Notice Of Motion And Supporting Affidavit
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5Instructions for Making a Motion in Small Claims Court
A motion is a request to a judge to make an order about a case. For example, a defendant could ask the
court for more time to send in a defence or a defendant’s claim. Or either party could ask for more time to
serve documents.
Motions can help the parties in a case. They can also make the case take longer and cost more money. If
the judge grants your motion, you can ask the judge to make the other party pay some of your costs. These
costs can include court filing fees, lawyer or agent fees, and expenses for witnesses, photocopying, faxing
and delivery of documents.
Step 1: EXPLAIN what you are asking the judge to do and why. This is done by filling out a Notice of
Motion and Supporting Affidavit form. Contact the clerk of the court to choose a time and date when the
court could hear the motion. The clerk of the court will provide a hearing date and time. Put the date and time
on the form.
Step 2: SERVE. The form must then be served on the other parties at least 7 days before the hearing date.
There are rules about how this must be done. See the Small Claims Court "Guide to Serving Documents"
at the court office or online at Copies of documents attached to the form
must also be served.
Step 3: FILE the Notice of Motion and Supporting Affidavit form at the court at least 3 days before the
hearing date. There is a filing fee. Also file an Affidavit of Service (Form 8A) proving that the other parties
were served.
Motion in Writing for an Assessment of Damages
If all defendants have been noted in default after failing to file a defence, you can bring a motion in writing
for an assessment of damages. You do not have to attend the motion. The judge will make a decision based
on the documents that you filed. If the judge thinks the documents you filed are inadequate, the court may
order you to provide a further affidavit or to attend an assessment hearing. You can also request an
assessment hearing.
For more information, see the "Guide to Motions and Clerk’s Orders" at the court office or online at
DO NOT FILE THIS PAGE
RSCC-15A-E (2015/11)
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