Form 18A – Summons to Witness

Jurisdiction: Country: Canada | Province/State: Ontario

What is a Form 18A – Summons to Witness?

Form 18A is the Small Claims Court summons you use to compel a witness to come to court. It tells the person when and where to attend. It can also require them to bring specific records or items. Once issued by the court and properly served with the required fees, it carries legal force.

You use this form in a Small Claims Court case in Ontario. It applies whether you are the plaintiff or the defendant. Self‑represented litigants use it often. Lawyers and paralegals use it as well. It works the same way for individuals and businesses.

You need this form when a witness will not attend voluntarily. Some people are willing to help, but many are not. A business may refuse to release records without a formal court document. A former employee may ignore your messages. A police officer, adjuster, or repair shop may require a summons before appearing. Form 18A covers that gap. It sets a clear obligation to attend and to bring the listed materials.

Typical situations include unpaid invoices, property damage, faulty services, and simple contract disputes. You might summon an eyewitness to a car repair gone wrong. You might require a subcontractor to bring time sheets. You could call a lender to bring account statements. You might ask a former landlord to bring move‑in inspection photos. You can call a treating practitioner to speak to treatment dates and invoices. In each case, the form supports the evidence you need to prove or defend the claim.

A summons is not a shortcut for broad disclosure. It targets a specific witness and specific materials. It is designed for trial or a hearing, not for general information gathering. You must keep the request focused and relevant. The judge expects that discipline.

Form 18A is also helpful when your witness is willing but their employer needs assurance. Many employers ask for a summons before releasing staff to attend. The summons provides that cover. It gives certainty on date, time, place, and scope. Your witness can show it to their manager and plan for time away.

You complete the form, have the clerk issue it, and serve it with the required fees. The witness then attends at the date and time noted. If the witness does not obey, the court can enforce the summons. That enforcement gives the form its power.

When Would You Use a Form 18A – Summons to Witness?

Use a summons when you need a person’s live evidence and they are not guaranteed to appear. If your case hinges on a factual account, serve a summons early. For example, you are a contractor suing for unpaid work. The site supervisor saw the work and signed the completion sheet. You served a summons on that supervisor to ensure attendance and to bring the signed sheet.

If you run a small business defending an overcharge claim, you might need a supplier’s records. The supplier prefers not to get involved. You issue a summons to bring purchase orders, delivery confirmations, and invoices for a specific period. Those records show the real price and delivery dates. The court expects you to target dates and items precisely.

A tenant suing for property damage might need a restoration technician’s notes. The technician may not attend without a summons. You issue the summons and include a narrow list of documents. The list might include the technician’s report, photos, and invoice. The technician then appears and speaks to what they saw and did.

A motorist defending a claim for parking lot damage might summon a lot attendant who saw the event. The attendant is hard to reach. You locate their employer’s address and serve the summons there. The form tells the attendant where to go and what to bring. You include a request for the incident log from that date.

If you are a landlord suing for unpaid utilities, you may need a utility company records custodian. Many utilities require a summons. You prepare a focused request for bills and payment history for a set account number and dates. The custodian brings certified copies and explains the entries. That evidence supports your numbers.

If you are an employee claiming unpaid wages, you may need a payroll manager. The manager can bring pay stubs and time records. They may only attend if summoned. Your summons lists the date range and the specific records. It avoids any fishing for broader company data.

Sometimes you use a summons for someone who wants to help, but their job will not allow it without a legal document. That is common for police officers, nurses, and other shift workers. The summons gives their employer a clear legal basis to release them for the hearing.

In short, you use Form 18A when voluntary attendance is uncertain, when an employer requires it, or when you need third‑party records. You also use it when your case turns on specific testimony or documents that you cannot otherwise secure.

Legal Characteristics of the Form 18A – Summons to Witness

A properly issued and served Form 18A is legally binding. It is a court‑issued document. The clerk signs and seals it. The summons commands the named person to attend at a set time and place. If the form includes a request for records or items, that request has legal force as well.

