Manitoba Small Claims Notice of Intention to Appear — What It Is Now

If you have been served with a small claim in Manitoba and you are searching for a "Notice of Intention to Appear," you are using outdated terminology that predates the current rules. That form no longer exists under that name. What you actually need is Form 76D (Defence) — and your deadline to file it is 20 calendar days from the date you were served.

Where the Old Term Comes From

Older legal handbooks, archived court guides, and some out-of-province resources refer to a "Notice of Intention to Appear" as the document a defendant files to indicate they plan to contest a small claim. In some Canadian provinces and in earlier versions of Manitoba's small claims rules, that was the correct name.

Under the current Court of King's Bench Small Claims Practices Act (C.C.S.M. c. C285) and Rule 76 of the Court of King's Bench Rules, the defendant's response document is Form 76D (Defence). If you also have a cross-claim against the person who sued you, the form is Form 76E (Defence and Counterclaim). There is no separate "Notice of Intention to Appear" in the current Manitoba small claims process.

What Form 76D Does

Form 76D serves the function that a "Notice of Intention to Appear" would have served — it tells the court and the claimant that you are responding to the claim. But it does more than signal your intention to show up. On Form 76D, you must make a substantive choice:

Option 1 — Dispute the claim. You check the box indicating you dispute liability and write out your reasons for disputing. This is your defence — a concise explanation of why you do not owe what the claimant says you owe.

Option 2 — Admit but request time to pay. You check the box indicating you do not dispute the amount owed but need an instalment payment arrangement. The Court Officer will schedule an appearance to set payment terms based on your financial circumstances.

Simply filing Form 76D without checking either box or without writing any dispute reasons risks having the registry reject your filing — and a rejected filing does not stop the 20-day clock.

How to File Form 76D

1. Download Form 76D from the Manitoba Courts forms directory or use the blank copy that was served to you along with the claim (Form 76A)
2. Fill it out completely, ensuring party names match Form 76A exactly
3. File it in person or by mail at the Court of King's Bench registry where the claim was originally filed, with the $50 filing fee (certified cheque or money order payable to the Minister of Finance if filing by mail)
4. Promptly serve a copy on the claimant after the registry accepts Form 76D
5. File a Declaration of Service (Form 76B) at the registry proving you served the claimant

The 20-day deadline is measured in calendar days, not business days. If day 20 falls on a weekend or court holiday, it extends to the next business day at 5:00 PM.

Why Getting the Right Form Matters

If you search for "Notice of Intention to Appear" on the Manitoba Courts website, you will not find it. Spending days looking for a form that does not exist wastes time you do not have. The 20-day response window is short, and if you miss it, the claimant may request a default decision. The claimant must file a Request for Noting Default and Default Decision with a Declaration of Service (Form 76B); after the registry verifies it, a Court Officer can issue a binding Certificate of Decision on Default without a contested hearing.

The correct form is Form 76D. If you also need to counterclaim, the correct form is Form 76E. Both cost $50 to file.

Next Steps

If you have been served and need to respond, the Manitoba Small Claims Response Guide provides a line-by-line walkthrough of Form 76D, deadline calculations from your specific service date, and a checklist that takes you from receiving the papers through to the hearing.

See more Manitoba guides →