Wait and file your documents
Wait for the other party's response
The other party has 14 days after they receive your Notice of Application and Affidavit to respond. Start counting day 1 the day after they were personally served. They respond by serving you with their Application Response (Form F32) and Affidavit.
If they agree with your application
If the other person agrees with what you're asking for, you can either:
- sit down and work out a new agreement together, or
- set a hearing date by filing a Notice of Hearing of Application and both of you show up in court on the date of the hearing and ask for a consent order.
If they don't agree with your application
If the other person opposes the application, they must serve you with their Application Response and Affidavit within 14 days of being served with your documents.
File your court documents
You can file your court documents (set out below) once one of these happens:
- The other party serves you with their Application Response and Affidavit, or,
- 14 days have passed since they received your documents, and they haven't responded.
You'll need:
- Your Notice of Application (Form F31) (3 copies)
- Your Affidavit (Form F30) (3 copies)
- Any other unfiled supporting affidavits you served on the other person and you intend to rely on at the hearing
- A Notice of Hearing of Application (Form F31.1) (3 copies)
- An Affidavit of Personal Service (Form F15), completed by the person who served the other party (2 copies)
- $80 to file a Notice of Application.
Take all the copies of your documents, plus the filing fee, to the registry for filing. A clerk at the registry will take your money, check your documents, stamp them with the court seal, and put the originals into the file for your case. The three copies of the forms will be stamped and returned to you.
See How to fill out an Affidavit of Personal Service
Fill out Notice of Hearing of Application (Form F31.1)
Service - You will set out when you served the other person and when or if they responded.
Date of hearing - You will check the option that applies, that is, whether you and the other person have agreed on the date of the hearing or whether you will serve this Form F31.1 notifying the other person of the date of the hearing at least 7 days beforehand. Or whether the application is by consent (agreed), unopposed (the other party will not argue against it) or without notice to the other party. Without notice applications are only allowed in specific circumstances or cases of urgency.
Duration of hearing - this part asks whether the parties agree to the duration of the hearing. Remember if the hearing will last over 2 hours, you must have Supreme Court Scheduling set the date and special time lines apply for serving Form 31.1.
Jurisdiction - this part asks if your issue can be heard by an associate judge. If you are not sure, ask the Registry.
Orders sought - if you are seeking the same orders as set out in your Notice of Application, set them out here. If you and the other party have agreed on any orders in the meantime, you can set out that those ones are “by consent”.
Serve the Notice of Hearing of Application (Form F31.1)
Once you have filed the Notice of Hearing, serve it on the other person. This will let them know the date of the hearing.
Hearings of 2 hours or less:
You must file and serve this form at least 7 days before the hearing. Make sure you give yourself enough time when you schedule the hearing.
Hearings over 2 hours:
You must obtain a hearing date from the Supreme Court Scheduling. You cannot choose it yourself. After you get the date, you must file and serve the filed Notice of Hearing of Application:
within 7 days of getting the date, and
at least 14 days before the hearing.
If you have questions about the time period ask the registry.