Understanding Eviction Court: Going to Court

A tenant receives eviction summons. The court summons should list the date, time and location of the court call. Going to court has changed, because tenants can attend eviction court virtually on Zoom. 

Before court begins

• In-person: Tenants should go to the courtroom listed on their summons. All the cases to be heard during the court call will be listed outside the courtroom along with the case’s “line number” (to the left of the case name and case number). Make note of the line number as it is needed for check-in with the clerk. Tenants should check in with the clerk (who is usually sitting at the front of the courtroom next to the judge’s seat) and then wait for court to begin. Late arrivals should enter and just wait for their case to be called.
• Via Zoom: Enter the Zoom room and password. Stay on mute until called.

Renters must be in the courtroom when their case is called, otherwise the judge may enter a default Order for Possession (eviction order). Renters who absolutely need to leave the courtroom should make sure someone is available to let the court know that they have stepped out temporarily (but this does not guarantee the judge will wait).

If a renter is not present when their case is called, they can speak with the clerk after the court call is over to find out what happened in the case. If a default Order for Possession (eviction order) was entered, the renter may be able to have the order reversed. Renters will need to file a “Motion to Vacate Order for Possession/Default Judgment.” 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.

If neither the plaintiff (landlord) nor their attorney appears for the court call, defendants (renters) can ask the judge to “dismiss the case for want of prosecution” because the landlord was not in court to pursue their case. In order to continue with the eviction, the landlord would need to have the decision vacated OR would need to re-file the case.

The Court Case is Called

On Zoom: When the case is called, the renter should unmute themselves for the judge.

In person: When the case is called by the clerk, renters should approach the judge and identify themselves as the defendant. At this point, the renter can ask for time (called a “continuance”) to do something, such as find an attorney. Otherwise the case may go immediately to trial.