Enforceability depends on three things. First, the court must issue the form. You cannot issue it yourself. Second, you must serve it correctly on the witness. In most cases, you must serve it personally. Third, you must give the witness the required attendance money and travel allowance when you serve. Without service and fees, the court will not enforce the summons.

If the witness ignores a properly served summons, the court can take action. The judge may adjourn to another date and order compliance. The judge may issue a warrant to bring the witness before the court. The judge may also order costs against the non‑compliant witness. These steps are serious. They underscore that a summons is not a mere request.

The summons does not remove legal privileges. It cannot force disclosure of privileged communications. That includes solicitor‑client privilege and certain medical or settlement communications. It also does not override statutory confidentiality rules without a court order. If privilege or confidentiality is raised, the judge decides the scope. You should keep requests narrow to reduce these disputes.

Relevance and proportionality apply. The court expects you to call witnesses who can offer relevant facts. The judge will not allow a summons used as a pressure tactic. The same expectation applies to document requests. Ask only for what your case needs. Specify exact date ranges and categories. Avoid “all documents” unless that is truly necessary and proportionate.

A summons is not required for parties to the case. The plaintiff and defendant must attend when scheduled. That said, you may still use a summons to require a non‑party custodian to bring a party’s records in their possession. You can also summon a representative of a corporation that is not a party.

Experts in Small Claims Court are rare but possible. If you plan to call an expert, manage that separately and early. A summons can ensure attendance, but you still need to disclose the expert’s report and qualifications on time. The court may limit expert evidence to keep the hearing efficient.

If you misuse the summons process, the court can award costs against you. Misuse includes overbroad document demands, late service that causes adjournment, or summoning a person who has no relevant evidence. You avoid this by planning early, narrowing your ask, and serving with time to spare.

Finally, the summons does not guarantee that the witness will agree with you. It only ensures attendance and production. Treat the witness with respect. Prepare neutral questions. The judge values fairness and focus.

How to Fill Out a Form 18A – Summons to Witness

Start by gathering details. You need the correct court file number and courthouse address. Confirm the hearing or trial date, time, and courtroom, if assigned. Get the full legal name and service address of the witness. If you want records, list them precisely with date ranges.

Begin with the court header. Enter “Superior Court of Justice – Small Claims Court.” Add the court address where your case is filed. Include the court telephone number only if the form asks for it. The header must match your case file.

Add the court file number exactly as it appears on your claim or defence. Do not guess. One digit off creates problems at filing and service. Check your last court document to confirm the number.

Enter the full names of the plaintiff(s) and defendant(s) as they appear on the claim. Do not shorten names. If a party is a corporation, use the full corporate name, including suffixes. This confirms the summons belongs to your case.

Insert the witness’s name and address. Use their full name and a reliable residential or business address. If the witness works for an organization, include the organization name and attention line. Accuracy here is critical for personal service.

Specify the date, time, and place for attendance. Use the scheduled hearing or trial date. Enter the courthouse street address and any room or courtroom number. If a room number is not yet assigned, write the general location, such as “Small Claims Court, main floor.” Do not use “to be determined.” The judge expects clear directions.

If you need the witness to bring records, complete the production section. List each category clearly and narrowly. Identify date ranges, account numbers, and file names. For example, say “Account statements for account 123456, January 1 to June 30, 2024” rather than “all bank records.” Ask only for what you will use. Overbreadth invites objections.

Avoid privileged or confidential content unless you can justify it. If you must seek sensitive records, explain the relevance at the hearing. Keep the scope as tight as possible. The court balances privacy with the need for evidence.

Check for any special attendance needs. If the witness has mobility issues, ensure the location works. If the witness needs an accommodation, plan ahead. Note that the form itself does not record accommodations, but your scheduling choices should reflect them.

Leave the issuance section for the clerk. The clerk signs and seals the summons. Do not sign on the clerk’s line. If the form has a space for the issuing party’s details, complete that section with your name, address, and contact information. The court uses it for communication if needed.

Make copies before you visit the court. Prepare at least three copies: one for service on the witness, one for your records, and one to serve on the other parties. You may need extra copies for document custodians at larger organizations. Keep a clean original for the clerk to issue.

