Form 13A – List of Proposed Witnesses

Jurisdiction: Country: Canada | Province or State: Ontario

What is a Form 13A – List of Proposed Witnesses?

Form 13A is a Small Claims Court form used in Ontario. You use it to identify the witnesses you plan to call. It tells the court and the other side who will speak at trial or a settlement conference. It also summarizes what each person is expected to say. Think of it as your roadmap for live evidence.

This form supports trial planning and fair notice. It helps avoid surprises. It gives the judge a quick snapshot of the issues and proof. It also allows the other side to prepare proper questions or bring reply evidence. If you are self‑represented, it keeps you organized and focused.

Who uses this form?

Both plaintiffs and defendants. Self‑represented people, paralegals, and lawyers all use it. Small business owners, contractors, consumers, suppliers, landlords, and former tenants use it. So do insured and uninsured drivers in property damage claims. If your case is in Small Claims Court, this form applies to you.

Why would you need it?

Because the court requires it. When a defence is filed, your case goes to a settlement conference. The court expects each party to have a witness list before that step. If the matter does not settle, the trial judge will rely on the list to manage the hearing. Filing it on time also supports requests for interpreters and scheduling. If you do not file a proper list, you risk delays, costs, or limits on your evidence.

Typical use scenarios

An unpaid invoice suit where you plan to call your bookkeeper. It also covers a faulty renovation claim where your site foreman will testify. It applies to a loan repayment dispute where a third party witnessed the agreement. It fits a product defect case where a technician inspected the item. It covers a motor vehicle property damage claim where an estimator assessed costs. In each example, Form 13A ensures the court and the other side know who your witnesses are and why they matter.

Form 13A is not a place to argue your whole case. Keep it practical and focused. Identify each witness. Say, in plain terms, what they saw or did. Provide contact details and a brief summary. Add timing needs and language needs if any. The goal is clarity, not advocacy.

When Would You Use a Form 13A – List of Proposed Witnesses?

You use Form 13A after a defence is filed and a settlement conference is scheduled. The court expects you to serve and file your witness list before that conference. This allows candid settlement talks and early case management. The judge or deputy judge can then estimate trial length and give direction.

You also update and use the form as you head to trial. If your witness plan changes, you should serve an updated list. The court will rely on the latest version to set the trial schedule. Filing it on time helps you secure interpreter services and remote attendance if needed.

Here are practical situations. You are a contractor suing for unpaid work. You plan to call your crew lead and the person who approved the change order. You list both, outline their roles, and attach any scheduling notes. You are a consumer suing a retailer for a defective appliance. You plan to call the service technician and a friend who witnessed the failure. You list both, add a brief summary, and estimate time. You are a landlord suing a former tenant for repair costs. You plan to call your property manager and a contractor. You list them and flag that the contractor is only available Mondays. You are a tenant suing a former landlord for return of a deposit. You plan to call your co‑tenant and a superintendent. You list both and explain who will speak to what. You are a small business defending a claim for unpaid goods. You plan to call your accounts payable clerk and warehouse manager. You list them and outline their evidence on deliveries and payments.

In each example, the form ensures the other side knows who is coming. It also gives the court a basis to manage the time. If your case involves an expert, you still list the expert here. You also serve the expert’s report by the required deadline. The trial judge will expect both.

You may also use Form 13A when the court directs it at another stage. For example, after a conference, the court may order an updated list by a set date. Always follow the latest court endorsement or notice.

Legal Characteristics of the Form 13A – List of Proposed Witnesses

Form 13A is a procedural filing. It is not a contract, and it is not sworn evidence. It does not bind the court on credibility or findings. But it is part of the court record. It triggers duties and consequences under the Small Claims Court Rules.

Is it legally binding? It is binding in the sense that you must comply with the Rules and court orders. You must serve and file the form on time. You must provide honest, accurate information. The court expects you to follow your witness plan unless you update the list. The judge may rely on your list to control the hearing.

What ensures enforceability? The court’s procedural powers. If you fail to serve and file a proper list, the court can make orders. These include adjournments, cost awards, or limits on calling witnesses. The judge may refuse to let you call a witness not on your list, unless justice requires. The judge can also draw an adverse inference from late disclosure. These consequences encourage timely and complete information.

General legal considerations apply. You must give fair notice of who will testify and on what topics. You must not mislead the court or the other side. You should disclose if a witness needs an interpreter. You should flag any scheduling constraints early. If a witness will testify by video, seek permission in advance. If you believe a witness will not attend voluntarily, arrange a summons in time. The court expects professionalism and good faith.

