Motions in Small Claims Court

Most of a Small Claims Court case moves in a straight line from filing to settlement conference to trial. But sometimes an issue comes up along the way that needs to be decided before the case can properly continue — that's what a motion is for.

What a motion actually is

A motion is a formal request asking the court to make a decision or order about something specific, separate from the final decision on the case itself. It's a procedural tool for resolving a particular issue — often something that needs to be sorted out before the case can properly move toward trial.

Common reasons to bring a motion

• Adding or removing a party from the case.
• Amending a claim or defence to correct or update its contents.
• Resolving a dispute about documents or evidence that the parties can't agree on themselves.
• Asking for more time to complete a required step.
• Seeking to have a claim or defence struck on a specific, narrow basis.
• Asking the court to set aside a default judgment — see default judgments.

Who can bring a motion

Either party to a case — plaintiff or defendant — can generally bring a motion when a specific need arises. It isn't limited to one side of the dispute; it's simply the mechanism available to either party when an issue needs the court's decision before the case can proceed normally.

How the process generally works

1. Identify the specific issue that needs the court's decision, and confirm a motion is genuinely the right tool for it.
2. Prepare the motion materials, explaining clearly what you're asking for and why.
3. Serve the other party with your motion materials, giving them a fair opportunity to respond.
4. Attend the motion, whether in person, in writing, or another format the court directs.
5. Receive the court's decision on the specific issue, and continue the case accordingly.

Responding to a motion brought against you

If the other party brings a motion against you, treat it with the same seriousness as any other deadline in your case — review exactly what they're asking for, and prepare a clear, specific response addressing it. Ignoring a motion doesn't make the underlying issue go away; it just means the decision may be made without your input.

Costs connected to motions

Bringing or responding to a motion can involve its own costs, and depending on the outcome, a court may address who bears those costs as part of its decision. See costs and interest for the general principles behind how courts think about awarding costs.

Is a motion always necessary?

Not every disagreement during a case requires a motion — many procedural issues can be resolved by agreement between the parties directly, without involving the court at all. Consider whether a straightforward conversation or written agreement with the other side could resolve the issue before deciding a motion is necessary; it's often faster and avoids the cost and effort of the motion process.

Preparing a motion well

A well-prepared motion states clearly and specifically what you're asking for, why you're entitled to it, and what facts support your request. Vague or overly broad requests are harder for a court to grant cleanly — the more precisely you frame what you need, the easier it is for the court to address it directly.

Common mistakes

• Bringing a motion for an issue that could have been resolved by agreement between the parties directly.
• Not serving the other party properly with motion materials, creating procedural problems.
• Ignoring a motion brought against you, rather than preparing a proper response.
• Asking for something vague or overly broad, rather than a specific, well-defined request.

Frequently asked questions