Who can use it?
- For
- A party filing supporting records for a scheduled small-claims hearing
- Court rules
- Rules 6, 12, 13 and 16 — different deadlines apply
When do you need Form 39?
Before using this form, check that your case belongs in Provincial Court and that this form fits your situation. Read the current court rule and official form. Most eligible claims of $5,000 or less start with the Civil Resolution Tribunal, not a new Court Notice of Claim. Some kinds of claims follow different rules.
What to prepare
Match the cover sheet to the underlying application and hearing, and clearly identify the attached records.
Use the names, addresses and court file number already on your case. Keep the documents and calculations together, and make copies for everyone who needs them. Filling in a form does not prove your case.
File the form and give copies to others
Important for this form: Form 39 is a supporting-materials cover sheet and does not itself create a new hearing. For a Rule 6 non-debt default hearing, documents relied on must be filed with Form 39 at least two business days before the hearing. Rule 12 specifies different payment-hearing schedules—commonly 7 days to file later supporting records and 2 business days to serve them—and Rule 13 has its own default-hearing document deadlines. Follow the specific rule for your proceeding.
File material by the specific application’s deadlines; make sure the other parties get required copies.
Follow the wording and instructions on the official form. You may need to give different copies to different people. The provincial Filing Assistant can help you fill out certain forms. It cannot tell you whether your case belongs in this court or whether your filing will be accepted.
Deadlines and fees
Timing: The cover sheet does not itself set the deadline; see Rules 6, 12, 13 or 16 and the court directions.
Fees: No separate Schedule A fee merely for this cover sheet; evidence and filing expenses may apply.
If you must give a copy to another person, follow the delivery rules for that form. Write down when and how you delivered it. Filing a form with the court is different from giving it to someone else. Estimate ordinary CRT / original Court claim costs. This calculator does not cover every special form or every way to collect money after a judgment.
Watch out for this mistake
Submitting evidence unattached to the correct procedure or missing the service deadline.
Check the current fee, courthouse and hearing instructions. Small-claims procedures can differ at Vancouver Robson Square and Richmond.
Example: organize the supporting documents
This fictional index illustrates how a person might prepare a clear package behind the cover sheet. Use the court form’s required fields and the rules for your actual procedure.
- Document 1 — invoice dated March 12, with page count.
- Document 2 — proof of the payment or amount claimed, with page count.
- Document 3 — dated correspondence relevant to the application, with page count.
Number documents in the same order as the index and keep a copy of the filed or served package. The cover sheet does not establish that every document is admissible or change a hearing deadline. If you are trying to schedule an existing family case, you need BC family court Form 39 instead.
Form 39 deadline guide: match your hearing
The hearing type matters. The following are ordinary minimum periods in the Small Claims Rules; check your court notice, any directions, and special exceptions before relying on a date. “File” means give documents to the registry. “Serve” means give required documents to other people.
| Situation | File with the court | Give copies to others |
|---|---|---|
| Non-debt default-order hearing (Rule 6(5.1)) | Claimant files relied-on records with Form 39 at least 2 business days before hearing. | Check Rule 6 and any court directions; do not assume Form 39 itself creates a service deadline. |
| Creditor summons someone to a payment hearing (Rule 12(7), (9)–(9.1)) | Person summoned generally files Form 39, Form 40 where applicable, and relied-on records at least 7 days before hearing. | Summons with blank Form 39 and applicable blank Form 40: 14 days before hearing. Summoned person serves financial statement and required records at least 2 business days before. |
| Debtor requests a payment hearing (Rule 12(10)–(11.2)) | Form 13 plus Form 39 and 40 where applicable: at least 14 days. Additional relied-on records with Form 39: at least 7 days. | Debtor serves Form 13 and applicable Form 40 at least 14 days before; later records at least 2 business days before. |
| Default hearing after a payment order (Rule 13(5)–(6.1)) | Summoned person generally files Form 39, Form 40 where applicable, and required records at least 7 days before hearing. | Summons served by court bailiff or sheriff at least 14 days; summoned person serves required financial records at least 2 business days before. |
| Application to a judge needing a hearing (Rule 16(9.1), (9.3)) | Applicant files relied-on records with Form 39 at least 7 days before, unless urgent exception applies. | Applicant serves those records at least 7 days before, subject to urgent exception. |
| Responding to a judge application (Rule 16(9.5)) | Responder files relied-on records with Form 39 at least 2 business days before. | Responder serves the relied-on documents at least 2 business days before. |
Form 39 is not a notice of hearing or a substitute for Form 5, 12, 13, 14 or 17. The 14-day, 7-day and 2-business-day periods serve different purposes and cannot be used interchangeably. Read Rules 12–13 and Rule 16.