Guide to Eviction Trials for Tenants

If your eviction case goes to trial, the judge will decide whose version of the facts are true (if you disagree about any facts with your landlord), and decide whether you get evicted. This guide explains:

What to expect
How to prepare
What happens during the trial

Understanding the process can help you present your case clearly and make sure your rights are protected.

These are the next steps after your landlord has served you with court papers and you have filed your answer. For more on these earlier steps in an eviction case, see our guide on Going to Court for An Eviction.

Getting a trial date

After you file your answer, the court must schedule a trial within 7–10 days.
You can choose to attend in person, by phone, or by video. You marked your choice on the Answer form.
- See our guide on Going to Court Remotely in Eviction Cases to learn about how to appear virtually instead of in person.
If you want to change how you will attend, notify the court at least 48 hours before trial.
Carefully read all court notices. If you don’t hear back after filing your Answer within a day or two, call the court to confirm your trial date. Notices may arrive late by mail, so check early.

Preparing for your trial

At trial, each side must prove the claims in their paperwork.

Landlord: Must prove what they said in their paperwork. Paperwork could include a complaint, Demand for Compliance, Demand for Rent, or Notice to Terminate Tenancy.
Tenant (you): Must show the defenses you listed in your answer and any supporting evidence, including witnesses and documents.

How do I prepare for a trial?

Make notes of what you want to say and questions to ask witnesses.
Organize your exhibits. Your exhibits are evidence you want to show the court at the trial, like documents, receipts, and photos.
- For in-person hearings, bring at least 4 copies (for you, the judge, the witness, and the landlord).
- For virtual hearings, have exhibits ready on your computer to share on your screen.

Before the trial

Disclosures and witness lists

Courts in some counties require witness lists and exhibit exchanges before trial. You must follow the rules in your county. If the court orders you to give your landlord or their attorney certain information, exhibits, or a list of witnesses you plan to use, you have to give it to them. Otherwise, you risk losing the right to present your evidence.
The court may order you to have a witness list. A witness list should include names, contact information, and a short description of the testimony.
Possible witnesses: you, your landlord, roommates, neighbors, friends, rental assistance agency representatives, or experts.
Both sides can ask questions of the other person’s witnesses.

Important!
Check the court’s website or contact the court to keep track of orders and other updates to your case. The court website should also have forms and instructions that you might need for each step.

Exhibit lists and requests

Exhibits can include leases, receipts, texts, emails, or photos.
Courts may require that videos or phone recordings be saved on a flash drive and given to the other party in advance.
You should also:
- File JDF 108: Request for Documents in Eviction Cases. This document should have been given to you when you got served the summons and complaint. It requires your landlord to disclose any information they intend to use at trial against you.
- If you need to, you can ask the court to issue a subpoena, which will require someone to attend as a witness or make someone bring a document to court. Subpoenas must be served on the witness at least 48 hours before trial.

On the day of your trial

Dress nicely, as if for a job interview. This demonstrates respect for the judge and the process.
Arrive on time—if you miss your case being called, the judge can rule against you without hearing your side of the argument.
For remote hearings, ensure stable internet or phone service and minimize distractions.
Stay calm, even if the process feels stressful. It is natural and understandable to feel emotional, but remaining calm is very important to ensuring your perspective is heard.
Only speak when it is your turn, and keep your microphone muted if you aren’t speaking.

The judge might encourage settlement talks or mediation before the trial begins. These are opportunities for you and the landlord to reach an agreement outside of court. This could also be a time for you and your landlord to agree that evidence, like the lease, can be part of the record without it needing to be brought up in court.

During the trial

Opening statements

Each side may give a short summary of what they intend to prove. Try to make your statement short and clear.

The landlord’s case

They present their evidence and witnesses first.

While the landlord or their attorney is talking, you can’t say anything unless you are making a specific objection (see a list of objections below).
You may also ask their witnesses questions after they finish (cross-examine).
The landlord could call you as a witness if they want to.

Your case, calling a witness

You present your evidence and call witnesses.

Your witness can’t just start talking. You have to ask them questions for them to answer. Your questions should be short, relevant, and open-ended (not just questions that will have a “yes” or “no” answer). You can only ask your witnesses about things that they saw themselves or things that they have firsthand knowledge of.
Your landlord or their attorney can ask your witnesses questions too after you finish asking questions.

Admitting exhibits

The court can only consider evidence that is given at trial. To give the court physical evidence (formally called an exhibit), you must:

Label it.
Show it to your landlord or their attorney.
Show it to a witness.
Have the witness explain what it is and confirm it is accurate.
Ask the judge to admit it into evidence.

Common exhibits: leases, rent receipts, billing statements, photos, texts, emails.

Testimony

Write out notes ahead of time. Witnesses must testify only to what they personally saw or experienced. Hearsay (statements made outside of court) is generally not allowed.

Example: A landlord can’t say “the maintenance man told me there were stains on the carpet.” If they do when you are in court, you have to object right away. You can say “Objection—hearsay.”

What are common objections?

You or the landlord may object to keep certain evidence out. Common objections include:

Relevance: The evidence doesn’t relate to the case.
Speculation: A witness is guessing about something they don’t personally know.
Argumentative: A party is badgering or harassing the witness.
Hearsay: A witness repeats something said outside of court instead of presenting firsthand knowledge. However, it is not hearsay if a witness testifies to something the other party said.

Note:
You can’t object just because you think that someone is lying or you don’t like what they are saying.

After the trial

Each side may give a closing argument to summarize their case. A closing argument is the final thing you get to say to the judge.
The judge may decide immediately or give a written ruling later.

Need more help?

If you are low-income, a senior, or a veteran, you may qualify for free legal help from Colorado Legal Services (CLS). To apply or ask if you might qualify, go to the CLS website and find the office that serves your area. If you call or visit, CLS can help you in your native language.

You can get help from the courts. Every judicial district has staff called “Sherlocks” to help people with their legal questions. To find the Sherlock in your county, visit the Judicial Department’s Sherlock webpage.