Summons to Witness (Form 18A) – Rules of the Small Claims Court – Ontario Court Services

Summons to Witness (Form 18A) is a legal document used in the Ontario Superior Court of Justice, specifically within the Small Claims Court. This form mandates the attendance of a witness to provide testimony at a specified trial. The form emphasizes the legal obligation of the witness to appear in court and the potential consequences of non-compliance.

Form 18A is an official document used in Ontario’s Superior Court of Justice for Small Claims Court cases. Follow these steps to accurately complete the form:

Step-by-Step Instructions

Court Information

1. • Small Claims Court: Enter the name of the Small Claims Court.
   • Address: Provide the complete address of the court.
   • Phone Number: Include the court’s contact number.

Claim Information

1. • Claim Number: Write the unique claim number assigned to the case.

Parties Involved

1. • Plaintiff(s)/Creditor(s): Enter the full name(s) of the plaintiff(s) or creditor(s).
   • Defendant(s)/Debtor(s): Enter the full name(s) of the defendant(s) or debtor(s).

Witness Information

1. • Name of Witness: Fill in the full name of the person being summoned as a witness.

Trial Details

1. • Date and Time: Specify the exact date and time when the witness is required to attend court.
   • Address of Court Location: Provide the full address where the court hearing will take place.

Document Requirements

1. • Documents to Bring: Clearly identify and describe any documents or items the witness is required to bring to the trial. List all relevant documents or things in the possession, control, or power of the witness that are needed for the trial.

Issuance

1. • Date of Issuance: Write the date on which the clerk issues the summons.
   • Signature of Clerk: The clerk issuing the summons will sign here to validate the document.

Notice of Service

1. • Ensure the summons is served personally to the witness at least 10 days before the trial date. Include attendance money calculated according to the Small Claims Court Schedule of Fees.

Accessibility Information

1. • Contact Information for Accessibility Services: If applicable, include the contact numbers for court services for individuals with disability-related needs.

Final Check

1. • Verify Information: Double-check all entries for accuracy and completeness.
   • Review Legal Notice: Make sure the witness understands the legal implications of failing to comply with the summons.

Additional Tips

• Serving the Summons: Ensure that the summons is served according to legal requirements, including the provision of attendance money.
• Attendance Money: Calculate and provide the correct amount of attendance money as specified by the Small Claims Court Schedule of Fees.
• Follow-up: Confirm receipt of the summons with the witness and remind them of their obligations and the trial date.

By carefully following these instructions, you can ensure that Form 18A is completed accurately and serves its intended legal purpose.