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Motions and clerks orders

Introduction

A motion is a way to ask a court to make an order on a legal matter before or after judgment is made.

For example, you can "make a motion":

  • asking for an order to resolve an issue in your case.
  • asking for direction on how to proceed in your case.
  • asking to change an order than has already been made.
  • asking to be allowed extra time to file your defence - Even if the deadline has passed, you may be allowed if you only just learned that you are being sued.
  • asking to transfer the matter to another court location.
  • asking to reduce the amount of your income that is subject to garnishment.

To make a motion:

  • You must complete a Notice of Motion explaining what order you are asking for and the motion time, date and place.
  • You must complete a Supporting Affidavit explaining why you are asking the court to make an order, and swear or affirm in front of a commissioner for taking affidavits that your affidavit is true.
  • You must pay a filing fee, but if you can ask for a Fee Waiver if you can't afford the fee.
  • You must serve a copy of your Notice of Motion and Supporting Affidavit (also known as Motion Materials) to the other parties in your case.
  • Whoever served your motion materials to the other parties must complete an Affidavit of Service as proof that your motion materials were served.
  • You must file your Notice of Motion, Supporting Affidavit and Affidavit of Service with the court.
  • You must obey the deadlines for serving and filing your motion materials.
  • Motions can be requested informally at the Settlement Conference or at the outset of a Trial.
  • It is important that you attend a motion hearing once it is set, or you will loose by default and costs may be ordered against you.
  • There may be cost consequences of filing a motion if you are unsuccessful.
  • Making a motion in Small Claims Court can be complicated. You should seek legal assistance before starting this process.

Learn more

  1. Decide if your legal problem relates to motions and clerks orders in Small Claims Court.
  2. Read Frequently Asked Questions (FAQs) to learn more about motions and clerks orders in Small Claims Court.
  3. Follow the Steps for instructions on how to bring a motion or request a clerks order in Small Claims Court.
  4. Review the Resources to find new and in-depth legal information about your problem.
  5. See the Links for news and other helpful websites.

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DisclaimerLast updated 07/30/2009