The letters and numbers in these directions match those on the form.
a. Write the name of your county.
b. Copy your landlord's name from the Summons and Complaint.
c. Copy your name from the Summons and Complaint. Spell your name the way it appears on the Summons and Complaint, even if it is wrong. You can ask the court to fix mistakes later.
d. Copy the name of the court from the Summons and Complaint.
e. Fill in the Docket Number, if you know it. The Docket Number is the number the court has assigned to your case. It may be on the top right corner of the Summons and Complaint. You can ask the court clerk for it.
1. If you missed your court date and you:
- Did not file your Answer, check the box ◻ next to: "Permit me to file an Answer late and schedule a new court date." Use Booklet 3 and attach your Answer to this motion.
- Already filed your Answer check the box ◻ next to: "Schedule a new trial because my Answer has already been filed"
- If you are attaching your Answer to this motion check the box ◻ next to "I am attaching a copy of my Answer to this motion."
2. Check box 2 if you are filing your motion within 10 days of the default judgment.
3. Check box 3 if you are filing your motion more than 10 days after the default judgment. If you check this box, you also ask the court to stop the eviction until you can have a hearing on your motion.
4. Tell the court why you missed your court date. Check one reason and explain why you were not in court on the scheduled court date.
5. If you are not attaching your Answer to this motion, use the language in Booklet 3: The Answer, to describe your "good defense to the landlord's case, as specified below." For example: if you lived with bad conditions that your landlord knew about, that may be a defense.
6. Ask the clerk at the court when a hearing can be scheduled, and if it will be a phone, zoom or in- person hearing. Ask if the clerk will put this information in the motion or do you have to.
7. Check the box next to the way you plan to get your motion to your landlord or their lawyer, and write in the date you will hand-deliver or mail it.
8. Sign and write your name, address, and phone number on the bottom of the form.
9. If you got a 48-hour notice of eviction from a sheriff or constable, check box 9. Check both boxes and fill in the date and time on the sheriff's or constable's eviction notice. When you bring this motion to court, tell the clerk, "I would like to speak to a judge right away before the sheriff moves me out.”