Take the completed form to the Small Claims Court office where your case is filed. Ask the clerk to issue the summons. Be ready to pay the court fee for issuing the summons, if required. The clerk will sign and seal the form. Check that the seal and signature appear on the final issued copies.

Prepare the attendance money and travel allowance for the witness. You must give these to the witness at the time of service. The amount and method follow the court’s rules. Many litigants use cash or a money order. Keep proof of the exact amounts and the date of tender. If you do not tender the fees, the summons is not enforceable.

Serve the witness personally. That means placing the summons and the attendance money directly into the witness’s hands. Do not leave it in a mailbox or with a co‑worker unless the rules allow it and you are certain it qualifies. If the witness is a corporation, serve an appropriate officer or authorized agent. Personal service rules are strict. Plan ahead.

Serve a copy on the other parties as a best practice. This reduces surprise and avoids disputes at the hearing. Use an accepted method of service for parties. Keep proof of when and how you served them.

Complete an Affidavit of Service for the witness. The person who served the summons must swear or affirm the affidavit. Attach any receipts for attendance money. File the Affidavit of Service with the court well before the hearing. Bring a filed copy to court on the hearing date.

Calendar your deadlines. Serve well ahead of the hearing date. Avoid last‑minute service. Short notice increases the chance of non‑attendance and adjournment. Early service also gives you time to address objections or to narrow the document list if needed.

If the hearing date changes, act fast. Notify the witness in writing of the new date and time. In many cases, you should prepare and serve a new summons for the new date. Judges expect clarity. Do not assume the original summons covers the new date unless the court endorses it clearly.

Prepare your questions and exhibits. Plan the witness’s examination in a logical order. Mark the requested documents and bring extra copies. Organize them by date or topic. If the witness brings records directly to court, ask to review them before the hearing starts, if possible.

On the hearing day, confirm the witness is present. If they are not, tell the court immediately. Be ready to prove service and the tender of fees. Have the Affidavit of Service and receipts in hand. The judge may decide next steps based on that proof.

If you receive partial compliance, address it with the judge. Explain what was produced and what is missing. Ask for directions tailored to what you still need. The judge can make orders to complete production or permit you to proceed without it.

After the hearing, return any original documents to the witness unless the court orders otherwise. If the court keeps the documents as exhibits, they will be held in the file. Treat originals with care. Document the return with a simple receipt if appropriate.

If the witness raises privilege or confidentiality, remain calm and focused. Ask the judge to review the scope and relevance. Offer to accept redactions or summaries where possible. Narrowing your ask often resolves the concern on the spot.

Keep your use of Form 18A proportionate to the case. Small Claims Court values efficiency and fairness. A well‑prepared summons, delivered early with the required fees, helps the court hear the real issues. It also shows you are organized and respectful of the process.

If you are uncertain about the rules for service or fees, ask the court clerk for guidance on process information. Do not guess. Correct issuing, service, and fee tender are essential for enforceability. Doing it right the first time saves time and cost.

Legal Terms You Might Encounter

A summons to witness is a court form that orders a person to come to your hearing and, if asked, bring specific documents. With Form 18A, you identify the witness, the hearing date and location, and any records you want the witness to bring. The court must issue the form before it has legal effect.

Issuing means the court reviews your completed form and stamps or seals it to make it official. You prepare the details, but the clerk issues it. Without issuance, your paperwork is just a draft and cannot compel attendance.

Service is how you deliver the issued summons to the witness. For this form, service usually means handing it directly to the witness, called personal service. The goal is to make sure the person actually receives it. Rules on who can serve and timing are strict, so you should plan early.

Personal service means the summons is physically handed to the witness. You do not leave it with a family member, receptionist, or security guard unless the court’s rules allow that alternative. Personal service reduces disputes about whether the witness was properly notified.

Attendance money is the fee and travel allowance that you typically must give the witness at the same time you serve the summons. It compensates basic time and travel. If you fail to include it, the summons may be invalid, and the witness may not have to attend.

