About Small Claims Court Motions.
The Small Claims Court
motion is a formal request made to a judge for an order or judgment.
Most Small Claims Court motions require preparation of a Small
Claims Court Notice of Motion together with an affidavit in support
of the motion. Although, the parties may ask Small Claims
Court judges for any relief, in practice, the most common Small
Claims Court Motions are:
-
Motion to set aside
default judgment;
-
motion for a leave to
extend time to file a Small Claims Court Form;
-
motion to set aside
noting in default;
-
motion for a leave to
file a Small Claims Court Form (defence, plaintiff's claim);
-
motion for a summary
judgment (the motion is used to expedite the matter where the
respondent has no reasonable chance of success at trial);
-
motion to extend time
after receiving Notice to Dismiss Claim as Abandoned;
-
motion to set aside
Order Dismissing Claim as Abandoned;
-
motion to extend time
to pay costs ordered;
-
motion to set aside or
vary a judgment obtained against a party who failed to attend the
trial;
-
motion to hold funds in
court;
-
motion to set aside
garnishment, writ of sale and seizure or other enforcement remedy;
-
motion to set aside
Small Claims Court order;
-
motion for a new trial;
Some of the motion may
be successful only if scheduled immediately. Please call the
lawyer to prepare Small Claims Court Notice, Small Claims Court
Affidavit in support of the Motion, Memorandum of Law in support of
the Motion or to retain the lawyer to attend your motion before a
Small Claims Court.
Small
Claims Court
