Cal. Civ. Code § 9-109
Trial ex parte. If the defendant does not appear, having been duly summoned as herein provided the trial may proceed ex parte, and may be tried by the court, without a jury
Operative Text
Trial ex parte. If the defendant does not appear, having been duly summoned as herein provided the trial may proceed ex parte, and may be tried by the court, without a jury.
Under 735 Ill. Comp. Stat. 5 § 9-109, if a defendant in an eviction proceeding has been properly served with a summons but fails to appear in court, the case can move forward without them. The judge may hear and decide the matter alone, without a jury, based on whatever evidence the appearing party presents. This is commonly called a default or ex parte proceeding.
Plain English — not legal advice.
Under 735 Ill. Comp. Stat. 5 § 9-109, a landlord who has properly served the tenant with a summons may ask the court to proceed if the tenant does not show up on the scheduled court date. In practice, compliant operators ensure their service of process is documented and meets all statutory requirements before relying on this provision, since a defective summons could undermine an ex parte ruling. Courts in these situations decide the case on the landlord's presented evidence without a jury.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
735 Ill. Comp. Stat. 5 § 9-109 allows a court to rule against a tenant who was properly summoned but did not appear, potentially resulting in a default judgment for eviction. Tenants who miss a court date may have options such as filing a motion to vacate a default judgment, raising improper service as a defense, or contacting a local tenant-rights organization for general guidance. Understanding the summons and court date details is important, as the provision's ex parte process can move quickly once a defendant is absent.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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