When a trial is scheduled, you will be notified of
the date and time by mail. It is important to be on
time and bring all witnesses, receipts, and related
documents to the hearing. If a witness refuses to
come to court, you may apply for a subpoena at the
clerk’s office at least two days before the hearing date.
If a judge grants the application, a subpoena will be
issued. The subpoena must be served on your witness
at least 18 hours before your hearing date and time.
The state marshal will charge you a fee to serve the
subpoena.
6
On the day of the trial, you will meet with a Housing
Mediator. The mediator will meet with you and
the other parties in your case to try to work on an
agreement (also called a settlement) so you do not
need to have a trial.
You are under no obligation to settle your case. If
you do not settle, there will be a trial. The judge
will hear the case and make a decision based on
the evidence presented.
EXECUTION
If a judgment is entered in your favor, the defendant has
five days to move out. During this time, the defendant
may apply to the court for additional time to stay in
the premises.
You will be notified by mail of the date and time of
any hearing if the defendant applies for additional
time.
7
If the defendant has neither vacated the premises
after the five days, nor applied for additional time,
you may obtain a Summary Process Execution
(JD-HM-2). The execution must be completed by you
and filed with the court for review and signature.
You must give the signed execution to a state marshal
for service. The execution requires the defendant
to vacate the premises within at least 24 hours, or
else be physically removed from the premises. If the
defendant’s property is also not removed, it will be
removed by the marshal and stored.