Return Home


How A Case Goes To Small Claims Court

Two parties have a dispute and one of them wants to sue the other.

The Plaintiff (the person wanting to sue) should read the article called:
Plaintiff Information – Should I Sue?

If the Plaintiff wants to pursue the case, he/she should
read the article called: Starting Your Action.

The Plaintiff goes to Court House to file the Claim/Summons.
The Clerk fills out an Intake Form. The case goes
to either Case Management Conference (CMC) or TRIAL.

 
CMC
Plaintiff serves a Notice of Claim on the Defendant. A Defendant Information Sheet and a Dispute Note must be attached. Plaintiff then files an Affidavit of Service at the court office.
 
TRIAL
Plaintiff serves a Notice of Claim on the Defendant. The Preparing for Trial document must be attached. Plaintiff also gets a copy.

Parties attend Case Management Conference.
If no settlement is reached, the case
proceeds to trial. Plaintiff and Defendant receive Preparing for Trial.

TRIAL