If you plan to rely on an expert, note that extra rules apply. You must serve the expert’s written report by the deadline. The report must set out the expert’s opinions and qualifications. Listing the expert in Form 13A does not replace serving the report. The court can limit expert evidence if you miss deadlines.

Privacy also matters. Use witnesses’ contact details responsibly. Provide enough information to allow service and coordination. Do not attach sensitive personal data unless it is necessary. Keep summaries factual and concise. Avoid argument, opinions, or accusations. Your goal is notice, not persuasion.

Finally, remember proportionality. Small Claims Court is designed for simpler cases. The focus is on efficient, fair resolution. Your Form 13A should reflect that. Keep the list clear. Keep summaries short. Help the court help you.

How to Fill Out a Form 13A – List of Proposed Witnesses

Follow these steps to complete and use Form 13A. Work through them in order. Keep copies of everything you serve and file.

1) Gather the basics

• Get your court file number, as shown on the claim and defence.
• Confirm the court location where your case is filed.
• Check the names of all parties as they appear on the claim.
• Review your documents and identify who needs to testify.
• Note any deadlines in your settlement conference notice or court order.

2) Complete the header

• Enter the court file number exactly.
• Enter the court location.
• Write the full style of cause. Use the same plaintiff and defendant names as on the claim.
• Add your name and contact information as the filing party.

3) List each proposed witness

Create a separate entry for each witness. Include:

• Full legal name. Avoid nicknames.
• Role or relationship to the case. For example, “site foreman,” “bookkeeper,” or “customer.”
• Contact information. Include at least a phone number or email.
• Brief summary of expected evidence. Two to five sentences is often enough.
• Estimated time for direct evidence. Be realistic and concise.
• Language or accommodation needs. Note if an interpreter is required and the language.
• Attendance details. Indicate in person or by video, if you plan to request remote attendance.
• Availability limits. Add dates or times the witness cannot attend, if known.
• Whether you expect to need a summons. Note this if the witness is reluctant.

Keep summaries factual. For example:

• “Will testify that she prepared the invoice, sent it on June 10, and received no payment.”
• “Will testify that he inspected the fence on August 15 and found loose posts and rot.”
• “Will testify that he was present when the loan was made and saw the cash change hands.”
• “Will testify about delivery records showing shipment on May 2 and receipt on May 5.”

Avoid arguments like “this proves the defendant is lying.” Stick to what the witness saw, did, or recorded.

4) Identify expert witnesses, if any

If a witness will give opinion evidence, label them as an expert. State their field, such as “automotive estimator” or “structural engineer.” Confirm that you will serve their written report by the deadline. Provide a short summary of the opinion topic, not every conclusion. For example: “Will opine on cause of water damage and repair cost range.”

5) Estimate time needs

Provide a time estimate for each witness. Most fact witnesses take 10 to 30 minutes. Experts may take longer. Add a total estimate for all your witnesses. This helps the court set the trial length. Be honest. If you over‑estimate, you waste time. If you under‑estimate, you risk being cut short.

6) Align witnesses with your documents

Review your exhibits. Confirm that each witness can speak to the key documents. You may add a brief note in the summary to link them, such as “will identify photos A–D” or “will speak to invoice #1182.” Do not attach the documents to Form 13A. Documents are served and filed separately. But your list should signal which witness covers which topic.

7) Check interpreter and accessibility needs

If a witness needs an interpreter, say so on the form. Include the language and dialect. The court must know early to arrange services. If a witness requires accessibility accommodation, note that as well. Early notice prevents delays.

8) Consider summonses for reluctant witnesses

If a witness will not attend voluntarily, you must arrange a summons. Indicate “summons likely required” in the witness entry. Do not wait until the week of trial. Serving a summons takes time. You may need attendance money for the witness. Your Form 13A is not the summons. It is your notice of intent.

9) Choose in‑person or remote attendance

If you plan to request video attendance for a witness, note that in the entry. Explain why remote testimony is needed, such as distance or health. The court decides whether to permit it. Flagging it on Form 13A helps the court plan.

10) Review for completeness and accuracy

Read the form out loud. Confirm names, roles, and contact details are correct. Confirm each summary states clear, factual topics. Confirm your time estimates make sense. Confirm interpreter notes appear where needed. Inconsistent or vague entries can cause problems later.

