You attended the first hearing in your eviction matter on Zoom; it zipped by and suddenly we have told you there is a second hearing. What happened? What happens next? Eviction actions are set as summary proceedings. This means they are given about 5 minutes for the first hearing. If the judge for any reason cannot complete the hearing in that time, the matter will be reset for a second hearing. You didn’t fail to do anything; we as your attorney didn’t fail to do anything; the judge simply needs more time. The second hearing may be on Zoom again or it may be in person. Please read your paperwork carefully and let us know if you are confused or have any questions. In person hearings in Pima County are held downtown at 240 N. Stone Ave., generally in courtroom 402. Zoom, of course, is with the code we provide. Each weekday has its own Zoom code so please use the one on the most recent form from the court. A second hearing could be short and proceed in a similar fashion to the first with the attorney doing all the talking and a quick resolution by the judge. However, if the matter is set for trial or additional information is needed, here is what to expect:
The Plaintiff/Landlord goes first in a trial. We will call you as a witness to answer some basic questions about the case. We will ask for your name and occupation. We will ask if you are familiar with the lease agreement and the notices provided to the tenant for the lease violation as well as how the notice was served (hand delivery or certified mail). We will ask you case specific questions such as, what is the rent amount owed, late fees, other fees due, any partial payments received or offered and refused. Please describe the lease violations such as disturbing the peace or criminal activity. We will ask for specific dates and a full description of the incident(s).
Once we have finished asking you the relevant questions the other side/Tenant (or tenant’s attorney) has a chance to ask you questions. Please just answer to the best of your ability calmly and as directly as possible. Don’t expand on your answers and don’t worry if your answer “sounds bad.” We can come back after they ask you questions and have you expand on your answers and explain as necessary.
Sometimes we need to call other witnesses (neighbors, maintenance crew, etc.) who observed lease violations firsthand. Once all of our witnesses have been questioned it the Defendant/Tenant’s turn to present evidence. This can be done by calling witnesses or in narrative form from the Defendant. After the Defendant or his/her witness speaks we can ask questions in cross examination. Sometimes if things are going our way, we may ask very few questions or even none at all. The rule is, if things are going our way, we don’t want to rock the boat.
We may make closing arguments (a refresh of relevant facts and argue why the judge should find in our favor), depending on the case, and then the judge will rule on the spot or take the matter under advisement. When the judge takes the matter under advisement, he goes back and considers the testimony and evidence presented and writes up a ruling that is mailed to us. We pass the final ruling along to you as soon as we receive it. Don’t let a second hearing scare you or worry you. Just review your file before the hearing, and we will walk you through it.