O. Reg. O. Reg. O. Reg. Learn about going to small claims court, using instructions and guides to help you with your case. Indiana Rules of Court. Part A — Overview of small claims court 1. (b) at the court’s place of sitting that is nearest to the place where the defendant or, if there are several defendants, where any one of them resides or carries on business. 10.03 A party who wishes to dispute the defendant’s claim or a third party who wishes to dispute the plaintiff’s claim shall, within 20 days after service of the defendant’s claim. that no party that would be affected by the order is under disability. 78/06, s. 21 (2, 3); O. Reg. (vii) changing the place of trial under rule 6.01, (viii) directing an additional settlement conference under subrule 13.02 (3), and. The reasons why the defendant disputes the plaintiff’s claim, expressed in concise non-technical language with a reasonable amount of detail. There are few claims though that may be heard by the court of Queen’s bench judges. 393/09, s. 5 (1). (3) An offer may not be accepted after the court disposes of the claim in respect of which the offer is made. 258/98, r. 14.07 (1). 258/98, r. 20.06 (1); O. Reg. O. Reg. 258/98, r. 8.03 (4); O. Reg. O. Reg. O. Reg. (2) The clerk shall assess the disbursements in accordance with the regulations made under the Administration of Justice Act and in accordance with subrules (3) and (4); the assessment is subject to review by the court. (b) by telephone or video conference in accordance with rule 1.07. (a) under an order or proposal for payment made under rule 9.03; (b) under an offer to settle a claim in return for the payment of money; or. 78/06, s. 48; O. Reg. O. Reg. O. Reg. (9) A person in custody under a warrant issued under this rule shall be discharged from custody on the order of the court or when the time prescribed in the warrant expires, whichever is earlier. 7.03 (1) On receiving the plaintiff’s claim, the clerk shall immediately issue it by dating, signing and sealing it and assigning it a court file number. O. Reg. O. Reg. 258/98, r. 8.05; O. Reg. (5.3) On the filing of the notice and affidavit required by subrule (5.2), the clerk shall issue the notice of renewal of garnishment (Form 20E.1) naming as garnishee the person named in the affidavit. 78/06, s. 45 (8). If a motion is filed in the proceeding, the documents shall be filed in accordance with the following: i. 4.02 (1) An action against a person under disability shall be defended by a litigation guardian. O. Reg. O. Reg. O. Reg. The full names of the parties to the defendant’s claim and, if relevant, the capacity in which they sue or are sued. 461/01, s. 5; O. Reg. O. Reg. 78/06, s. 26; Reg. O. Reg. O. Reg. setting aside the noting in default or default judgment against a party and any specified step to enforce the judgment that has not yet been completed. O. Reg. (23) If the creditor does not file the material referred to in subrule (21), the clerk shall return the money to the garnishee. 3. O. Reg. O. Reg. Reg. 258/98, r. 18.03 (5). 393/09, s. 20 (1). O. Reg. 393/09, s. 5 (2, 3). 78/06, s. 43 (4); O. Reg. O. Reg. (2) If a partnership fails to comply with a notice under subrule (1), its claim may be dismissed or the proceeding stayed or its defence may be struck out. 393/09, s. 1; O. Reg. O. Reg. (4) If the documents are filed with the clerk, the clerk shall forward the documents to the Accountant. 440/10, s. 7 (11). 230/13, s. 9. Subrule 15.01 (6) (motion after judgment). O. Reg. 78/06, s. 27. O. Reg. 18.03 (1) A party who requires the attendance of a person in Ontario as a witness at a trial may serve the person with a summons to witness (Form 18A) requiring him or her to attend the trial at the time and place stated in the summons. Small Claims Court handles Civil cases asking for $10,000.00 or less. (7) The court may, on its own initiative, make the order referred to in paragraph 2.1 of subrule (2) staying or dismissing a motion, if the motion appears on its face to be inflammatory, a waste of time, a nuisance or an abuse of the court’s process. (2) An offer to settle may be in Form 14A, an acceptance of an offer to settle may be in Form 14B and a notice of withdrawal of an offer to settle may be in Form 14C. O. Reg. 258/98, r. 5.01. 2. (1.2) Subrule 7.02 (5) applies, with necessary modifications, to an amended plaintiff’s claim that is filed electronically under subrule (1.1). O. Reg. O. Reg. O. Reg. O. Reg. (a) the clarification and simplification of issues in the action; (b) the elimination of claims or defences that appear to be unsupported; and. Motion to Set Aside or Vary Motion Made Without Notice. [includes amendments up to B.C. (b) a debt payable (whether absolutely or on the fulfilment of a condition) after the notice is served and within six years after it is issued. Instead, the claim shall be retained electronically, and a copy shall be placed into the court file by the clerk only if a request is made by a person in accordance with section 137 of the Courts of Justice Act to see the claim. O. Reg. 258/98, r. 20.08 (16). “debtor” means a person against whom an order for the payment or recovery of money may be enforced. (3) The notice of examination shall be served in accordance with subrules 8.01 (10), (11) and (12). 488/16, s. 1 (2). This information can help you decide if small claims is right for you, show you how to resolve your case without going to court, and more. 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