SJ 837A – Statement in Lieu of Testimony

Jurisdiction: Country: Canada | Province or State: Quebec

What is a SJ 837A – Statement in Lieu of Testimony (Quebec)?

The SJ 837A is a sworn written statement you submit to the Quebec small claims division or a similar civil process instead of presenting a witness in person at the hearing. In plain terms, it lets a witness put their testimony in writing. The witness signs under oath or solemn affirmation before an authorized official. The judge can then read and consider the statement as evidence at the hearing.

You use this form when you want the facts from someone who saw, did, or recorded something relevant to your case, but you do not plan to bring that person to court to testify live. The statement can cover first-hand facts, the authenticity of documents or photos, business records, or the details of an estimate or invoice.

Who typically uses this form?

Self-represented plaintiffs and defendants in small claims. Business owners and employees who need to present records or account facts. Landlords, tenants, contractors, service providers, consumers, and insurers involved in small disputes. Any party who wants to present credible facts from someone who cannot attend the hearing or whose in-person testimony would be costly or inconvenient.

Why would you need this form?

It can save time and expense. It can secure evidence from someone located far away. It can bolster your case with solid facts, especially where documents need context. For example, you may have a mechanic’s estimate or a contractor’s site log. The person who prepared those records can confirm their contents and how they were created through a statement. You reduce the risk that the judge will give your documents little weight because no one explained or authenticated them.

Typical usage scenarios:

• You sue for an unpaid invoice. Your bookkeeper prepares a statement confirming the balance, the ledger entries, and the credit applied. They attach the client account statement as exhibits.
• You defend a claim about poor workmanship. Your subcontractor describes what instructions you received from the client, what you delivered, and which extras were authorized. They annex dated photos and time sheets.
• You dispute a security deposit deduction. Your building superintendent states the condition of the unit on move-out with dated photos, and confirms the cost of repairs using vendor invoices.
• You seek compensation for property damage. The building manager or neighbor explains what they saw on a specific date and time and identifies the person involved.
• You claim lost income after an incident. An HR representative confirms your hourly rate and the days you missed, with a pay stub and attendance record attached.
• You want to authenticate digital evidence. An IT technician explains how screenshots or metadata were captured, with relevant logs.

In each case, the witness signs the SJ 837A under oath or solemn affirmation before a commissioner for oaths or similar authorized person. The statement then becomes part of your evidentiary package for the hearing.

When Would You Use a SJ 837A – Statement in Lieu of Testimony (Quebec)?

Use the SJ 837A when a witness’s live testimony is not practical or necessary, but their facts still matter. This often occurs in small claims where the amounts at stake do not justify bringing multiple witnesses to court, or where a witness is out of town, has limited availability, or is uncomfortable attending.

As a business owner, you may use the form to present routine, factual matters. For example, your accounts receivable clerk confirms the exact balance due, sets out the invoice and payment history, and explains how your system records transactions. As a contractor, your project lead can describe site conditions, change orders, and materials used, and attach job photos labeled by date. As a landlord, your superintendent can walk through the condition of a unit on possession and move-out, with supporting images and a repair invoice. As a tenant, your neighbor can document repeated noise issues, dates, times, and the steps taken to resolve them. As a consumer, your auto technician can outline the diagnosis, required repairs, and why certain parts were necessary and reasonably priced.

The form is also useful for authenticating documents: a custodian of records confirms a business record was created in the ordinary course of business, at or near the time of the events it records. This helps the judge rely on the record without needing the custodian to attend.

Use the SJ 837A when you anticipate little dispute over what the witness would say, or when the facts are technical or administrative. The judge can still give weight to the statement, and the other party can decide whether they want the witness called for cross-examination. If credibility is central and heavily disputed, expect the judge to prefer live testimony. In those cases, you can still file the statement to outline the key facts, and be ready to produce the witness if asked.

Legal Characteristics of the SJ 837A – Statement in Lieu of Testimony (Quebec)

The SJ 837A is a sworn or affirmed declaration. It is evidence. It is legally binding in the sense that the witness attests to the truth of the facts under oath or solemn affirmation before an authorized official, with legal consequences for false statements. Because the statement is sworn or affirmed, the judge can rely on it similarly to in-court testimony, subject to weight and fairness.

