8 But if the thief is not found, the owner of the house must appear before the judges, and they musta determine whether the owner of the house has laid hands on the other person’s property.

Read Exodus 22:8 Using Other Translations

If the thief be not found, then the master of the house shall be brought unto the judges, to see whether he have put his hand unto his neighbour's goods.
If the thief is not found, the owner of the house shall come near to God to show whether or not he has put his hand to his neighbor's property.
But if the thief is not caught, the neighbor must appear before God, who will determine if he stole the property.