What is a motion in Small Claims Court?

A motion is a formal request to a judge to make an order about your case. Anyone who is a party to a case can make a motion.

Motions can be helpful towards your matter, however, be mindful it may prolong your matter and cost more money.

Examples of motions in Small Claims Court:

  • A defendant could ask the court for more time to send in a Defence or a Defendant’s Claim.
  • A party could ask the court to resolve a specific issue in the case, for example to extend time to pay costs ordered by the court.
  • A party could ask the court to change an order that has already been made. For example, the defendant could ask the judge for an order to overturn default judgment granted against him or her.
  • The defendant could ask the judge for an order stating that the money owed has been paid in full, or goods returned.

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