case, before you admit you owe any rent. (In Fairfax and a few other courts, mostly in Northern Virginia, you can just ask the judge for a trial at a later date. This extra time means you can try to find the money or get a legal aid lawyer to represent you. It can also help you find somewhere else to live.)

The judge makes a decision. Once they hear both sides, the judge can decide the case right away. If the judge says you have ten days or that the landlord gets “possession,” it means your landlord won and they can evict you. If they “dismiss” the case, it means you won and they can’t evict you. Sometimes, the judge will schedule another hearing if the case needs more time. Then they call the next case.

Other tips for the hearing

  • Wait to speak until the judge speaks to you. Don’t interrupt the landlord or their attorney.
  • Read the script and give the judge the form if you printed them from the Eviction Defense Center. Do this before you admit owing rent or doing anything wrong.
  • Listen carefully to the judge and the other side.
  • Ask the judge to explain anything you don’t understand.

What if I can't make my court date?

Do not miss your court date. If you do not show up, you will automatically lose your case.

If you absolutely cannot attend, call the clerk's office as soon as possible and ask how you can reschedule. The court calls that a continuance. Courts do not like to postpone the first hearing, so you need a good reason. 

Do what the court clerk tells you. You will probably need to send the court a written request with an explanation of why you need the change. But you may not know if the judge approves your request or not until after the court date.

Where can I get free or low-cost help?

Things to remember

  • Contact legal aid as early as possible to see if they can help you in court or advise you.
  • Use the Eviction Defense Center’s “Fight My Eviction” tool to see if you have any legal reasons you can fight your case in court.
  • Make a plan for getting to court and bringing what you need with you.
  • If you have a legal defense, practice what you’ll say to the judge beforehand.
  • Listen carefully in court and ask the judge to explain what you don’t understand.