If you and the other side can reach an agreement about the issues in your case, you can avoid a trial.

1. Learn about the benefits of reaching an agreement:
   • You decide the outcome rather than a judge. You know more about the issues in your case than the judge ever will. You may also avoid a bad legal outcome that could result from a trial. For example, if you lose at trial, the judge may order you to pay all the money damages the other side asked for. Additionally, the judge may order you to pay attorney fees, filing fees, or other money damages.
   • Reaching an agreement may be less stressful.
   • Reaching an agreement may save you time and money. For example, if you lose at the damages trial, the judge may order you to pay all of the other side's attorney fees, filing fees, or other money damages.
   • Reaching an agreement may provide more privacy and confidentiality.
2. Use resources to help you reach an agreement:
   • If you want help reaching an agreement before trial, some options are:
     • OPTION 1: TALK TO THE OTHER SIDE ABOUT SETTLING
       • You and the other side may want to work out the issues by agreement without a trial. You can talk to each other in person, online, or with the help of another person, like a friend or lawyer. You can ask the other side if they are willing to use a mediator.
       • Some examples of agreements you could come to are:
         • Agree to pay some or all of the money owed in exchange to drop the case,
         • Work together to come up with a payment plan so payments can be made over time,
         • Agree to drop claims of interest or attorney fees in exchange to drop the case.
       • Use this form to come to an agreement with the other side:
         • Settlement Agreement and Order Dismissing Case – CIV-484
           • Once you've worked out an agreement, you both must sign the form and file it with the court.
     • OPTION 2: USE A MEDIATOR
       • You and the Tenant can hire a mediator to help you work through your dispute and try to come to an agreement. Read more about mediation.

In most eviction cases, both sides choose to present their case to a judge, not a jury. However, you have the right to ask for a jury trial if you want one.

To ask for a jury trial, you must do so in writing no later than 10 days after the Tenant files the Answer.

Some people find it easier to present the case in front of a judge instead of a jury. Jury trials are more complicated, take more time, and may cost more money. This is because:

• the process of selecting a jury is complex,
• court rules become trickier when there is a jury, especially when it comes to presenting evidence and having witnesses testify,
• a jury trial can greatly increase the legal fees and costs in a case. So, if you lose your case and the court orders you to pay for the other side’s attorney fees, you may have to pay more money damages.

Note: if the other side asks for a jury trial, you will have to present your case in front of a jury even if you don’t want one. If this happens, you may want to talk to a lawyer about how to best prepare.

Some courts schedule the trial automatically for you. Other courts won’t unless you ask them to. Ask the court clerk if you need to ask that a trial be set. If they say you need to ask, you can do so by filing:

• Memorandum to Set Civil Case for Trial – CIV-200

Note: the court will set a date and time for the trial and will tell you through mail or email.

Evidence is the information you show the judge at trial to prove your side of the story. There are two main kinds of evidence: (1) testimony from witnesses, and (2) items presented as exhibits.

1. Witness Testimony (statements made by witnesses in court)
   • When people speak as witnesses in court it is called testimony. You can testify as a witness. Other people who have direct and relevant knowledge can also testify as witnesses. This could be a property manager, another tenant at the same property, a police officer, etc. To learn more about using witnesses at trial, see Step 8, Step 9, and Step 10.
2. Exhibits (documents, photographs, records, etc.)
   • When things such as documents are used to support a witness's testimony, they are called exhibits. They can be photographs, rent receipts, bank statements, cancelled checks, emails, etc. To learn more about using exhibits at trial, see Step 7.

Before trial, you have to have some documents ready. These include the witness list, exhibit list and a trial brief.

1. The Witness List
   • Use: Party's Witness List – TF-238
   • This is the list of people you plan to call as witnesses during your trial. Before trial, you exchange it with the other side and file it with the court.
   • The judge will usually send an order that tells you when the witness list is due. The point of the witness list is to give the other side notice of who you may call to testify at trial. This helps them to prepare.
   • You and the other side are automatically witnesses, so you don’t need to add yourself to the witness list.
   • You don't have to call everyone on your witness list at trial if you decide a witness's testimony isn't needed.
   • You need to state in the witness list whether someone will be an expert witness.
   • If you do not file your witness list, the court may sanction you by not allowing you to call your witnesses.
2. The Exhibit List
   • For Anchorage courts only, use: Exhibit List – TF-200ANCH and if needed Exhibit List Continuation Sheet – TF201ANCH
   • For all other courts, use: Exhibit List – TF-200 and if needed Exhibit List Continuation Sheet - TF-201
   • This is the list of documents, photographs, emails, and other things you plan to introduce as evidence during your trial.
   • You need 3 copies of your exhibit list and all exhibits.
     • Give one copy to the other side before the hearing. The judge usually gives you an order that tells you when to exchange exhibits.
     • Bring one copy to the hearing for the judge. Do not file it before the hearing.
     • Bring one copy to use during the hearing.
     • Bring the originals to court. You will give the original exhibit list to the in-court clerk to mark during the hearing, and will use the original exhibits when questioning your witnesses. The right time to introduce a specific exhibit is when a witness testifies about its contents.
3. The Trial Brief
   • Use: Trial Brief – TF-265
   • This is a written summary that tells the judge your position on each issue. The trial brief states the facts, evidence, and legal arguments that you plan to present at trial.
   • Your trial brief should point to legal authority such as statutes, case law or rules to strengthen your position. For example, the Alaska Housing Statutes. The judge will normally make an order that tells you when the trial brief is due.
   • Note: If you attach any documents to the trial brief that you later want to introduce as exhibits at trial, make sure to bring new copies of these documents to the trial. You have to prepare your exhibits before you come to court.
   • You must give a copy of the trial brief and anything else that you file in court to the Tenant or their attorney. This is called serving the other side. Read about serving the other side.