11) Serve the form on all other parties

Serve Form 13A on every other party. Do this by the deadline for the settlement conference. If a court order sets a different date, follow that date. Use a method that allows you to prove service. Keep a record of when and how you served it.

12) File the form with the court

File the same version you served with the court office. Include proof of service if required. You may file in person or through the court’s filing system. File by the same deadline used for service. Keep a copy for your records.

13) Update when needed

If your witness list changes, serve and file an updated Form 13A. Do this as soon as the change is known. Late additions risk exclusion or adjournment. An update should clearly replace the prior version. Mark it as “Updated” with the date.

14) Prepare your witnesses

After filing, prepare each witness. Share their summary so they understand their scope. Remind them to speak to facts, not opinions or arguments. Confirm attendance details, timing, and how to access the courthouse or video link. Preparation avoids surprises and keeps evidence focused.

15) Bring copies to court

Bring multiple copies of your final Form 13A to the settlement conference and trial. The judge may refer to it to manage the hearing. It helps you track who has testified and what remains.

Practical drafting tips:

• Use plain language. Avoid technical jargon where possible.
• Be specific on dates, places, and roles.
• Keep each summary to key points only. The witness gives details at the hearing.
• Avoid including legal conclusions. Stick to facts and observations.
• If two witnesses cover the same event, explain how their testimony differs.
• If a witness is only available on certain days, flag it early.

Common pitfalls to avoid:

• Listing only first names or initials. Use full names to avoid confusion.
• Omitting contact details. The other side may need to reach the witness.
• Vague summaries like “will talk about the job.” State what job, when, and which part.
• Missing interpreter notes. This can derail your schedule.
• Unrealistic time estimates. This can lead to rushed evidence or adjournments.
• Late filing. This can result in costs or exclusion of witnesses.

Examples of good witness entries:

• Jane Patel — Bookkeeper, ABC Co. Will testify that she issued invoice #1182 on June 10, sent follow‑ups June 24 and July 8, and received no payment. Will identify account ledger entries and reconcile outstanding balance. Estimated 20 minutes. English. In‑person.

• Luis Romero — Contractor. Will testify that he inspected the unit on August 15, identified water damage from a leaking supply line, and prepared a written estimate of $2,450. Will identify photos A–D and his estimate. Estimated 25 minutes. Spanish interpreter required. In‑person.

• Dr. A. Singh — Automotive estimator (expert). Will opine on cause of front‑end damage and reasonable repair cost range. Expert report to be served by the deadline. Estimated 30 minutes. English. Video attendance requested due to distance.

By following these steps, you give the court what it needs to manage your case. You also give the other side fair notice. That helps settlement and avoids trial delays.

Key timelines to keep in mind

• Before the settlement conference: serve and file Form 13A and your documents. Aim to do this at least two weeks ahead, unless a court notice sets a different date.
• Before trial: update your Form 13A if anything changes. Serve expert reports by the required deadline. Confirm interpreter and attendance details with enough time to arrange them.

Your Form 13A does not need to be perfect. It needs to be clear, honest, and timely. If you discover new information, update it. If a witness drops out, remove them and advise the other side. If you add a new witness, serve the update promptly and be ready to explain the change.

One final point. Use Form 13A to focus your case. Every listed witness should help prove or defend a key issue. If a witness adds little, consider whether they are necessary. The court values efficiency. A shorter, stronger witness list is often best.

Legal Terms You Might Encounter

Witness means any person you plan to call to give evidence at the hearing or trial. On this form, you list each witness you intend to rely on so the court and the other parties know who may testify and what topics they will cover.

Fact witness is someone who personally saw, heard, did, or received something relevant to the claim. You use the form to identify fact witnesses with a short summary of what they will say, such as “saw the delivery on May 2.”

Expert witness is a person with specialized training or experience who gives an opinion to help the court understand technical matters. If you list an expert on the form, you also state the subject area and the issues they will address, like “contractor estimating repair costs.”

Summons to witness is a court document that orders a witness to attend and may require them to bring documents. Listing a person on this form does not force them to come. If a key witness is reluctant, you should plan whether a summons is needed and note that in your preparation.

Interpreter is someone who translates spoken words between languages for a witness or party. If a listed witness needs language interpretation, you indicate this on the form. You also note the language and any dialect to avoid delays.

Accommodation means any support needed to help a person participate fully in the hearing, such as assistive listening devices or other accessibility measures. If a witness needs accommodation, you flag it on the form so the court can plan.

