UD-150 – Request/Counter – Request to Set Case for Trial—Unlawful Detainer
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What is a UD-150 – Request-Counter-Request to Set Case for Trial—Unlawful Detainer?
UD-150 is the California court form you use to ask the court to set an unlawful detainer case for trial. An unlawful detainer case is an eviction case. The form tells the court you are ready for trial and what the trial should look like. It covers jury or nonjury, estimated trial time, the issues to be tried, and your scheduling needs. It also includes a proof of service section so you can show the other side received your request.
Either party can file this form. A landlord (plaintiff) typically files it after the tenant files an Answer. A tenant (defendant) can also file it if the landlord does not, or if the tenant wants something different from what the landlord requested. “Counter-Request” means you are responding to the other side’s request and proposing different trial terms, such as a jury.
You would need this form to move your case forward. In California eviction cases, trial settings are fast. The court usually sets trial soon after someone files UD-150. If you are the landlord and you have an Answer on file, you file UD-150 to get a trial date. If you are the tenant and the landlord requested a nonjury trial, you can counter-request a jury trial. If the other side listed a date you cannot attend, you can counter-request with your availability.
Typical scenarios include these. A residential landlord sues for nonpayment of rent. The tenant files an Answer claiming repair issues. The landlord files UD-150 to get a trial date and checks “possession, rent, damages, attorney’s fees.” A commercial tenant disputes a claimed lease breach. The tenant files a Counter-Request to ask for a jury and a three-day time estimate. A tenant receives a trial notice for a date when a key witness is out of town. The tenant files a Counter-Request listing unavailable dates. A landlord inherits a stalled case because a prior attorney never set trial. The landlord files UD-150 to re-activate the calendar.
In short, UD-150 is the case-management lever in an eviction case. It signals readiness, locks in the basic trial framework, and triggers the court to issue a trial date.
When Would You Use a UD-150 – Request-Counter-Request to Set Case for Trial—Unlawful Detainer?
You use UD-150 after the case becomes contested. That happens when the defendant files an Answer or other responsive pleading that puts the case at issue. In many cases, the landlord files UD-150 as soon as the Answer appears in the docket. The goal is to obtain a prompt trial. In some courts, the clerk sets trial within a short statutory window after the request. If the landlord does not act, the tenant can request the trial.
You would also use UD-150 to change something about a previously requested trial. If the other side requested a nonjury trial, you can counter-request a jury and post any required jury fees. If the other side asked for a date that conflicts with a medical procedure, prepaid travel, or a religious holiday, you can file a Counter-Request with your blackout dates. If you believe the estimated trial length is wrong, you can counter with a realistic estimate based on your witness and exhibit list.
Landlords use UD-150 in nonpayment, holdover, nuisance, or breach-of-lease cases. Tenants use it when raising defenses such as habitability, retaliation, waiver, or acceptance of rent. Business owners use it in commercial lease disputes. Post-foreclosure occupants use it in holdover cases after a trustee’s sale. Subtenants or other occupants named in the case may also request trial once they have appeared and answered.
You would not use UD-150 in a default situation. If the defendant never answered and you are pursuing a default judgment, you do not set a contested trial using this form. You also would not use it in small claims or administrative housing proceedings. It is specific to California superior court unlawful detainer cases. If your case settles, you would not use UD-150 to request trial. You would file dismissal paperwork instead.
In practice, filing UD-150 is often time-sensitive. The faster you file after the Answer, the sooner the court can set trial. If you want a jury, filing the form quickly and handling jury fee requirements helps preserve that right. If you are the tenant and want to be sure the court hears your affirmative defenses, filing your own UD-150 or counter-request gives you input on trial planning.
Legal Characteristics of the UD-150 – Request-Counter-Request to Set Case for Trial—Unlawful Detainer
UD-150 is a judicial council form filed in court. It is not a contract between the parties. It is a sworn procedural request that triggers court action. The court relies on it to schedule a trial in a summary proceeding that has statutory priority. Because unlawful detainer cases move fast, the form plays a key role in enforcing those timelines.
