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