1. Opening Statement
   • The purpose of the opening statement is to give the judge a road map of your side of the story. Tell the judge what the case is about, the evidence you will present, and what you want the judge to do at the end of the trial.
   • For example, if you're the Tenant in an eviction case, your opening statement may be:
     • "This case is about a disagreement between the parties about how much rent is owed. I will testify that I owe the Landlord less than is claimed because payment for the month of March was not credited to my account. I prove that less rent is owed by presenting a receipt and a bank statement as evidence that a payment of $1350 was made to the plaintiff’s account on March 6th. After considering my evidence, I want the court to find in my favor and not issue a judgment against me in the amount the plaintiff is asking for. I want the court instead to find that payment was made for the month of March and order that $1,350 be subtracted from the total amount the plaintiff seeks to recover."
   • In another example, if you're the Landlord in a eviction case, your opening statement may be:
     • "This case is about the Tenant’s failure to pay for 2 months’ worth of rent while they lived at the rental property from March 1 to May 3. I will prove this rent is owed and unpaid for by presenting the lease agreement, payment records, a copy of the late rent notice, and the Notice to Quit. After considering my evidence, I want the court to find in my favor and issue a judgment for $2,700 in unpaid rent plus my costs in bringing this case."
2. Closing Statement
   • The purpose of the closing statement is to summarize the evidence you presented and explain how it supports your side of the story. Tell the judge what is wrong with the other side's position. State again what you want the judge to decide.
   • For example, if you're the Tenant in an eviction case, your closing statement may be:
     • "The court heard evidence about the disagreement between us as to how much rent I owe to the Landlord. In addition to my testimony under oath, I presented a receipt and a bank statement which shows a transfer of $1350 to the plaintiff’s account, the same account to which I made all rental payments since the lease began. Based on all of the evidence, I am asking the court to find that I do not owe the plaintiff $2700 and that $1350 be deducted from that amount."
   • In another example, if you're the Landlord in an eviction case, your closing statement may be:
     • "The court heard evidence about the Tenant’s failure to pay rent. The lease agreement is evidence that the tenant agreed to pay $1350 per month for rent. The payment record shows that the Tenant did not pay for the months of March and April. The copy of the late rent notice proves that the Tenant did miss those payments. Based on all the evidence, I am asking the court to find in my favor and issue a judgment for the $2,700 for unpaid rent plus my costs in bringing this case."

