FAQ | Small Claims CourtProvincial Court | Saskatchewan
Courts of Saskatchewan
Small Claims Court | FAQ
I have been served a Summons. What will happen if I don't show up for Court?
The Judge will likely grant a judgment to the Plaintiff for the total amount of the claim.
How do I get witnesses to attend Court on my behalf?
If they are willing to come on their own, you can simply ask them to attend Court on the specified date and time. If you wish, you can have the Court Office prepare a subpoena that compels them to attend.
This costs $10. You would be responsible for serving the subpoena on the witness and for paying them the prescribed fee of $15 plus mileage if the witness lives more than 10 kilometres from the location of where the witness is attending Court.
My case has been scheduled for a trial but my witness is unable to attend Court. Is it okay to just bring a written statement from this witness to Court?
Written statements are not typically accepted. Evidence should be provided in person, by the person who knows the information first hand. This is because the other party has a right to cross-examine the witness and this cannot be done without their being present in Court. In some circumstances, some Court offices allow witnesses to give evidence over the telephone so you may wish to check with the Court Office.
It is also important to note that except in exceptional circumstances in the discretion of the judge, you cannot repeat what someone else has told you (unless that person is the other party to the case). If this information is important, that person needs to attend.
Do I have to make an appointment to file my Claim?
It is recommended that you call before your arrival at the court office.
Provincial Court offices are open from 8:30 am to 4:30 pm and appointments are not always necessary. However, it is helpful to call ahead. You can save time by confirming that the Small Claims Clerk will be available when you arrive. This is particularly so if you wish to attend over the noon hour.
You can find a list of court offices and their phone numbers here.
What kinds of Court costs are recoverable?
The Court has a wide discretion to allow costs other than legal fees. For example, costs may be awarded for:
- the prescribed fee for issuing a summons or a third party claim;
costs incurred to effect service;
- fees paid to a witness;
- telephone charges;
- costs incurred to obtain a Corporate Registry Profile Report.
I live in one province and the person I wish to sue lives in another province. Where should I take my case?
If you choose to be tried in Provincial Court, you will be asked whether you plead guilty or not guilty. If you plead not guilty, the judge will set a date for your trial. The judge will also ask the Crown to provide all information it has on the matter to you or your legal counsel. This is called “disclosure”. If you are acting on your own behalf, without a lawyer, you have the right to speak to a Crown prosecutor about your matter. If you have a lawyer, he or she will talk to the Crown instead of you.
If you plead guilty, the next step is sentencing.
What is the fee for filing a claim?
The fee for filing a claim is $100.
What is the fee for filing a reply to a claim?
The fee for filing a reply is $50.
How can I pay my filing fees?
Fees can be paid at the court office with cash, cheque, or credit card. Cheques can be made payable to “Small Claims Court”. Please do not send cash in the mail.
If you are filing your claim by mail, please ensure that you include your telephone number so that the staff can contact you when needed.
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