Enforceability and admissibility rest on proper formalities:

• The statement must identify the case and parties clearly. It must be tied to your file number and judicial district so the registry can place it on the right record.
• The witness must sign in the presence of an authorized official who administers the oath or affirmation. That official completes the jurat, which states the place and date of the oath or affirmation and confirms their authority. The jurat is essential.
• The contents must be confined to facts the witness knows first-hand, or, if describing records, how those records were created and kept. Opinion evidence is limited unless the person has special knowledge and the opinion is necessary. Keep the content factual.
• Any exhibits referenced in the text must be attached, labeled, and clearly identified. The witness should initial each exhibit to connect it to the statement.

A judge may refuse or minimize a statement that does not meet basic reliability standards. Examples include unsigned or unsworn statements, illegible content, missing dates, or statements that contain speculation, hearsay without foundation, or argument instead of facts. Timeliness matters too. Late filing can be excluded or given little weight if it prejudices the other side.

The other party retains the right to challenge the statement. They may ask that the witness be called to testify and be cross-examined at the hearing. The judge can order that attendance if fairness requires it. The judge decides how much weight to give the statement, considering credibility, clarity, consistency with other evidence, and whether the other side had a fair chance to respond.

Language is also a legal consideration. Use one of Quebec’s official languages. If the witness cannot write in that language, provide a translation. The judge needs to understand the contents without delay. Keep personal information to what is necessary. Redact account numbers, full birthdates, or other sensitive data that do not add probative value. Do not include settlement communications or privileged content.

Finally, the statement should not be signed in advance or altered after the oath or affirmation. Any corrections must be made before the authorized official, and initialed by the witness and the official. Number all pages. If the witness has limited capacity or is a minor, address capacity and ensure the statement is appropriate for the case. For a corporation, the witness should state their position and authority to speak to the records or events.

How to Fill Out a SJ 837A – Statement in Lieu of Testimony (Quebec)

Follow these steps to complete the SJ 837A accurately and persuasively.

1) Confirm the form is suitable

• Ask whether the witness’s evidence is primarily factual, not credibility-driven.
• Ensure you can live with the possibility the judge will order the witness to attend if requested.
• If the witness’s testimony is the heart of your case, plan for live testimony even if you file the statement.

2) Gather file details

• Have your file number, judicial district, and party names exactly as they appear on your court documents.
• Note the hearing date if set. You should file and notify the other side well before the hearing.

3) Identify the witness

• Use the witness’s full legal name, residential or business address, and reliable contact information.
• State the witness’s occupation and relationship to the case. Examples: “I am the plaintiff’s bookkeeper,” “I am the building superintendent,” “I am an auto technician.”

4) Complete the heading

• Enter the court file number and the names of the plaintiff(s) and defendant(s) in the same order as the claim.
• Identify that the document is a “Statement in Lieu of Testimony.” Use the form’s title block.

5) Write the body in numbered paragraphs

• Be concise and chronological. Stick to facts the witness saw, did, or recorded.
• Use dates, locations, and amounts. Example: “On 12 March 2024, I inspected Apartment 3B. I observed holes in the drywall of the living room. I took the photos attached as Exhibit A.”
• If relying on records, state how the records are created and kept. Example: “I am responsible for the company’s accounts receivable. The ledger entries are made at the time of each transaction in the ordinary course of business.”
• Avoid speculation and argument. Do not write, “The defendant always lies,” or “This proves negligence.” Write what was observed or recorded.

6) Refer to exhibits clearly

• Label each attachment in the text as Exhibit A, B, C, etc.
• On each attachment, add a cover page or notation: “Exhibit A to the Statement of [Name] dated [Date].”
• The witness should initial each exhibit page. Attach copies, not irreplaceable originals, unless the court has instructed otherwise.

7) Explain unavailability or practicality (if the form provides a field)

• If relevant, state briefly why the witness will not attend. Example: “I work in Val-d’Or and cannot appear in person on weekdays,” or “The cost of travel is disproportionate to the amount at stake.”
• Keep it factual and short. The judge can assess whether a written statement is appropriate.