1. Prepare your exhibits
   • You have to prepare your exhibits before you come to court for the trial. Even if you already filed them earlier with other documents such as motions or the trial brief, you still need to prepare them and bring new copies. There is a very specific way to prepare your exhibits. You need to:
     • Choose the exhibits you want to introduce at trial.
     • Mark each exhibit with a special sticker. If you're the Landlord in an eviction case, use yellow stickers to mark your exhibits. If you're the Tenant in an eviction case, use blue stickers. You can get these stickers from local office supply store or your local court.
     • Make 3 sets of copies. One copy for yourself. One copy for the other side. One copy for the judge.
     • Fill out the Exhibit List:
       • For Anchorage courts only, use: Exhibit List – TF-200ANCH and if needed Exhibit List Continuation Sheet – TF201ANCH
       • For all other courts, use: Exhibit List – TF-200 and if needed Exhibit List Continuation Sheet - TF-201
     • Give the other side a copy of all exhibits by the deadline stated in your scheduling order.
   • Read how to prepare your exhibits. For more information check out this exhibit webpage.
2. Prepare an offer of proof for your exhibits
   • Before you introduce an exhibit at trial, the judge may want to know why. The judge needs to figure out if the exhibit is necessary and important to prove your side of the story. An Offer of Proof is a short statement where you tell the judge:
     • what you think the exhibit shows, and
     • why this is relevant and important.
   • Use this form:
     • Offer of Proof - Exhibits – SHC-1082
   • You don’t need to file the Offer of Proof. It’s just a tool to help you organize and prepare for when the judge asks you why you need a specific exhibit.
3. Introduce your exhibits at trial
   • You or a witness has to introduce an exhibit if you want to use it at trial. You or the witness has to have enough knowledge about the exhibit to identify it and confirm it is authentic.
   • For example, you could introduce a letter from the other side written to you because you have first-hand knowledge to identify it. Similarly, you could introduce a photograph of the rental property because you know what the property looks like. But, you couldn’t introduce a letter written to the other side from the other side’s cousin.
   • Getting your exhibits introduced at trial:
     • Mark the exhibit.
       • For example, if you're the Landlord mark it "Plaintiff's Exhibit 1." In another example, if you're the Tenant, mark it "Defendant's Exhibit A."
       • You can get stickers from your local office supply or your local court.
       • Note: This should be done long before trial. You must give marked copies to the Tenant by the deadline in the scheduling order.
     • When the time is right during your witness's testimony, tell the judge that you want to introduce something (such as Plaintiff's Exhibit 1 or Defendant's Exhibit A) into evidence.
     • Ask the witness what the exhibit is and how they know what it is.
     • Show it to the other side or their lawyer. Remember, they should already have a copy from when you exchanged your exhibit lists.
     • If the other side doesn’t object, you can ask the judge to have the exhibit admitted as evidence. If the other side does object, you will have to explain to the judge why you think the objection is wrong and why the evidence should be admitted.
     • The judge will decide whether to admit the exhibit as evidence. If the judge admits it, you can go on asking the witnesses questions about it.

The judge will want to hear evidence to prove your side of the story. The judge will treat what a witness says in court as evidence. So, having a witness testify in court can help you prove your side of the story to the judge.

To use witnesses at trial, you must create a witness list and exchange it with the other side. Then you must file it with the court by the deadline. The judge should tell you when the witness list is due.

If you do not file your witness list, the court might not allow you to call your witnesses.

1. Choose your witnesses
   • Think carefully about whom you choose as witnesses and what they might say in their testimony. You do not want any surprises!
   • Find out how much time you will have to question your witnesses. You can get a good idea of how time you will have by how long the trial is scheduled. Plan no more than half that time to present your side of the story. Figure out which witnesses are most important to have testify. Think about the following questions when choosing your witness:
     • What will they say?
     • Will they really help my case?
     • Will their testimony help prove my side of the story or disprove the Tenant’s side of the story?
2. Complete the Witness List form
   • Party's Witness List – TF-238
     • Note: You and the other side are automatically witnesses, so you don’t need to include your name in the witness list.
     • Note: You must state if someone is an expert witness.
     • Note: Write how you will serve the other side in the Certificate of Service section. You can serve them by email, first class U.S. mail, hand-delivery, or email (if they wrote on the Answer or other court documents they would accept service by email).
3. Give the completed Witness List form to the other side
   • Give one copy to the Tenant or their attorney by first class U.S. mail or hand-delivery.
4. File the witness list with the court
   • File the original copy with the court listed at the top of the Complaint. Find the Court Address. Choose one of these ways to file with the court:
     • Hand-delivery,
     • First-class mail, or
     • The Alaska Court System's TrueFiling program
5. Prepare an offer of proof for each witness
   • Before you call a witness at trial, the judge may want to know why you are going to call that person. An Offer of Proof is a short statement where you tell the judge:
     • why you want a witness to testify,
     • what you think that witness will say, and
     • why the testimony is relevant and important.
   • Use this form:
     • Offer of Proof - Witnesses – SHC-1081
   • Note: Don’t file the Offer of Proof. It’s just a tool to organize and prepare yourself in case the judge asks you why you need a specific witness.

1. Practice asking your witnesses questions
   • It isn't cheating to prepare your witnesses for trial. Write out the questions you want to ask each witness at trial. Practice asking these questions with each witness. Talk with them about what questions the other side might ask them.
   • Remind your witnesses that they will be testifying under oath, which means they swear to tell the truth. They can’t make anything up. If they don’t know the answer to a question, they can say, "I don't know" or "I don't remember."
2. Arrange for them to be available to testify at trial
   • Make sure your witnesses know the date and time they need to testify.
   • If you need a witness to testify, but they don’t want to, you can ask the judge to order them to testify. This type of court order is called a subpoena.. The court has different forms to use for subpoenas. Read How to Subpoena a Witness.
   • Note: If a witness doesn’t want to testify, think about whether it is worth it to subpoena them. It might be better to choose another witness to testify about the same thing.
   • Also note: You may have to pay the witness for their time in court.