An affidavit of service is a sworn statement from the person who served the summons. It explains when, where, how, and to whom the summons was delivered and confirms that attendance money was paid. You file this affidavit with the court to prove proper service.

Exhibits or documents to bring are the specific records you list on the form that you want the witness to produce at the hearing. Be precise. State the documents clearly so the witness knows what to bring and the court can enforce that part of the order.

A hearing is your court date where the judge or deputy judge hears evidence and decides issues. A witness may testify about facts they observed or explain documents. Form 18A is used to ensure they appear and bring the evidence you need.

A clerk of the court is the court staff member who issues the form. The clerk does not give legal advice but will check that your form is complete enough to issue and will affix the court seal. If details are missing, you may be told to correct them.

A seal or court stamp is the mark applied by the court when the summons is issued. It shows the document is official. The stamped, issued form is the only version you may serve on the witness. Keep copies of the sealed form for your file and for the court.

FAQs

Do you need the court to issue Form 18A before serving it?

Yes. You must have the court issue (seal/stamp) your completed summons before you serve it. A draft you print at home without the court’s seal is not enforceable. Bring a clean, completed form to the court for issuance, then make copies of the issued version for service and your records.

Do you have to pay the witness when you serve the summons?

Yes, you usually must give attendance money at the same time you serve the summons. This covers the daily witness fee and travel allowance set by the court. If you do not include it, the witness may not be required to attend. Attach or enclose the correct amount when you hand over the summons and record the details in your affidavit of service.

Can you serve a summons to witness by email or mail?

Not typically. Summonses to witnesses normally require personal service. That means handing it directly to the witness. Service by email, mail, or courier is generally not accepted for this type of document unless a court order or rule says otherwise. Use a reliable process server or a trusted adult who can later swear an affidavit of service.

What if you only need documents, not testimony?

You can use Form 18A to compel a witness to bring specified documents to the hearing, even if you do not need lengthy testimony. Identify the records precisely in the form. At the hearing, you can ask the court to admit the documents. If you later realize you also need testimony, plan to ask questions when the witness attends or consider a separate request if allowed.

How far in advance should you serve the summons?

Serve as early as you reasonably can. Witnesses need time to arrange time off and gather documents. Court rules set minimum timeframes for service. If you serve too close to the hearing, the witness may not have to attend, or you may end up asking for an adjournment. Early service also gives you time to deal with practical issues like travel or scheduling conflicts.

What happens if the witness ignores the summons?

If the witness was properly served and paid attendance money but does not attend, you can ask the court for directions at the hearing. Depending on the circumstances, the court can consider options that may include enforcement measures. Bring proof of service and be ready to explain the steps you took to secure the witness’s attendance.

Can you cancel or change a summons after service?

Yes, but act carefully. If your hearing is rescheduled or you no longer need the witness, notify the witness promptly in writing. If details like the hearing date or location change, you may need to issue and serve a new summons or serve a clear written notice of the change, following the same service standards. Keep records of all communications.

Can you summon someone who lives far away or outside the area?

You can attempt to summon a witness who is outside your local area, but practical and legal limits apply. Service across regions can be complex, travel costs increase, and the court may not enforce attendance if proper rules for out-of-area service are not followed. Consider whether the testimony can be obtained in another way or whether an alternative witness or proof will suffice.

Checklist: Before, During, and After

Before signing

• Gather full witness details: complete legal name, home or work address, and contact information.
• Confirm the hearing date, time, room number, and court address exactly as scheduled.
• Decide what you need from the witness: testimony, specific documents, or both.
• Itemize the documents clearly: titles, dates, account numbers, file references, or other identifiers.
• Calculate attendance money according to the court’s rates; have cash or a money order ready.
• Prepare a neutral, reliable server. Choose someone who can later swear an affidavit of service.
• Print enough copies: one for the court to issue, one for service, and extras for your file.
• Check any special needs: interpreter requests at the hearing are separate; do not add them to the summons.
• Plan your timeline: work backward from the hearing date to ensure proper service and time for follow-up.

