Form 39: Request for Scheduling

When does Rule 156 allow Form 39?

Common circumstances include an adjournment without a new date; a matter struck from the court list; a referral to a program or professional; a direction to correct a deficiency; a review provided for in an order; and certain applications concerning interim orders under the Family Law Act. The official form says the underlying application must already have been scheduled for a court appearance. It does not create a fresh claim or replace the original application.

Before seeking an interim order: the prescribed Form 39 says the existing Form 3 application, Form 6 reply or counter application must already include the final-order details for the same family-law matter. Attending a family management conference alone does not allow Form 39 to introduce a new claim.

How to complete Form 39

1. Find the filed application and court file number. Confirm it has already been scheduled for an appearance.
2. Check that at least one Rule 156 reason applies and locate the earlier court date, adjournment or direction.
3. Fill out Part 1 with names of parties matching the court file.
4. In Part 2 identify the filing date and document number of the application to be scheduled.
5. Use Part 4 to select the actual reason for another appearance; avoid describing the request as a new family law application.
6. File at the existing Provincial Court registry. The registry or judicial case manager provides the appearance details in Part 3.
7. Unless otherwise directed, serve the filed Form 39 on each other party at least seven days before the new court appearance; keep evidence of service.

What if the case has been inactive for over a year?

The official August 2026 Form 39 instructions direct people generally to use Form 2: Notice of Intention to Proceed where more than a year has passed since the last step, with a stated exception for reviews. Form 2 can require a needs assessment or family management conference, depending on the case. Check the timing and route with the registry rather than filing Form 39 automatically.

How does service and attendance work?

Rule 156(2) requires service at least seven days before the hearing unless the court orders otherwise. Where an address for service is recorded, ordinary service may be possible; without one, personal service may be required. The official form directs the registry to identify the appearance method. Follow those specific directions, particularly where a remote meeting link or telephone details are provided.

Three checks before using family Form 39

1. Is there already an application? Locate the court file number and the filed Form 3, reply or other application the scheduling request concerns. Form 39 is not a replacement for starting a family-law claim.
2. Why is scheduling needed? Identify the actual Rule 156 circumstance, such as a court adjournment without a new date or another listed event. If none applies, ask the registry which procedure fits.
3. Who must receive it and when? Rule 156(2) normally requires service on each other party at least seven days before the proposed appearance, unless the court directs otherwise. Check any additional direction in the order or official form.

Example: A family management conference was adjourned without a new date. The party identifies that prior appearance and why a new date is sought. This does not, by itself, authorize a new support or parenting order. For a Small Claims supporting-materials cover sheet, use the different Small Claims Form 39.

Worked example

Common mistakes

Using Form 39 for the first-ever court date; leaving out the old application document number; overlooking the Form 2 inactivity rule; treating a request as approved before the registry sets the new date; or failing to serve the other parties seven days before the appearance. If the judge directed scheduling with a judicial case manager or jointly with other parties, first check whether Form 39 is necessary.