Evidence-in-chief (also called direct examination) is your first questioning of your own witness. The brief topic summary you enter on this form should match the key points you plan to cover during that examination.

Cross-examination is the other side’s questioning of your witness. When you list a witness and describe their topics, assume the other side will cross-examine them on those same subjects. Your form helps everyone plan realistic time estimates.

Hearsay is a statement made outside court, presented to prove the truth of what it says. Small Claims Court uses flexible rules, but hearsay can still raise concerns about reliability. When you summarize a witness’s topics on the form, focus on what they saw or did directly, where possible.

Relevance means the evidence helps prove or disprove an issue in the claim. Your summaries on the form should make the link clear, such as “identifies the person who signed the work order,” so the court sees why the witness matters.

FAQs

Do you have to list every person you might call?

List only the witnesses you intend to call. If you are unsure about someone, assess whether their evidence adds something specific and necessary. Avoid listing people who only repeat the same point.

Do you include yourself as a witness?

You do not list yourself on this form. The form is for other people you plan to call. You can still testify as a party at your hearing or trial.

Do you need full contact details for each witness?

Provide complete and current contact information. This helps everyone schedule and communicate. If you do not have an address, explain how you intend to reach the witness, such as through a workplace or email.

Do you have to attach witness statements or expert reports with this form?

This form lists proposed witnesses and a short description of their evidence. It is not a substitute for sharing documents the rules require. If you intend to rely on an expert opinion, be ready to disclose the expert’s qualifications and report by the applicable deadlines.

Do you need to “summons” every witness you list?

No. Many witnesses attend voluntarily when you notify them. Use a summons if you believe a witness may not attend or you need them to bring documents. Listing a witness here does not guarantee attendance.

Can you change your witness list later?

You can update your list if plans change. File an amended list and send it to the other parties as soon as possible. If you are close to a deadline or the hearing date, you may need the court’s permission, so act early.

How do you estimate how long each witness will take?

Break it down. Consider the number of topics, the documents they will refer to, and whether an interpreter is needed. Include time for your questions and a realistic allowance for cross-examination.

What if a witness can only attend by phone or video?

Note the need for remote attendance when you plan your list and logistics. Arrange the technology details early and be ready to explain why remote testimony is necessary for that witness.

Do you list “character witnesses”?

Only list a character witness if credibility is a real issue and their evidence is relevant. Most Small Claims Court cases focus on facts, contracts, services, and damages. Character evidence often adds little and takes time.

What happens if you don’t file or serve this form?

The court and the other parties lack notice of who you plan to call. You may face scheduling problems, disruption at trial, or limits on calling unlisted witnesses. Filing and sharing the list keeps the process fair and efficient.

Checklist: Before, During, and After

Before signing

Case information:

• Confirm the correct court location.
• Confirm the exact case number and parties’ names.
• Witness lineup:
• Decide which witnesses are truly necessary.
• Avoid duplicates with overlapping testimony.
• Confirm each witness’s availability around the anticipated hearing date.
• Contact details:
• Gather each witness’s full name, mailing address, phone, and email.
• Verify spelling and current information.
• Evidence scope:
• Write a concise topic summary for each witness.
• Link each summary to a specific issue in dispute.
• Time estimates:
• Estimate direct examination time for each witness.
• Add reasonable time for cross-examination.
• Increase estimates if using an interpreter or technical evidence.
• Experts (if any):
• Confirm the expert’s qualifications and subject matter.
• Ensure the expert’s report is ready or scheduled for disclosure.
• Interpreters and accommodations:
• Identify language or accessibility needs early.
• Note the exact language and any dialect.
• Logistics:
• Decide which witnesses need a summons to attend or bring documents.
• Consider whether any witness needs remote attendance.
• Consistency check:
• Make sure your witness topics match the issues in your claim and defence replies.
• Remove witnesses who add no new facts.

During signing

Accuracy:

• Check the case number again.
• Confirm each name is spelled correctly and matches identification.
• Completeness:
• Ensure every needed witness is listed with a topic summary and contact details.
• Confirm time estimates are realistic and not rounded guesses.
• Clarity:
• Use plain, specific language for each witness’s topics.
• Avoid legal jargon or vague phrases like “general evidence.”
• Special notes:
• Mark interpreter and accommodation needs clearly.
• Note any plan to summons a reluctant witness.
• Final review:
• Read the entire list out loud to catch gaps.
• Sign and date where required.