During signing and issuance

• Verify all names and spellings on the form, including your name and the witness’s name.
• Check the court file number and case caption for accuracy and consistency with your case.
• Confirm the hearing location and date match your notice of hearing or court schedule.
• Review the “documents to bring” section. Use precise descriptions that are not overly broad.
• Sign where indicated. Do not alter the form’s language.
• Present the form to the clerk for issuance. Ensure the court seal or stamp appears on the issued version.
• Make issued copies immediately so you do not lose the only sealed original.

During service

• Use personal service. Hand the issued summons and attendance money directly to the witness.
• Note the date, time, and exact location of service. Keep a record of what you gave the witness.
• Be respectful and clear. Confirm the witness understands the date, time, and place to attend.
• If the witness refuses to take the documents, explain calmly that you are serving a court-issued summons. Record what occurred.

After service

• Complete the affidavit of service. Include the details of the service and the attendance money provided.
• Swear or affirm the affidavit before a commissioner for taking affidavits, then file it promptly.
• File any additional proof that supports service, such as a receipt or a detailed log by the server.
• Organize your hearing binder: issued summons copy, affidavit of service, and any related correspondence.
• Calendar reminders for the hearing and for any follow-up if the witness raises concerns or scheduling issues.
• Prepare your question outline for the witness and note how the requested documents fit into your case theory.

Common Mistakes to Avoid

Don’t forget to get the form issued before service. Serving an unsigned, unsealed draft is ineffective. You risk the court refusing to enforce the summons, and the witness will not be required to attend.

Don’t skip attendance money. If you do not provide the correct fee and travel allowance at the time of service, the summons may be invalid. You could lose your chance to present important testimony or documents on the hearing date.

Don’t use vague document requests. Broad phrases like “all records” invite confusion and disputes. If the witness brings nothing or too little, your evidence may be incomplete, and you could face adjournment or weakened proof.

Don’t serve too late. Last-minute service can make attendance unreasonable and may not satisfy timing rules. You risk a no-show, a delay, or a denial of any enforcement request.

Don’t miss filing the affidavit of service. If the court has no proof of proper service and payment, it cannot act on a non-attendance. You may be unable to proceed as planned at the hearing.

What to Do After Filling Out the Form

File for issuance

• Bring the completed Form 18A to the court for issuance. Check that the court seal or stamp appears and that the clerk has signed or otherwise completed the issuance.

Make and manage copies

• Create multiple copies of the issued summons. Keep one for service with attendance money, one for your file, and one as a backup. Do not rely on a single original in case it is misplaced.

Serve properly and on time

• Arrange prompt personal service of the issued summons on the witness. Provide the required attendance money at the same time. Record the date, time, location, and what was given to the witness.

Complete and file proof of service

• Prepare a detailed affidavit of service. Include the server’s name, the method of service, the date, time, and place of service, and the amount and form of attendance money paid. Swear or affirm it before a commissioner and file it with the court as soon as possible.

Follow up with the witness

• A brief, respectful follow-up can clarify logistics. You can ask whether the witness received the summons, understands the date and place, and has located the requested documents. Keep communications factual and avoid coaching or discussing testimony content.

Prepare for the hearing

• Draft your questions. Organize exhibits. Prepare short, clear outlines for each topic you plan to cover with the witness. Have spare copies of any documents you intend to show the witness.

Handle changes promptly

• If your hearing date, time, or location changes, notify the witness in writing right away. Depending on the change, you may need to issue and re-serve an updated summons or serve a written notice of the new details using the same service method. Keep proof of any new service.

Consider alternatives if problems arise

• If the witness signals they cannot attend, explore options early. You might adjust the scope of documents requested, consider whether another witness can speak to the same facts, or be ready to ask the court for directions at the hearing.

Bring your proof to court

• Take the issued summons, the affidavit of service, and any receipts or notes on attendance money to the hearing. If the witness does not appear, you will need these to show the steps you took.

After the hearing

• • If the court orders further steps relating to the witness (such as producing additional documents or attending on another date), note deadlines and service requirements immediately. Organize any returned originals or exhibits and store them with your case file.