8) Add any required declarations about honesty and understanding

• The form includes a certification that the contents are true. Use it as written.
• If the witness needs an interpreter to prepare or understand the statement, note that and identify the language used. Ensure the content reflects what the witness actually knows.

9) Choose oath or solemn affirmation

• The witness may take an oath (religious) or a solemn affirmation (non-religious). Both have the same legal effect.
• Do not sign the statement yet. The witness must sign in front of the authorized official.

10) Appear before an authorized official

• Bring government-issued photo ID. Bring the completed but unsigned statement and all exhibits.
• The official will confirm identity, administer the oath or affirmation, and see the witness sign.
• The official completes the jurat: place, date, their name, capacity (for example, commissioner for oaths), and signature. They may stamp or note an authorization number if applicable.

11) Finalize formatting and pagination

• Number each page of the statement (e.g., 1 of 4, 2 of 4).
• Initial each page in the margin. Ensure exhibits are securely attached and labeled.
• Check that names, dates, file number, and district are correct. Correct any typos before signing. Do not use correction fluid; strike through, write the change, and initial next to corrections if needed.

12) Make copies

• Keep the original for filing. Make at least two copies: one for you and one for the other party.
• If your hearing will be virtual or hybrid, also scan a clean PDF. Ensure scans are legible.

13) File and notify the other party

• File the statement with the registry for your file. Do this well ahead of the hearing so the judge and the other party can review it.
• Deliver a copy to the other party by an accepted method. Keep proof of delivery. Your proof can be a delivery receipt, an acknowledgment email, or an affidavit of service if required.
• If the other party asks that the witness attend for cross-examination, be ready to arrange attendance. If attendance is impossible, be prepared to explain why and propose alternatives.

14) Prepare for the hearing

• Bring the filed statement, exhibits, and your proof of delivery.
• Be ready to summarize why the statement should be accepted and how it supports your claim or defense.
• If challenged, explain the witness’s role, how they have first-hand knowledge, and why a statement is fair in the circumstances.

15) Special content tips for common users

• Business owners and bookkeepers: Include your role, how you keep records, and attach the customer ledger, invoices, and payment history. Identify the opening balance, each transaction date, and the closing balance.
• Landlords and superintendents: Note inspection dates, who attended, and specific conditions observed. Photos should be time-stamped where possible and taken in sufficient light and detail. Attach repair quotes or invoices and explain how the costs were calculated.
• Tenants and neighbors: Keep a log of dates and times of issues (noise, smoke, water leaks). Attach a copy of the log and refer to it in your statement. Focus on what you personally observed.
• Contractors and trades: Describe the scope of work, change directives, materials, and site conditions. Attach signed work orders, emails authorizing extras, and photos. Explain industry terms briefly for clarity.
• Technicians and estimators: State your qualifications and experience only to the extent needed to explain your observations and cost estimates. Attach the estimate or report and explain the methodology in plain language.

16) Common mistakes to avoid

• Do not submit an unsigned or unsworn statement. It has no evidentiary value.
• Do not omit the file number or parties’ names. The registry may not be able to file it properly.
• Do not pack the statement with argument. Save argument for your hearing. Keep the statement factual.
• Do not attach unlabeled exhibits. The judge needs to match each exhibit to the paragraph that mentions it.
• Do not wait until the last minute. Late filing risks exclusion or adjournment.
• Do not include sensitive personal data that is not necessary. Redact as appropriate.

Practical example of effective drafting

• Poor: “The work was terrible and they owe me money.”
• Better: “On 5 May 2024, I replaced the kitchen faucet at 123 Main Street. I tested for leaks for 10 minutes and observed none. On 8 May 2024, the defendant reported a leak. I inspected the same day and found the supply line hand-tightened only. I tightened it with a wrench. Photos taken on 8 May 2024 are attached as Exhibit B.”

In short, the SJ 837A lets you place clear, sworn facts before the judge without the logistics of live testimony. Use it to authenticate documents, explain records, and present routine but important facts. Complete it carefully, swear or affirm it properly, file and notify in time, and be ready to call the witness if fairness requires it.

Legal Terms You Might Encounter

• Statement in lieu of testimony means a sworn written account used instead of live testimony. On this form, you set out facts you know, sign under oath or affirmation, and submit it for the judge to read.
• Declarant (or deponent) is the person who signs the statement. If you are the witness, you are the declarant. You must state your full name and contact details on SJ 837A.
• Oath or solemn affirmation is the formal promise that your statement is true. You can swear a religious oath or make a non‑religious affirmation. You complete this step in front of an authorized official and then sign the form.
• Commissioner for oaths or notary is the official who receives your oath or affirmation. Many lawyers are also commissioners. Court clerks may act in this role in some settings. Your signature on SJ 837A must be taken by an authorized person, who also signs.
• Personal knowledge means facts you observed or experienced yourself. SJ 837A should focus on personal knowledge. If you include second‑hand information, explain how you know it and why it matters.
• Exhibit (or attachment) is a document, photo, invoice, or screenshot that supports a fact in your statement. You label exhibits clearly, refer to each one in the text, and attach them to the form. Exhibits should be legible and complete.
• Hearsay is information you got from someone else. Courts give hearsay less weight. Small claims rules can be more flexible, but the judge still decides how much weight to give it. If you include hearsay, be clear and explain the source.
• File number (or docket number) is the court number assigned to your case. Always place the exact file number on SJ 837A and on each exhibit. This ensures the clerk can match your statement to the right file.
• Service means giving a copy of your signed statement and exhibits to the other party. You must serve every party in the case. Follow the service instructions on the form or from the clerk, and keep proof of service.
• Perjury or false declaration is lying under oath or affirmation. It is a serious offence. If the judge finds your statement untruthful, you may face penalties, credibility issues, or case sanctions. Sign only when you are certain your facts are correct.

FAQs

Do you need to appear in court if you file SJ 837A?

Not always. The judge can accept a sworn written statement instead of live testimony. The judge may still require your attendance. You should remain available for questions. If you cannot attend, mention that and explain why in your statement.

Do you need a commissioner for oaths or notary?

Yes. You must sign SJ 837A under oath or affirmation before an authorized official. Many lawyers and notaries can do this. Some court offices may provide access to an official. Bring valid photo ID to the appointment.

Do you attach exhibits, and how do you label them?

Attach only relevant and legible exhibits. Label them as Exhibit A, Exhibit B, and so on. Refer to each exhibit in your statement where you discuss the related fact. Initial each exhibit and include the file number on every page.

Do you file the statement electronically or on paper?

Many courts accept electronic filing. Some require paper filing or both. Check the instructions on the form and any directions from the clerk. Name your files clearly if filing electronically. Keep your original signed copy safe.

Do you need to translate documents or the statement?

Use the language of the court file when possible. If you rely on documents in another language, include a clear translation or summary. The judge can ask for a translation if needed. Make sure names, dates, and amounts are exact.

Do you use SJ 837A for any case type?

Use it where written testimony is allowed, often in civil or small claims matters. Different case types can have different rules. The judge decides what evidence to accept and what weight to give it. When in doubt, ask the clerk about procedure.

Do you need to serve the other party, and how?

Yes. You must serve every party with your signed statement and exhibits. Use the service methods allowed by the court. Common methods include mail, delivery, or electronic service. Keep proof of service and note the date.

What if you made an error after signing?

Do not alter the signed statement. Prepare a new, corrected statement or a supplemental one. Mark it as a replacement or supplement, and explain the change. File and serve the corrected version as soon as possible.

Checklist: Before, During, and After the SJ 837A – Statement in Lieu of Testimony (Quebec)

Before signing

• Confirm you may use a written statement in your case type.
• Check any deadline for filing and serving the statement.
• Gather case details: court, division, and file number.
• Confirm names and roles of all parties.
• List the facts you know first‑hand. Keep it chronological.
• Identify any necessary exhibits. Collect final, legible copies.
• Mark confidential items and consider redaction where appropriate.
• Verify dates, amounts, addresses, and contact details.
• Prepare a short explanation if you cannot attend the hearing.
• Book an appointment with a commissioner for oaths or a notary.
• Bring acceptable photo ID for the commissioning appointment.
• Confirm how you will file: electronic or paper.
• Confirm how you will serve the other parties.
• Prepare a proof of service form or method.

