Get a case management order with notice

Provincial Court

Introduction

You'll go to two hearings before you get these orders – a remand hearing and a hearing where the judge considers your application for a case management order. These hearings might be on the same day, so take all the documents and information you want the court to know when you go to your remand hearing.

Fill out Form 10

You'll need

Tick from the list what orders you want. Read the instructions carefully. Give the court as much information as you can.

You'll include the facts you want the court to consider. This is your evidence. You can give evidence by simply telling the judge the on day of your hearing why you want what you want, or you can write it down in an affidavit. See How do you write and affidavit?

Make copies

You'll need:

  • your completed Application for Case Management Order (Form 10)
  • your completed Schedules of Form 10
  • your affidavit, if you have one

Make 3 sets of the documents you've prepared

  • The original forms (with any attachments) for the court
  • A set for you
  • A set for the other person in your case

File the forms

You'll need:

  • All the sets of copies of your documents

Take the documents to the registry where your matter is being heard and give them to the clerk

The registry clerk keeps one set of the documents for the court file copy. They stamp the other copies and give them back to you.

If the registry clerk won't accept your documents, find out why and get legal help.

Give the documents to the other person

You'll need:

You must give (serve) the documents to the other person at least 7 days before the hearing date. 

If  the other person provided an email address, mailing address, or fax number in their filed documents, you can give (serve) the documents to the other person by:

  • Leaving them at their address
  • Mailing by regular mail
  • Emailing
  • Faxing

If the other person didn't provide an address for service, the documents must be personally served. See Serve Provincial Court documents by ordinary or personal service. 

The person who gives the documents to the other person must fill out and sign a Certificate of Service (Form 7).

Attend the remand hearing

You'll need

  • copies of all your documents
  • your notes about your evidence
  • your notes about everything that supports your position

Attend the remand hearing on the date written on the application. During the COVID-19 pandemic, this will probably be a virtual hearing.  Make sure you have all your information with you! If you’ll speak your evidence, have notes so you remember everything you want to say.

You'll see a judge who will decide what day you should have your hearing, and how long your hearing should be. The judge might have time to conduct your hearing the same day. Come prepared!

Attend the hearing

You'll need:

  • copies of all your documents
  • your notes about your evidence
  • your notes about everything that supports your position

Attend your hearing on the date the judge set. During the COVID-19 pandemic, this will probably be a virtual hearing. Make sure you have all your information with you! If you’ll speak your evidence, have notes so you remember everything you want to say.

Tips

  • Fill out the form as thoroughly and accurately as possible.
  • Mention any risk factors if you don't get your order.
  • Be prepared with what you want to say. Write it down before the hearing and bring your notes.
  • Practice what you want to say with a friend.

You've now completed all the steps to get case management orders with notice. Thank you for using our step-by-step guide.