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BC Provincial Court · Small Claims Rules Schedule B

BC Small Claims Form 8: Summons to Witness

Require an appropriate witness to attend court when the Rules permit a summons.

Conferences and trial

This is a BC small claims Form 8, not a Provincial Court family Form 8. Government PDF links open official sources.

Who can use it?

For
Party who needs witness evidence
Court rules
Rules 6–10.2

When do you need Form 8?

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

Obtain the correct court-issued or completed summons, identify the witness and hearing, and plan lawful service.

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

Check the Rules and registry guidance for issuance, timing, service and any witness-related payment requirements.

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: Allow sufficient time for valid service and follow any judge or registry direction; do not assume the summons alone ensures attendance.

Fees: Service and witness-related costs may apply; check the registry and Rules.

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

Serving a witness informally when a summons is needed, or using compulsory process to pressure an unrelated person.

Check the current fee, courthouse and hearing instructions. Small-claims procedures can differ at Vancouver Robson Square and Richmond.

Summoning a witness: service and expenses

  • The official Form 8 instructions say to serve a summons at least 7 days before the hearing, or put it in the ordinary mail at least 21 days before the hearing if using that method.
  • Provide reasonable expenses needed for the witness to attend, such as travel expenses, together with the summons. A witness who will attend voluntarily generally does not require a summons.
  • Complete and keep proof of service. Check any order about remote attendance or supplying records before completing the summons.

Rule 9: service and witness expenses

Under Rule 9(1), a party completes Form 8 and serves the witness at least 7 days before attendance; the government Form 8 instructions say ordinary mail must be sent at least 21 days before the hearing. Under Rule 9(2), offer reasonable estimated travel costs at service for in-person attendance, or the reasonable estimated connection cost for an attendance method such as telephone or video. The summoned witness must attend and bring records identified in the summons unless the judge changes or cancels the requirement. A witness willing to attend voluntarily normally needs no summons.

Official Small Claims Rule 9.