Form 42: Notice of Lawyer for Party
Use Form 42 to tell the court and everyone in the case that you now have a lawyer.
A party or lawyer can file and serve Form 42 to give formal notice of a party’s lawyer. The notice may identify representation for the whole case or only specified limited purposes. It is not an application asking the judge to appoint a lawyer.
When should you use Form 42?
Rule 163(1) recognizes two routes for a lawyer to start representing a party: the lawyer’s contact and service information can be supplied on an application or reply, or the party or lawyer may file and serve Form 42. A Form 42 notice is particularly useful when a lawyer joins an existing case, replaces a previous lawyer or represents a party only for a defined task.
This is for a party’s lawyer. Form 40 is the separate notice used for a lawyer representing a child.
How to complete and file the notice
- Find the correct Provincial Court registry, court file number and party names from the existing case.
- Identify the party being represented and the lawyer’s name, contact information and address for service as requested by the official Form 42.
- State whether representation covers all issues or identify the specific limited purposes in the notice.
- Check the notice carefully, including contact and service details, before the party or lawyer files it with the registry.
- Serve a filed copy on each other party in the case and keep evidence of how and when service took place.
What changes after filing?
For the matters within the lawyer’s stated role, the other parties should use the lawyer’s filed contact and address-for-service information, subject to the court rules and any directions. If the representation is limited, do not assume the lawyer acts on every issue. The court file and any notices should be checked before serving a new document.
What if the lawyer changes or stops acting?
Rule 163(3) says representation can end in several ways: a party or lawyer files and serves Form 43; a party or new lawyer files and serves a Form 42 identifying the new lawyer; or the limited purpose stated in an earlier notice has ended. Form 42 is therefore not automatically permanent representation for every stage of the case.
Practical example
A parent has been self-represented but hires a lawyer to deal with an upcoming support hearing only. The party or lawyer files Form 42, clearly identifying the limited purpose, and serves every other party. Other filings outside that scope may still need to be directed to the parent.
Common mistakes
- Using Form 42 for a child’s independent lawyer instead of Form 40.
- Failing to describe a limited-scope retainer when only one issue is covered.
- Telling the judge or opposing party verbally but not filing and serving when relying on the Form 42 route.
- Assuming a new lawyer’s notice changes any existing court order.
Official sources
- BC government Form 42 (PDF)
- BC Provincial Court Family Rules — Rule 163
- BC government Provincial Court family forms library
Primary-source review: October 13, 2026. Limited to the form and stated procedural requirements, not a certification of every circumstance or future amendment.