After signing

Filing:

• File the form with the court office handling your case by the required timeline.
• If you amend the list later, file the updated version promptly.
• Notifying:
• Send a copy to every other party the same day you file, or as soon as possible.
• Keep proof that you sent it, including date and method.
• Storing:
• Save a clean copy for your trial binder.
• Keep a digital copy for quick updates.
• Scheduling:
• Calendar the hearing date and any filing or disclosure deadlines.
• Block extra time for interpreter coordination or expert attendance.
• Witness management:
• Notify each witness of the date, time, and location once set.
• Provide practical information, like where to check in and expected waiting times.
• Updates:
• If a witness becomes unavailable, decide fast whether to replace, proceed without them, or request scheduling changes.
• File an amended list and notify the parties if you make changes.

Common Mistakes to Avoid

Listing witnesses with vague topics

Don’t say “will talk about the contract.” Say “signed the contract and witnessed delivery on June 1.” Vague topics make scheduling hard and can invite objections. Specific summaries reduce surprises and delays.

Forgetting to include contact information

Don’t forget addresses and phone numbers. Missing contact details prevent timely notices and can lead to adjournments. Confirm every entry before you file.

Overloading the list with unnecessary witnesses

Don’t list multiple people who all say the same thing. The court may limit repetitive evidence, and the schedule will tighten. Choose the clearest, most credible witnesses for each point.

Underestimating time

Don’t assume each witness takes “5 minutes.” Short estimates can derail the day’s schedule and put pressure on your case. Build in time for cross-examination and interpretation if needed.

Relying on voluntary attendance for reluctant witnesses

Don’t expect a hesitant witness to appear without a court order. If a key witness may not come or must bring records, plan to use a summons and serve it in time. Last-minute fixes risk delays or lost evidence.

What to Do After Filling Out the Form

File the form and notify the other parties

• File your completed list with the court office responsible for your case. Use the filing method allowed for your proceeding.
• Send a copy of the filed list to every other party. Do this promptly to avoid scheduling issues.
• Keep proof of when and how you shared it.

Confirm each witness’s availability and plan attendance

• Contact each witness to confirm the date and time once your hearing is scheduled.
• Provide practical details: location, expected duration, and whether they might wait to be called.
• If a witness may not attend voluntarily, prepare a summons and arrange timely service.

Coordinate interpreters and accessibility

• If a witness needs interpretation, confirm the language and dialect. Share that information with the court as early as possible.
• If a witness needs accommodation, describe the need clearly. Early notice helps the court plan.

Prepare your examination outlines

• Draft a short outline of questions for each witness tied to the issues you must prove.
• Identify the documents each witness will refer to and organize those exhibits.
• Keep your outlines consistent with the witness topics stated on your list.

Manage expert witnesses with care

• Confirm the expert’s fee, availability, and the scope of their opinion.
• Ensure the expert’s report and qualifications are shared by the required timeline.
• Build extra time into your schedule for expert testimony and cross-examination.

Handle documents witnesses must bring

• Decide whether a witness needs to bring original records.
• If so, consider whether a summons should require those records. Be specific about what is needed.
• Organize copies for the court and the other parties.

Review and adjust your plan as the case evolves

• Settlement conferences, disclosures, or new information can change your witness needs.
• If you add or remove a witness, file and share an amended list quickly.
• If a deadline has passed, ask the court for permission to make the change. Explain why it is necessary and fair.

Brief your witnesses on what to expect

• Explain the process: waiting to be called, telling the truth, and answering only the question asked.
• Remind them to bring photo ID if required for building entry.
• Ask them to review any documents they will discuss so they are ready.

Confirm logistics the week before the hearing

• Reconfirm attendance time and location with every witness.
• Verify travel plans, parking, and any remote access instructions.
• Test technology for any witness who will appear by phone or video.

Create a clean trial binder

• Include the filed witness list, your outlines, exhibits, and a schedule.
• Add contact information for every witness so you can reach them quickly.
• Insert a checklist for marking exhibits and noting time used per witness.

Be ready to address changes on the day

• If a witness is delayed, alert the court and the other parties promptly.
• Reorder your witness sequence if needed to keep the hearing moving.
• Track actual time used so you can adjust on the fly.

After the hearing

• Note any witnesses not reached and whether the court set another date.
• Collect contact details for follow-up if the matter is adjourned.
• Keep your materials organized in case you need to return.