Preparing for Court Outside Cook County
Knowledge is power and one of the most important things a renter can do to prepare for eviction court is to learn a little about the process.
In an eviction court case, the renter is the "defendant," the landlord is usually the "plaintiff," and both are referred to as "parties" (participants) to the case.
Outside Cook County, the trial might happen on the first court date and may be the only opportunity a renter has to avoid being evicted.
Evidence and Discovery
Renters should bring evidence that is legally important to the case and supports any defenses, such as the rental agreement (lease), records of payments, receipts, and/or photos of the residence. Witnesses may also be called. Additionally, the parties have a right to pre-trial “discovery” (to ask written questions and request documents).
Trial by Jury
If renters want a jury—not a judge—to decide whether they have to move, they must file an “Appearance and Jury Demand” before the first court date. If a renter is unable to file their jury demand before the first court date, the judge may grant a "continuance" (more time) to do so. There is no guarantee that the judge will grant an extension, but the inclination of the court should be to protect and to enforce the right to a jury trial. Jury trials can be more complicated and require several court dates. Renters with defenses who want a jury trial may wish to speak with an attorney. Renters will have to pay a fee to request a jury trial. If a renter cannot afford the fee, they may request a fee waiver. Visit one of the help desks in the Daley Center for assistance with this. Fillable "motion" forms are also available online at http://www.illinoiscourts.gov/Forms/forms.asp. Instructions are included, so renters can prepare documents in advance and then bring them to court.
Translation Services and Accommodations
The court provides free translation and interpretation services. The court can also accommodate individuals with disabilities. Renters needing assistance should arrive early and tell the clerk when checking in.
If you live in Cook County, the process for preparing for court looks different. Click here to read more.
The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney