Form 18B – Warrant for Arrest of Defaulting Witness

Jurisdiction: Country: Canada | Province or State: Ontario

What is a Form 18B – Warrant for Arrest of Defaulting Witness?

Form 18B is a Small Claims Court document that authorizes police to arrest a witness who has defaulted on a Summons to Witness. In plain terms, the court issues this warrant when a properly summoned witness does not show up or leaves before the court releases them. The warrant directs a police officer to find the witness, arrest them, and bring them before the court to give evidence. It may also set release terms so the witness can be released if they promise to attend.

You use this form in an Ontario Small Claims Court case. It is part of Rule 18 in the Small Claims Court Rules. The form is not a request for the witness to come to court. It is an order to the police to bring the witness to court. Only a judge or deputy judge can issue it. You prepare the draft and supporting materials. The court decides if it will sign and issue the warrant.

Who typically uses this form?

Parties who need a key witness, and who followed the proper steps to summon that witness. That includes self‑represented litigants, paralegals, and lawyers. Court staff may help with formatting, but they do not decide the request. The judge decides.

You need this form when a witness does not attend despite proper service of a Summons to Witness and payment of attendance money. You also need it if the witness attended but left before being released. The court will not issue a warrant unless you prove those facts. You must have evidence that you served the Summons to Witness personally. You must also show that you paid or tendered the required attendance money at the time of service. Without those steps, a warrant is not available.

Typical usage looks like this. You set a trial or motion date. You issue a Summons to Witness (Form 18A). You arrange personal service on the witness. You pay the attendance fee and travel allowance required by the rules. On the hearing day, the witness does not appear. You provide proof of service and payment to the judge. You explain why the witness is essential. If the judge agrees, the judge may sign Form 18B. The police then have authority to arrest the witness and bring them to court.

Form 18B protects the court’s process. Trials rely on evidence. If a crucial witness ignores a valid summons, your case could suffer. The warrant gives the court a way to secure testimony and avoid unfairness. It also deters people from disregarding court orders.

In many cases, the court will try less intrusive steps first. It may stand the matter down. It may reschedule briefly to allow the witness to arrive. If those steps fail, the court may consider a warrant. Form 18B is serious. It should only be used when needed and when all rules were followed.

When Would You Use a Form 18B – Warrant for Arrest of Defaulting Witness?

You use Form 18B when a witness has defaulted after being properly summoned and paid. Default includes failing to attend at the time and place stated, or leaving before you finish with the witness. The court needs proof of default. It also needs proof that you did your part.

Consider a personal injury claim in Small Claims Court. A third‑party driver saw the collision. You issued a Summons to Witness and served it personally. You paid the attendance money. The witness does not attend on the trial day. Your case depends on that testimony. You show your affidavit of service, the copy of the summons, and proof of payment. You ask the judge to issue the warrant. The judge may sign Form 18B to compel that witness.

Or consider a contractor dispute. You need the former site supervisor to explain change orders. You summoned the supervisor and paid the attendance money. The supervisor appears in the morning, then leaves at lunch without permission. You tell the judge. If the judge finds that the witness left without being released, the judge may issue the warrant.

Business owners also face this. You may need a bank employee to authenticate records. You summoned the employee through proper channels and paid the fee. The employee ignores the summons. The judge may issue Form 18B after seeing your proof.

You may face scheduling or distance challenges. The court may allow a witness to testify by video. If a remote witness does not log in after being summoned and paid, the court can still treat that as a default. The judge can issue the warrant if the witness is within Ontario and the court finds it necessary.

Self‑represented litigants use this form as well. You might be a consumer who needs a repair shop employee to explain an estimate. Or you might be a tradesperson who needs a building inspector to confirm site conditions. If the witness was properly summoned and paid but does not attend, the warrant is an option.

Timing matters. Judges often issue the warrant on the day the witness fails to attend. If the trial cannot proceed, the judge may set a new date and make the warrant returnable then. The warrant can direct the police to bring the witness on that date. You should be ready with dates and time estimates. The judge will want a practical plan that serves the interests of justice.

Legal Characteristics of the Form 18B – Warrant for Arrest of Defaulting Witness

Form 18B is a court order. It is legally binding once signed by a judge or deputy judge. It carries the authority of the court. Police have authority to act on it across Ontario. It is not negotiable. The witness must comply once arrested or released on terms. If the witness disobeys further, the court may consider contempt.

The warrant’s enforceability depends on several conditions. First, the court must have jurisdiction over the case and the witness. Second, the Summons to Witness must have been properly issued and personally served. Third, attendance money must have been paid or tendered. Fourth, there must be proof of the witness’s default. The judge must be satisfied of these facts before signing the warrant.

The form usually includes terms on custody and release. It directs police to arrest the witness and bring them to court. The form can also allow the police to release the witness on a recognizance. That means the witness promises to attend at a set date and time. The form may set a dollar amount for that promise. If the witness accepts those terms, the police can release them. If not, the witness stays in custody until brought to court.

The warrant is precise. It names the court location, file number, and parties. It names the witness and gives identifying details. It states the failure that led to the warrant. It sets the next appearance date and time. It bears the judge’s signature and the date of issue. The clarity of those details supports lawful execution.

The warrant remains in force until executed or cancelled. A judge can withdraw or vary it. Police can act on it anywhere in Ontario. If the witness is found in another province, local rules on out‑of‑province warrants apply. In Small Claims Court, the practical scope is within Ontario.

There are risks if you misuse the process. If you did not serve the Summons to Witness properly, the court will refuse the warrant. If you did not pay the attendance money, the court will refuse the warrant. If you seek the warrant for a trivial or unnecessary witness, the court may deny the request. You may also face cost consequences for wasted time.

The court will weigh proportionality. Arrest affects a person’s liberty. The judge will ask if there is a less intrusive solution. The judge may seek a brief adjournment to allow the witness to attend. The judge may consider remote attendance if practical. If those options are not workable, and your proof is clear, the warrant is available.

As a final note, do not confuse this with a contempt order. If a witness appears and refuses to be sworn or refuses to answer proper questions, the court may deal with that as contempt. Form 18B targets the witness who defaults on attendance or leaves early. If your issue is with non‑compliance in the courtroom, raise it with the judge directly.

How to Fill Out a Form 18B – Warrant for Arrest of Defaulting Witness

You cannot issue this warrant yourself. You prepare the draft and bring your proof. The judge decides whether to sign it. Use these steps to prepare a complete and accurate form.

1) Gather your documents

• Court file number and court location.
• The full names of the parties as in your claim and defence.
• A copy of the Summons to Witness (Form 18A) you served.
• The affidavit of personal service for the summons.
• Proof of payment or tender of attendance money to the witness.
• Any correspondence that shows awareness of the summons.
• Your trial or motion date and time, and courtroom, if assigned.
• A proposed return date for the witness to attend if the trial is adjourned.

2) Identify the correct court and file

• At the top, enter “Ontario Superior Court of Justice – Small Claims Court.”
• Insert the court address where your case is being heard.
• Write the court file number exactly as on your claim.
• List the plaintiff(s) and defendant(s) names exactly as they appear in the case.

3) Name the defaulting witness

• Write the witness’s full legal name.
• Include any known aliases if relevant.
• Add last known address, phone, or email if you have them.
• If helpful, add a brief description to help police identify the person.
• State the witness’s role or why they are needed (e.g., “eyewitness to accident”).

4) State the basis for the warrant

• Confirm that a Summons to Witness was issued and personally served.
• Confirm that attendance money was paid or tendered at service.
• State the hearing date, time, and place the witness was to attend.
• State how the witness defaulted (did not attend, or left before release).
• Reference your affidavit of service and proof of payment.
• Keep this clear and factual. Avoid argument.

Example wording:

• “A Summons to Witness was personally served on [date].”
• “Attendance money required by the rules was tendered at service.”
• “The witness failed to attend on [date] at [time] at [court location].”

5) Set the return date and time

• If the trial is ongoing, state that the witness is to be brought before the court forthwith.
• If the trial must be adjourned, propose a specific date and time for return.
• Confirm the courtroom if known, or “as directed by the court.”

6) Address release terms

• The form may include a section on release on recognizance.
• Propose an amount that will ensure attendance without being excessive.
• Recognize that the judge decides the final terms.
• If you expect immediate testimony on the same day, you may request no release until the witness is brought before the court.

7) Complete the direction to police

• The form directs “any police officer in Ontario” to arrest the witness.
• Ensure the direction is clear and legible.
• Include the court location where the witness must be brought.

8) Review signature and issuance lines

• Leave the signature line for the judge or deputy judge.
• The date of issue will be entered by the court upon signing.
• Do not sign or date those lines yourself.

9) Attach your proof

• Attach the affidavit of personal service of the Summons to Witness.
• Attach a copy of the served Summons to Witness.
• Attach proof of payment or tender of attendance money.
• If the witness left early, attach your notes or any court endorsement showing that fact.
• Attach a short written request or endorsement draft if the court prefers one.

10) Prepare a brief oral submission

• Be ready to explain why the witness is essential.
• Be ready to explain why an adjournment or remote attendance is not workable.
• Keep your points short and focused on necessity.

11) File or present the form

• If you seek the warrant on the hearing day, bring the completed Form 18B and attachments to the courtroom.
• If the court directs you to file in advance, file at the court office and follow any scheduling direction.
• Ask court staff how they want the draft presented for signature.

12) After the warrant is issued

• Obtain certified copies from the court office.
• Ask the court how to deliver the warrant to police for execution.
• Confirm any scheduling set in the warrant with the trial coordinator.
• Keep your phone on and be ready to attend court if the witness is brought in quickly.
• Bring extra copies of exhibits the witness will need to review.

Key drafting tips

• Use names and dates that match your court file.
• Keep descriptions factual and neutral.
• Avoid speculation about why the witness defaulted.
• Do not overstate. The judge focuses on service, payment, and default.
• Make sure your attachments prove each required element.

Understanding attendance money

• Attendance money includes a daily witness fee and a travel allowance.
• The rules set the amounts. They can change.
• Pay or tender this money at the time of personal service.
• Keep proof. A receipt, money order stub, or a sworn statement helps.
• If you did not pay it, explain why and be ready for refusal.

If the witness is an organization

• Summon a named individual who can speak for the organization.
• Serve that person personally.
• Pay the attendance money to that person.
• If they default, the warrant should name that specific person.

If the witness is outside your region

• The warrant applies across Ontario.
• Provide enough identifying details to assist police in another area.
• Include accurate addresses and times to avoid delays.

If the witness needs accommodation

• • Tell the court if the witness has known accessibility needs.
  • Ask the court to include any necessary directions.
  • This supports a fair and efficient process.

Common Mistakes to Avoid

• Relying on substituted or mail service for a witness summons. Personal service is required.
• Forgetting to pay or tender attendance money at service.
• Seeking a warrant for a witness who is not material.
• Leaving the return date blank or vague.
• Omitting the court file number or using the wrong court location.

Final practical note

• Bring two complete sets of everything, plus one for yourself.
• Have your witness questions organized. If police bring the witness quickly, you must be ready.
• Keep the court informed about timing. If the witness is arrested late in the day, the court may need to set a new return time.

By following these steps, you present a complete, accurate Form 18B package. You give the judge what they need to decide quickly. You also increase the chance that the warrant will be executed in time for meaningful testimony.

Legal Terms You Might Encounter

Defaulting witness means a person who was properly summoned and paid attendance money but did not appear. This form seeks the court’s order to have that person arrested and brought to court to testify.

Summons to witness is the document that orders a witness to attend court. You usually must serve a summons and pay attendance money before a warrant can issue. The warrant relies on the prior summons and its service.

Attendance money is the required payment you give a witness with the summons. It covers the set daily fee and travel allowance. If you did not pay it, the court may refuse the warrant.

Affidavit of service is a sworn statement that proves you served the summons and attendance money. The court uses this affidavit to decide if the witness is in default. Without it, your warrant request may fail.

Lawful excuse is a valid reason for missing court, such as illness with proof. The judge will consider if the witness had a lawful excuse. If yes, a warrant may be denied or cancelled.

Warrant is the court’s written order authorizing an arrest of the defaulting witness. This form becomes the warrant once signed and issued by the court. It tells the enforcement officer what to do.

Sheriff or enforcement officer is the official who executes the warrant. The warrant directs the sheriff or police to arrest the witness and bring them before the court.

Return before the court means the officer must bring the witness to a specific court location and time. The warrant states when and where the witness must appear. You need a scheduled return date.

Endorsement is a note added by the judge or clerk on the court file or form. It records directions, conditions, or decisions. The endorsement may include bail or release directions for the witness.

Bail or recognizance may be set if the court allows the witness to be released on conditions. The judge may set an amount or conditions to ensure the witness attends. If breached, penalties can follow.

FAQs

Do you need to serve a summons before asking for a warrant?

Yes. You must serve a summons to witness and pay attendance money first. The court will want clear proof that the witness received both. Without that, a warrant is unlikely.

Do you have to pay attendance money again if the witness is arrested?

Yes, be prepared to pay. When the witness attends, you still owe the daily fee and travel allowance. Bring cash or another acceptable payment method to court.

Do you file this form yourself, or does the court issue it?

You usually prepare the form and provide your proof. A judge authorizes it. The clerk then signs and issues it. The warrant is not valid until the court issues it.

Do you need the witness’s exact address for the warrant?

Provide the most accurate address you have, plus phone, email, workplace, and usual hours. The officer needs enough detail to locate the witness. The more precise your information, the better.

Do you have to attempt other options before seeking a warrant?

Expect the court to ask what you tried. You should try calling, emailing, or negotiating a different time. Show that you explored reasonable solutions before asking for an arrest.

Do you need to attend court when the witness is brought in?

Yes. Be ready to proceed with evidence when the witness arrives. Bring your questions, exhibits, and any updated attendance money. If you are not ready, you risk delay or costs.

Do you need a new hearing date for the warrant return?

Often, yes. The warrant needs a clear return date and location. Work with court staff to set that date before the warrant is issued. Put that date on the form.

Can you cancel the warrant if the witness agrees to attend?

Yes. If the witness cooperates, notify the court and the sheriff quickly. Ask to have the warrant held or recalled. Confirm in writing so enforcement knows to stop.

What if the witness is arrested after hours?

The warrant directs the officer to return the witness to court. If court is closed, the officer follows standard holding or release procedures. You must be ready at the next available court time.

What happens if the witness claims a lawful excuse?

The judge will hear the excuse and review your proof. The court might cancel the warrant or set new attendance terms. Keep your evidence of service and attempts handy to respond.

Checklist: Before, During, and After

Before signing

• Case details: File number, court location, and names of all parties.
• Hearing information: The date the witness missed and the next return date.
• Witness details: Full name, home and work addresses, phone, email, and identifying traits if helpful.
• Proof of summons: A completed and signed affidavit of service for the summons.
• Proof of attendance money: Receipt, affidavit, or clear evidence of payment with the summons.
• Attempts to resolve: Notes or emails showing you tried to contact the witness.
• Reason for default: Any information about why the witness did not attend.
• Draft return instructions: The court location and time you want on the warrant.
• Fees and deposits: Any enforcement deposits the sheriff may require.
• Copies: Enough copies of the form and attachments for the court and enforcement.