The form is legally significant for several reasons. First, it documents the party’s demand for trial, including a jury if requested. Marking “jury” on UD-150 and complying with fee requirements generally serves as a jury demand. Failure to demand a jury in time may waive the right. Second, the form shapes the scope of the trial. You identify the issues to be tried: possession, rental damages, holdover damages, forfeiture of the lease, attorney’s fees, and costs. The court uses that checklist to understand what must be reached by verdict or judgment.
Third, the form requires service on all other parties. The proof of service section is signed under penalty of perjury by a nonparty adult. Proper service gives the other side notice of your request and proposed trial details. The court expects compliance with service rules before it sets the case.
Enforceability comes from the court’s authority to manage its calendar and enforce statutes governing unlawful detainer. Once accepted, the request prompts the clerk to set a trial and issue notice. The statutory preference for unlawful detainer means the case will usually be set ahead of ordinary civil cases. If you requested a jury and handled the fees, the court will calendar a jury trial. If you fail to comply with service or signature requirements, the court may reject your filing or delay the setting.
There are general legal considerations to keep in mind. Unlawful detainer is a summary process with limited issues. The core issue is the right to possession. Monetary claims tied to possession, like unpaid rent or holdover damages, are usually included. Claims not tied to possession, like broad tort claims, are typically outside the UD trial and belong in a separate civil action. Make sure the issues you check on the form are proper for an unlawful detainer trial.
You must tell the truth on the form. You sign under penalty of perjury. Listing unavailable dates that are not real can undermine your credibility and may draw sanctions. If you ask for a jury, be prepared to proceed with jury instructions, verdict forms, and jury fees. If you check interpreter needs, be specific. If you list witnesses and trial time, be realistic. The court uses your estimate to manage a crowded docket.
Finally, be aware of local practices. Some courts require e-filing. Some automatically set trial within a specific window. Others send a notice and require appearance at a short cause calendar. Your completed UD-150 must satisfy statewide rules and any local requirements. Accurate, complete information helps prevent rejection and delay.
How to Fill Out a UD-150 – Request-Counter-Request to Set Case for Trial—Unlawful Detainer
1) Confirm your posture.
Make sure the defendant has filed an Answer or other responsive pleading. UD-150 is for contested unlawful detainer cases. If the case is in default, do not use this form.
2) Use the current version of the form.
Courts update forms. Check that “UD-150” and the revision date are current in the footer. Print legibly in black ink if filing on paper.
3) Complete the caption.
At the top, list the court: “Superior Court of California, County of [County Name].” Add the street address and branch name if known. Enter the case number exactly as shown on prior filings. Write the full names of the plaintiff and defendant as they appear in the complaint. If there are multiple parties, include them as listed.
4) Identify yourself.
In the party information box, include your name, mailing address, phone, and email. If an attorney represents you, list the attorney’s name, firm, address, State Bar number, and contact details. Check the box for whether you are the plaintiff/landlord or defendant/tenant. If you are self-represented, indicate “In Pro Per” where requested.
5) Choose “Request” or “Counter-Request.”
Select “Request to Set Case for Trial” if you are the first to ask for trial. Select “Counter-Request” if the other side already filed a request and you want to change something. Use the counter-request to ask for a jury, propose different dates, or correct time estimates.
6) Select jury or nonjury.
Check “Jury” if you want a jury trial. Check “Nonjury” if you want a bench trial. If you demand a jury, be ready to follow fee deposit and timing requirements. If the other side asked for nonjury and you want a jury, filing a counter-request and addressing fees promptly helps preserve your right.
7) Estimate trial length.
Provide a realistic estimate in hours or days. Think about the number of witnesses, exhibits, and anticipated motions in limine. Unlawful detainer trials are often short, but do not understate your needs. List the number of witnesses you plan to call if the form asks.
8) Mark the issues to be tried.
The form lists common unlawful detainer issues. Check all that apply: – Possession of the property. – Forfeiture of the lease. – Past-due rent and the amount claimed. – Holdover damages (daily rental value after termination). – Attorney’s fees if the lease has a fee clause. – Costs of suit. If there are other narrow issues tied to possession, list them in the “other issues” space. Keep them concise and within the scope of unlawful detainer.
9) State your readiness.
Indicate whether you have completed discovery. If not, explain what remains and why it will be completed by trial. Note any anticipated pretrial motions that could affect the trial date, like a motion in limine or to bifurcate. If you are waiting on a necessary witness or document, describe the status. The court uses this to assess scheduling.
10) Provide scheduling constraints.
List dates when you, your counsel, or key witnesses are not available. Examples include surgery, long-booked travel, or an overlapping trial. Be specific and truthful. If you have flexibility, say so. You can also request a start date after a certain day if you need time to prepare. Remember unlawful detainer has statutory priority, so keep conflicts to genuine necessities.
11) Address related cases.
If there are related cases involving the same parties and property, identify them. Note whether a coordination or consolidation motion is pending. This helps the court avoid conflicting orders.
12) Note language and accessibility needs.
If you or a witness needs an interpreter, identify the language. If you require accommodations, indicate that. Early notice helps the court arrange services.
13) Settlement and mediation.
If the form asks about settlement, state if you want a settlement conference before trial. Some courts offer prompt mediation or a settlement department on the trial date. If you think the case will settle, you can still set trial to keep deadlines moving.
14) Attach supporting pages if needed.
If you need more space for issues, conflicts, or witness lists, attach a separate page. Label it “Attachment to UD-150” and reference the item number you are expanding. Keep attachments focused and brief.
15) Review for accuracy.
Confirm names, case number, and checked boxes. Ensure the issues match your pleadings. Typos in the case number or party names can delay calendaring. Make sure your mailing address is correct so you receive the trial notice.
16) Sign and date.
The party or the attorney must sign. Your signature certifies the information is true and correct. Sign in the designated signature line and print your name. Date the form.
17) Prepare proof of service.
UD-150 includes a Proof of Service by Mail section. A server who is over 18 and not a party must complete it. The server lists their name, business or residence address, the date and place of mailing, and the names and addresses of everyone served. The server signs under penalty of perjury. If you use personal service or electronic service by consent, attach an appropriate proof of service for that method. If your court requires e-service through an e-filing system, follow those instructions and still keep a completed proof for your records.
18) Serve all parties.
Mail a copy of the completed UD-150 to every party or their attorney of record. Use the addresses on the most recent filings. Serve on the same day you file, if possible. Keep a copy of each envelope label or mail certificate for your file. Timely service ensures the court will act on your request without objection.
19) File with the court.
File the original UD-150 with the court clerk. If your county requires e-filing, submit through the approved system. If you file in person, bring the original and at least one copy to be conformed. Pay any applicable fees at filing. If you requested a jury, be prepared to post any required jury fees by the deadline. If you have a fee waiver, include it if not already on file.
20) Calendar the response.
After processing, the court will issue a Notice of Trial or a minute order with the trial date, time, and department. It may arrive by mail or electronic notice. Mark the date and plan backwards for preparation.
21) Prepare for trial.
Exchange exhibits, witness lists, and jury instructions if a jury is requested. Bring original exhibits and copies for the court and the other side. Subpoena witnesses if needed. Arrange for your interpreter. Confirm service of any motions in limine and know your deadlines. Arrive early on the trial date, check in, and be ready to start.
22) If the other side files a Counter-Request.
Review it quickly. If they request a jury and you do not want one, be ready to address the court on the record. If they propose dates you cannot meet, file a response or raise it at the earliest hearing. Keep your availability evidence ready, such as tickets or medical letters.
23) If circumstances change.
If you settle, notify the court and file a dismissal. If you need a continuance, be prepared to show good cause. Because unlawful detainer has priority, continuances are not automatic. Bring supporting documents for any request to postpone.
24) Keep proof of everything.
Retain stamped copies of the UD-150, the proof of service, and the trial notice. If something goes missing, your records help the clerk resolve the issue quickly.
This is the practical roadmap. Fill the form clearly, serve it correctly, and file without delay. That gets your case onto the trial calendar and preserves your trial rights in a fast-moving eviction proceeding.
Legal Terms You Might Encounter
- Unlawful Detainer is the court process a landlord uses to regain possession of property from a tenant. This form is used in that process to ask the court to put the case on the trial calendar.
- Request to Set Case for Trial is your formal ask for a trial date. On this form, you tell the court the case is ready and what kind of trial you want.
