At your court hearing, you will first get an opportunity to negotiate with the person you are evicting for a date for him or her to vacate. If you come to an agreement, it will be confirmed in a written agreement called a stipulation. The judge will review it with both parties to make sure everyone understands it and you will then all sign it. If you and the occupant don’t come to an agreement, the case will go to trial, which will probably be held on a different date. At trial, the judge will determine whether you have a legally adequate claim for evicting the occupant. You should bring all your evidence supporting your position to your trial to show the judge. If the judge rules in your favor, the judge will determine a date for the occupant to vacate. If the judge rules in favor of the occupant, you will not be able to go ahead with the eviction. A stipulation or judgment for the occupant to vacate should include the issuance of the warrant of eviction, so if the occupant stays beyond the date to vacate, you can contact a marshal to evict the occupant.
If the occupant does not come to court, you can ask the judge to enter a default judgment against him or her. If granted, the default judgment will allow you to evict the occupant. Before the default judgment is issued, the judge will first determine whether you have a legally adequate claim to evict the occupant and whether you complied with the procedural requirements in the case. This is called an inquest. To obtain a default judgment, you will also need to file a non-military affidavit saying that you investigated and can show that the respondent is not on active duty in the military or dependent on someone who is.