Warrant for Arrest of Defaulting Witness (Form 18B) – Rules of the Small Claims Court Forms – Ontario Court Services

The “Warrant for Arrest of Defaulting Witness” (Form 18B) is a legal document used in the Ontario Superior Court of Justice, specifically within the Small Claims Court. This form authorizes the arrest of a witness who has failed to attend or remain in attendance at a trial despite being duly summoned and having received the required attendance money. This document also includes the judge’s signature and the date of issuance. Additionally, it provides a bilingual note directing users to the Ontario court forms website for accessible formats of the form.

Form 18B is used by the Ontario Superior Court of Justice within the Small Claims Court to mandate the arrest of a witness who has failed to appear or remain at a trial despite being summoned. Here are step-by-step instructions to help you complete this form:

Court Information

1. • Small Claims Court: Enter the name of the Small Claims Court.
   • Address: Provide the court’s complete address.
   • Phone Number: Include the court’s contact phone number.
   • Claim Number: Enter the claim number associated with the case.

Case Details

1. • Between: Enter the names of the plaintiff(s) and defendant(s) as they appear in the court documents.

Witness Information

1. • Name: Fill in the full name of the witness who failed to attend or remain at the trial.
   • Address: Provide the last known address of the defaulting witness.

Certification of Summons and Payment

1. • Confirm that the witness was served with a Summons to Witness (Form 18A) and that the prescribed attendance money was paid or tendered. This section is a statement confirming that the required steps to notify the witness were followed.

Order to Arrest

1. • This section outlines the instructions to police officers and correctional officers in Ontario. It states that the witness should be arrested and brought before the court to give evidence. If immediate court appearance is not possible, the witness should be detained in a provincial correctional institution or other secure facility until they can appear in court.

Judicial Signature

1. • Day, Month, Year: Enter the date when the warrant is issued.
   • Signature of Judge: The judge issuing the warrant will sign here.

Additional Information

1. • The form also includes a bilingual note directing users to the Ontario court forms website for accessible formats of the form.

Key Points to Remember

• Ensure all information is accurate and complete to avoid delays in processing the warrant.
• The form must be signed by a judge to be valid.
• Keep a copy of the completed form for your records.

Visit the Ontario court forms website at www.ontariocourtforms.on.ca for accessible formats and further guidance.