During signing

• Place the correct file number on the form and each exhibit.
• Confirm your full legal name and address are accurate.
• State your relationship to the parties and the events.
• Keep each fact clear, specific, and in your own words.
• Refer to each exhibit exactly where relevant in the text.
• Avoid argument. Stick to facts and what you personally observed.
• Read the statement out loud before signing.
• Sign only in front of the commissioner or notary.
• Choose oath or affirmation as you prefer.
• The commissioner or notary fills in their details and signs.
• Initial each exhibit and ensure it is attached and labeled.
• Note the signing date and the city or municipality.

After signing

• Make a complete copy set: statement and all exhibits.
• File the statement with the court within the deadline.
• Serve every party with the same set you filed.
• Keep proof of filing and proof of service.
• Confirm with the clerk that your filing appears on the docket.
• Store the original signed statement in a safe place.
• Calendar the hearing date and any response deadlines.
• Prepare to answer questions if the judge requests attendance.
• Monitor for any objections or responses from the other side.
• If you discover an error, prepare and file a corrected version.
• Update your witness list if your statement replaces live testimony.
• Bring a spare copy set to any hearing or conference.

Common Mistakes to Avoid SJ 837A – Statement in Lieu of Testimony (Quebec)

• Leaving out the file number
• Consequence: The clerk may not match your statement to the case. It can be rejected or misplaced. Don’t forget the file number on the form and each exhibit.
• Skipping the oath or affirmation
• Consequence: An unsigned or uncommissioned statement has little or no evidentiary value. The judge can ignore it. Always sign before an authorized official.
• Arguing instead of stating facts
• Consequence: Argument weakens credibility and clarity. The judge may give it little weight. Keep to facts you observed and explain the timeline.
• Forgetting to serve the other party
• Consequence: The court may refuse to consider your statement. It can delay your case. Serve all parties and keep proof of service.
• Attaching unreadable or incomplete exhibits
• Consequence: Illegible documents can be disregarded. Key facts may not be proven. Use clear copies, include full pages, and label exhibits properly.

What to Do After Filling Out the Form SJ 837A – Statement in Lieu of Testimony (Quebec)

File with the court

• File the signed statement and all exhibits by the required deadline.
• Use the filing method the court accepts. Follow any format rules.
• Confirm receipt. Ask the clerk to verify the filing appears in your file.

Serve all parties

• Serve the same set you filed on each party.
• Use an allowed service method and note the date and time.
• Keep proof of service for your records and for the court.

Track responses and objections

• Watch for any objection to the statement or exhibits.
• Prepare to address concerns about hearsay or relevance.
• If the judge requests your attendance, plan to appear.

Prepare for the hearing

• Bring a full copy set for the judge and the other party.
• Tab and label exhibits for easy reference.
• Prepare a brief outline of your key points and exhibit references.

Amend or supplement if needed

• If you find an error, do not alter the signed version.
• Prepare a new or supplemental statement that corrects the issue.
• File and serve the updated version. Explain what changed and why.

Protect confidentiality

• Redact sensitive data that is not needed for the decision.
• Mark exhibits that contain personal information appropriately.
• Ask the clerk about confidentiality steps if needed.

Maintain your records

• Keep the original statement and proof of service.
• Store your notes and any supporting documents.
• Keep correspondence with the clerk or opposing party.

Follow court directions

• Read any scheduling notices or orders carefully.
• Meet any further deadlines for submissions.
• Comply with any instruction to attend for questions.

After the decision

• Note whether the judge relied on the statement.
• Keep the statement for any appeal or enforcement steps.
• If the case settles, confirm if further filings are needed.

If the witness is unavailable

• Explain unavailability in the statement and attach any proof.
• Provide contact details and times they can be reached, if possible.
• Be ready for the judge to ask for live testimony if required.

If your witness is outside Quebec

• Have the witness sign before an authorized official where they are.
• Confirm the official’s authority in that location, if possible.
• Attach a brief note or certificate about the official’s authority if available.

If electronic evidence is involved

• Print clear screenshots with visible URLs or identifiers where relevant.
• Describe how you captured the data and when.
• Keep the original electronic files in case the court requests them.