You must ask witnesses questions in a specific way at trial.

The Landlord starts by calling their first witness and asking them open-ended questions. This is called direct examination. After the Landlord is done, the Tenant gets to question that same witness with leading questions. This is called cross examination. Afterward, the Landlord can question that same witness again with open-ended questions. This is called redirect examination. This cycle goes on until all you witnesses have been called. Then the Tenant does the same thing with all their witnesses.

Cycle of questions for each witness you call:

• Who Asks the Witness Questions	Name of Questions	Type of Questions
  You / Your Lawyer	Direct Examination	Open-Ended
  Other Side / Their lawyer	Cross Examination	Leading
  You / Your Lawyer	Redirect Examination	Open-Ended

Cycle of questions for each witness the other side calls:

• Who Asks the Witness Questions	Name of Questions	Type of Questions
  Other Side / Their Lawyer	Direct Examination	Open-Ended
  You / Your lawyer	Cross Examination	Leading
  Other Side / Their Lawyer	Redirect Examination	Open-Ended

1. Direct Examination
   • If you’re questioning one of your witnesses on direct examination, you can only use open-ended questions. An open-ended question can’t be answered with a simple “yes” or “no” answer. The witness must give a detailed answer, like a story.
     • Example for Tenant: "Tell me what happened on March 6." or "Please tell the Court if you saw me (the Tenant) doing anything to damage the property.”
     • Example for Landlord: "Tell me what happened on March 6." or "Please tell the Court what you normally do with a rent check you receive at the drop box.”
2. Cross Examination
   • If you’re questioning one of the other side's witnesses on cross examination you can use leading questions. Leading questions can be answered with "yes" or "no."
     • Example for Tenant: "Isn't is true you never repaired the large leak in the wall, even though I sent you several letters asking you to?" or "Isn't it true you received two rent payments from me in March, but you only accounted for one?”
     • Example for Landlord: "Isn't is true you never asked me to make any repairs to the property, yet you did them yourself?" or "Isn't it true your payment of rent for the month of March was actually just a late payment for the month of February?"
   • When the other side is cross examining with leading questions, it may make you (or your witness) look bad or untruthful. It is important to listen carefully and take notes so you remember to address any the issues when you do redirect examination.
3. Redirect Examination
   • After the other side questions a witness on cross examination, you have the right to ask the witness more questions. This is called redirect examination. Redirect examination gives the witness an opportunity to explain to the court that there is more to the story than what came up in cross examination. It is an opportunity to "fix" the cross-examination. It gives your witness the chance to explain why the cross-examination testimony might have been misleading.
     • Example for Tenant: "On cross-examination you said you never received a rent payment in February, but did you receive two rent payments in March?" This would give your witness a chance to tell full story and say, "Yes, that is correct, I received two payments in the month of March, one late payment for February and one for March.”
     • Example for Landlord: "On cross-examination you said you made a late payment in March that was for the month of February, but did you also include with it a payment for March?" This would give your witness a chance to tell full story and say, "Yes, that is correct, I made two payments in the month of March, one late payment for February and one for March.”

You have the right to object and tell the judge you think the other is breaking the Rules of Evidence. These rules set out the reasons why you can object, but they can be complicated. If you do not feel comfortable with objecting, you may want to talk to a lawyer.

If you think the other side is asking a question to a witness or presenting an exhibit that you think violates the rules, say "I object!" The judge may ask you why you object. Or they may simply decide by saying either "Sustained" or “Overruled.”

• “Sustained” means the judge agrees with you and so the other side has to stop the question or not introduce the exhibit.
• "Overruled" means the judge will allow the question or exhibit and the other side can continue presenting the evidence.

Note: The judge will not object for you. The judge is not a referee who calls a foul when he sees one. You need to tell the judge if you think the other side is trying to admit evidence not allowed by the rules. Do this by saying “I object.”

1. Attend a real trial
   • One way is to prepare yourself is watch an actual trial. Contact your local court to ask how to attend one. Most court proceedings are open to the public and if they are closed, there will be a sign on the door.
2. Don't miss any deadlines
   • Don't miss any deadlines in your case. If you do, you may not have the chance to go back and fix what you missed.
3. Plan and practice
   • Plan your case. Remember all the important steps along the way. Start out by writing out your plan, including your witnesses and exhibits. Write out what you are going to say and what questions to ask your witnesses. Use the forms available from the Alaska Court System to introduce evidence. Practice. Remember what your end goal is.
4. Get help
   • You can discuss how to prepare for trial with a lawyer. Read more about finding a lawyer.
   • Depending on your income and circumstances you may qualify for a free lawyer.
5. Use resources
   • The Internet, your local bookstore or law library also have materials available for preparing for trial or hearings.