- Counter-Request means the other side disagrees with how the trial is set or wants different terms. You use the same form to respond, asking for a different trial type, length, or date.
- Jury Trial is a trial decided by a group of jurors. You ask for it on this form. If you do not check the jury box, you may waive that right.
- Nonjury (Bench) Trial is a trial decided by a judge. If neither side requests a jury here, the case will be set as a bench trial.
- Time Estimate is your best guess of how long the trial will take. You put the number of hours or days on the form. Courts use it to set calendars and assign courtrooms.
- Issues in Dispute are the points you want the judge or jury to decide. The form asks you to list them briefly, such as possession, rent, damages, or defenses.
- Discovery refers to exchanging information and evidence before trial. The form asks if the discovery is complete. That helps the court decide how soon it can set trial.
- Interpreter is a language or sign-language professional you may need for trial. The form lets you state any interpreter needs so the court can plan.
- Proof of Service is a document showing you mailed or delivered the form to the other side. Courts often require service so everyone has notice of the requested trial.
- Continuance is a change to the trial date. If your availability changes after filing this form, you typically need to ask the court to continue the trial and notify the other side.
- Stipulation is a written agreement between the parties. If you have agreed on trial details, you can reflect that in your request or attach a signed stipulation when filing.
FAQs
Do you have to file this form to get a trial date?
Yes. This form tells the court the case is ready for trial and what type of trial you want. Without it, the court may not set a trial date. If the other side already filed, you can file a counter-request to correct trial details.
Do you need to serve the other side after you file?
Yes. You must have someone 18 or older who is not a party serve a copy on every other party. Service by mail is common. Keep the proof of service. The court can delay scheduling if notice is not clear.
Do you lose your right to a jury if you do not check that box?
You risk it. The court relies on this form to note a jury demand. If you want a jury, say so here. You are also responsible for any related fees or deposits. If you change your mind, act quickly and notify the court and the other side.
Do you have to list every witness and exhibit on this form?
No. This form asks for issues in dispute and time estimate. You do not have to list witnesses or exhibits here. However, you should plan your witness count when estimating trial time and be ready to follow any later exchange deadlines.
Do you need to finish discovery before requesting trial?
Not always, but the form asks if discovery is complete. If it is not, be realistic about how much time you need. Courts set unlawful detainer trials quickly. Incomplete discovery can stress your timeline.
Do you pay a fee to file this form?
Filing the form itself may not require a separate fee. However, a jury demand may require a deposit. If you have a fee waiver, note it and follow any instructions. Call the clerk for current fees before you file.
Do you have to appear in person after filing this form?
Not immediately. The court will set a date and notify you. You must appear at trial and at any hearings the court schedules. Watch your mail and case portal for notices.
Do you need to request an interpreter on this form?
Yes, if you know you or a witness needs one. Check the space for interpreter needs and state the language. If an interpreter becomes necessary later, notify the court as soon as possible.
Checklist: Before, During, and After the UD-150 – Request-Counter-Request to Set Case for Trial—Unlawful Detainer
Before signing
Case caption details: exact case number, party names, and courtroom (if assigned). – Trial type: decide jury or nonjury; confirm client’s preference. – Time estimate: add hours or days; count openings, closings, and witness testimony. – Issues in dispute: list concise topics (possession, rent, damages, defenses). – Discovery status: what is complete and what remains; expected completion date. – Availability: blackout dates for parties, counsel, and key witnesses. – Interpreter needs: language or sign-language for parties and witnesses. – Contact details: phones and emails for all counsel and self-represented parties. – Settlement status: whether talks occurred; any tentative agreement terms. – Related documents: recent notices from the court; any stipulations about trial. – Service plan: who will serve, how (mail or personal), and when. – Jury fees: check whether a deposit is due and how you will pay it. – Copies: prepare originals and the number of copies you need for service and records.
During signing
Confirm names and addresses match the court’s docket. – Verify you checked the correct box: request or counter-request. – Mark jury or nonjury clearly; do not leave it blank. – Enter a realistic time estimate; avoid vague words like “short.” – List issues succinctly; avoid arguments or evidence here. – Check discovery status and be honest; courts plan based on this. – Add any dates you are unavailable with clear reasons. – State interpreter needs to be precise; include the language. – Sign and date where indicated; print your name and title. – If filing as attorney, include your firm identification and bar number if required. – Attach any stipulation or supporting note if agreed with the other side. – Prepare a proof of service form; fill in names and addresses for mailing.
