30-Day Response Deadline for Small Claims in New Brunswick

The single most important number for anyone served with a small claim in New Brunswick is 30. Under Section 9 of N.B. Reg. 2012-103, you have 30 calendar days from the date of service to file your Form 2 Response with the court clerk. Miss that deadline and the claimant can apply for a default judgment — potentially before you even realize time has run out.

How to Count the 30 Days

The calculation follows strict statutory rules. Day 0 is the date you were actually served — that day does not count. Day 1 is the next calendar day, and you count forward 30 days from there, including weekends and holidays.

If the 30th day falls on a Saturday, Sunday, provincial statutory holiday, or court closure day, the deadline extends to the close of business on the next operational business day. This is the only automatic extension the rules provide.

Example: Served on Monday, March 2. Day 1 is March 3. The 30th day is Wednesday, April 1. Your response must reach the clerk by close of business on April 1.

When Does Service Actually Count?

How you were served determines what date starts the clock:

• Personal service — the day someone handed you the documents
• Adult co-occupant service — the day the papers were left with an adult at your home (the claimant also mails a copy, but the in-person delivery date is the trigger)
• Registered mail or courier — the delivery date shown on the signed confirmation card or electronic tracking record

Keep the envelope, the delivery receipt, or whatever confirms when you received the papers. If the claimant cannot prove proper service, the deadline may not have started running — but you need that evidence documented.

Can You File Late?

Technically, yes — but only by luck. Section 9 allows a Response to be filed "at any time before judgment is entered." So if Day 31, 35, or even 40 arrives and the claimant has not yet submitted their Form 6 Request for Judgment, the clerk will still accept your Form 2. But you are gambling. If the claimant's Form 6 reaches the clerk before your response does, default judgment gets entered and you lose the right to defend without a formal set-aside application.

Settlement Talks Do Not Pause the Clock

If you and the claimant are negotiating by phone or email, the deadline keeps running. The only ways to get more time are a written consent from the claimant filed with the clerk, or a formal court order extending the deadline under Section 62 of the Regulation.

Our New Brunswick small claims response guide includes a deadline calculator worksheet that walks through the count day by day, flags holiday adjustments, and gives you a filing checklist tied to your specific service date.

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