Rule 85.Forcible Entry and Detainer.
Last amended April 15, 2010 · Last verified July 6, 2026
Full Text of Rule 85
Amendment History
(Amended by SCO 49 effective January 1, 1963; amended by SCO 678 effective June 15, 1986; by SCO 739 effective August 28, 1986; by SCO 1461 effective April 15, 2002; and by SCO 1691 effective April 15, 2010)
Plain-English Summary
An eviction case otherwise follows ordinary civil procedure, with several changes built for speed. The complaint must describe the premises precisely enough to allow delivery of possession, and must carry a required notice (printed on the approved court form, or reproduced identically if a party files without that form) describing when the clerk can dismiss the case for want of prosecution. The summons must be served at least two days before the hearing, and the hearing itself has to be set within 15 days of filing unless the court orders otherwise. Continuances are capped at two days unless the party asking for one posts a bond covering any rent that accrues if the case is lost. Appearing at the eviction hearing counts as a general appearance in the whole case for default purposes, and a defendant can't be served by mailing papers to the same address they were evicted from unless their current address and whereabouts aren't readily discoverable.
The clerk can dismiss a case for want of prosecution — without further notice or court order — once it has been pending more than 180 days with no trial or hearing scheduled and no default judgment application on file, as long as the complaint's own notice already warned the parties this could happen. The court can also dismiss on its own motion or a party's motion if the plaintiff fails to appear for a scheduled trial or hearing. Either way, the dismissal is without prejudice, and any party can reopen the case as of right, without refiling, by asking the clerk in writing within a year of the dismissal. An eviction case can also be referred from superior court to a district court for trial when the amount in controversy fits within the district court's jurisdiction.
Frequently Asked Questions
How fast does an eviction case move compared to a regular lawsuit?
Much faster — the hearing must generally be set within 15 days of filing, the summons must be served at least two days before that hearing, and continuances are capped at two days unless the requesting party posts a bond covering accruing rent.
Can an eviction case just sit on the docket indefinitely?
No — the clerk can dismiss it without notice once it has been pending more than 180 days with no hearing scheduled and no default judgment request on file, as long as the complaint's own required notice warned the parties of that possibility.
If my eviction case gets dismissed for inaction, can I bring it back?
Yes — a case dismissed for want of prosecution is dismissed without prejudice, and any party can reopen it as a matter of right by writing to the clerk within a year, without having to refile the action.