After signing
File the request or counter-request with the court promptly. – Serve all parties by a nonparty adult; same-day service is best. – Complete and keep a proof of service; file it if the court requires. – Calendar the trial date once you receive a notice; block prep time. – Pay any required jury fees or deposits by the deadline. – Send courtesy emails confirming service and upcoming dates. – Organize your trial file: pleadings, notices, exhibits, and witness lists. – Update your client on expected dates, prep tasks, and attendance needs. – If you settle, notify the court right away to avoid no-shows. – Store a stamped copy of the request and service documents in your case file.
Common Mistakes to Avoid UD-150 – Request-Counter-Request to Set Case for Trial—Unlawful Detainer
Not selecting jury when you want one.
Consequence: You may waive a jury. Don’t forget to check the jury box and plan for any fee.
Underestimating the trial time.
Consequence: A rushed trial or split-day setting. Don’t shortchange time for openings, closings, and witnesses.
Leaving discovery status blank or unrealistic.
Consequence: The court may set trial too soon, squeezing your prep. Don’t guess; give a clear status.
Failing to serve the other side.
Consequence: Delay or denial of your request. Don’t skip service; use a nonparty adult and keep proof.
Omitting blackout dates.
Consequence: A trial date when a key person is unavailable. Don’t forget to list conflicts for counsel and witnesses.
What to Do After Filling Out the Form UD-150 – Request-Counter-Request to Set Case for Trial—Unlawful Detainer
- File the form. Submit your signed request to the clerk through the accepted filing method. If e-filing is required, follow the portal’s steps. If filing in person, bring the original and copies for conforming.
- Serve all parties. Have a nonparty adult mail or deliver a copy to every other party or attorney. Complete the proof of service and keep a copy. If the court requires it, file the proof of service with the clerk.
- Track the trial date. Watch for a notice setting the trial. It may arrive by mail or through the case portal. When you receive it, calendar the date, time, and department. Share the information with your client and any witnesses.
- Handle jury fees. If you requested a jury, pay any deposit by the court’s deadline. Keep the receipt with your file. Missed deposits can affect your jury request.
- Prepare for trial. Begin exhibit organization, witness scheduling, and subpoenas as needed. Draft a short trial outline. Confirm interpreter arrangements. If you cited a time estimate, plan your presentation to fit it without rushing.
- Update the court if facts change. If your availability, time estimate, or interpreter needs change, act quickly. File an updated request or a short notice to clarify. Serve the other side so everyone can plan around the change.
- Address settlement promptly. If you settle, notify the court to avoid a wasted calendar slot. File a dismissal or a stipulated judgment as appropriate. Serve the other side with any filed document and confirm cancellation of the trial.
- Consider a continuance only when necessary. If you need more time due to new developments, request a continuance well before trial. Explain why, propose new dates, and serve all parties. Keep proof of any filing and service.
- Keep your records. Store a stamped copy of the request, the proof of service, and any trial notices. Keep your calendar reminders active. Maintain a prep checklist and update it as you complete tasks.
- Coordinate with your client. Set clear prep deadlines. Review key testimony and documents. Confirm attendance and transportation for the day of trial. Prepare your client for what to expect in a bench or jury setting.
- Plan courtroom logistics. Bring multiple exhibit sets. Confirm technology needs. Arrive early on the trial date. Check in with the clerk as soon as the courtroom opens.
- If the trial date does not work. Notify the court and the other side as soon as you learn of a real conflict. Offer alternate dates and explain the reason. Courts are more flexible when you communicate early.
- If you need to amend the form. File a new request or counter-request, marking the updated selections. Serve it the same way you served the original. Keep the court and parties aligned on the latest information.
- If you do not receive a notice. Follow up with the clerk after a reasonable time. Confirm the status of your filing and whether a date was set. Verify the mailing address on file for your side.
Disclaimer: This guide is provided for informational purposes only and is not intended as legal advice. You should consult a legal professional.