During signing

• Verify the court name and address are correct.
• Confirm the file number matches the court record exactly.
• Check the witness’s full legal name and identifiers for accuracy.
• Ensure the warrant states the correct return date and courtroom.
• Confirm the form references the prior summons and service.
• Attach the affidavit of service and proof of attendance money.
• Review the arrest directions: “arrest and bring before the court.”
• Look for any conditions on release or bail space, if applicable.
• Make sure the judge’s signature line and date are present.
• Ask the clerk about the court seal and issuance process.

After signing

• Obtain a court-issued original with signature and seal.
• Make certified or court-stamped copies if allowed.
• Deliver the warrant and any instructions to the sheriff promptly.
• Pay any enforcement deposits or fees required by the sheriff.
• Provide the sheriff with the best contact info and schedule for the witness.
• Calendar the return date and notify all parties as needed.
• Keep your phone on and remain reachable to the sheriff.
• Monitor execution status and log all updates.
• Prepare your examination or testimony plan for the return date.
• Bring attendance money for the witness to the return hearing.
• File any proof of execution or return documents the court issues.
• Store a clean copy of the issued warrant and all affidavits in your file.

Common Mistakes to Avoid

Not proving service and payment

Don’t forget the affidavit of service and proof of attendance money. Without both, the court may refuse to issue the warrant. You risk delay and wasted hearing time.

Leaving out the return date or location

Don’t omit a clear return date and courtroom. The sheriff needs a destination. Missing information can stall enforcement and push your case back.

Using incomplete witness information

Don’t provide only a name. Give full addresses, workplace, and usual hours. Sparse details lead to failed attempts and extra enforcement costs.

Waiting too long to deliver the warrant

Don’t sit on the issued warrant. Get it to the sheriff fast. Delay can make the address stale and lower the odds of finding the witness.

Ignoring updates or settlements

Don’t forget to tell the sheriff if circumstances change. If the witness agrees to attend, seek to pause or recall the warrant. This prevents needless arrests and costs.

What to Do After Filling Out the Form

File the form for issuance

• Take your completed form to the court clerk.
• Provide your affidavit of service and proof of attendance money.
• Confirm the return date and courtroom with the clerk.
• Ask when the judge will review and sign.

Obtain the issued warrant

• Collect the signed and sealed warrant once issued.
• Verify the return instructions are accurate.
• Make working copies for your file and enforcement.

Coordinate with the sheriff

• Deliver the warrant and any required deposit.
• Provide current addresses, workplace, schedules, and photos if available.
• Share any safety concerns or special instructions.
• Confirm how you will receive status updates.

Notify the parties

• Inform the other party about the return date, if required.
• If the witness is aligned with you, warn them of the warrant and invite compliance.
• Keep communication professional and fact-based.

Prepare for the return date

• Organize your questions and exhibits.
• Bring attendance money for the witness.
• Be ready to proceed as soon as the witness appears.
• Have a backup plan if the warrant is not executed in time.

Handle changes or errors

• If you spot a typo or wrong date, ask the clerk about amending the warrant.
• If you no longer need the witness, request to recall or cancel the warrant.
• Confirm any changes with the sheriff in writing.

Day-of logistics

• Arrive early and check in with the clerk.
• Keep your phone available for the sheriff’s call.
• If the witness arrives, be ready to start immediately.
• If the witness raises a lawful excuse, present your proof of service and payment.

After the return

• Pay the witness the required fees.
• If the case resolves, confirm whether the warrant should be closed.
• Collect and file any return documents or proofs from enforcement.
• Update your records with the outcome and costs.

Record keeping

• Store the issued warrant, affidavits, and receipts in one place.
• Track enforcement costs for any future cost claims.
• Keep contact notes in case you need a future summons.

Contingency planning

• If the warrant was not executed, consider renewing the return date.
• Re-check the witness’s address and update the sheriff.
• Reassess whether you can prove your case without that witness.
• Explore alternatives like admissions, documents, or another witness.

Closing the loop

• Once the witness has testified, confirm the warrant is no longer active.
• Ensure the sheriff’s file is closed.
• Keep copies for your file retention period.