New Brunswick Small Claims Court Forms

The Forms You Actually Need

New Brunswick's Small Claims Court runs on a set of prescribed forms listed in Schedule A of General Regulation 2012-103. You can download fillable PDFs from the PLEIS-NB website (legalinfonb.ca) or the Courts New Brunswick portal. Not every form applies to every case — most claimants only use three or four.

Here's an overview of key forms, grouped by when they come into play.

Starting a Claim

Form 1 — Claim: This is the form that launches your case. It asks for both parties' legal names and addresses, a summary of the facts, the amount you're claiming (up to $20,000), and whether you're requesting pre-judgment interest. You file the original with the court clerk and bring one stamped copy for each claimant and defendant.

Form 2 — Response / Counterclaim: The defendant uses this to dispute your claim, admit the debt, or file a counterclaim against you. It must be filed within 30 days of being served. If you're the claimant, you don't fill this out — you include a blank copy when you serve the defendant.

Bringing in Third Parties

Form 3 — Third Party Claim: If a defendant believes someone else is actually liable (or shares liability), they use Form 3 to bring that person into the case. Filing fee: $50.

Form 4 — Third Party Response: The third party's reply to a Form 3 claim. Also $50 to file.

During the Case

Form 5A — Notice of Withdrawal by Claimant: Formally drops your claim before the hearing.

Form 5B — Notice of Withdrawal by Defendant: Withdraws a counterclaim or third-party claim.

Form 6 — Request for Judgment: Used to request judgment if the defendant has not responded within 30 days or has admitted the claim in full. If the defendant requests a payment hearing and the claimant agrees, wait until that hearing concludes before requesting judgment. File Form 6 with proof of service. For a debt or property claim, the clerk can enter a default judgment (Form 7) without a hearing; claims for damages require an assessment hearing first.

Form 12 — Summons to Witness: Compels a witness to attend your hearing. You must serve it on the witness along with their conduct money — $35 per full day of attendance, $18 per half-day, plus $0.20 per kilometre for travel and $30 per night if overnight accommodation is needed.

Form 13 — Settlement Agreement: Records the terms when both sides settle before or during a hearing. If a party later fails to comply, the other party may apply using Form 23 for an order directing judgment under the agreement's terms.

Form 20 — Affidavit of Service: Sworn proof that you served documents on the other party. The person who actually handed over or mailed the documents swears this form before a commissioner of oaths. Without it, the court has no proof that service happened.

After a Decision

Form 14 — Formal Judgment: The clerk issues this after the Adjudicator makes a ruling. You need a certified copy to begin enforcement through Sheriff Services.

Form 17.1 — Notice of Appeal: Files an appeal to the Court of King's Bench. Appeals are limited to questions of law or jurisdiction — you cannot re-argue the facts.

Procedural Applications

Form 23 — Application to Court: The multi-purpose application form. You use it to request an order for default judgment on a counterclaim or third-party claim, to set aside a default judgment, to extend time limits, to get an order for substituted service, to request judgment under a settlement agreement, or to transfer your case to a different judicial district.

Form 22 — Application to Transfer to Court of King's Bench: Moves a complex or high-value case out of Small Claims Court and into the superior court. If you apply to the Court of King's Bench and file a copy of Form 22 with the Small Claims clerk, no further Small Claims proceedings may be taken until the application is decided.

Form 24 — Warrant to Apprehend: Authorizes a peace officer to arrest a witness who was properly summoned but failed to appear.

Form 25A / 25B — Certificate of Adjudicator: Documents a witness's failure to attend (25A) or refusal to testify or produce records (25B).

Tips for Filling Out Forms

Court clerks can provide administrative assistance and collect fees, but they cannot give legal advice or tell you how to complete your forms. A few practical points:

• Use the defendant's exact legal name — a wrong name can make your judgment unenforceable
• Redact sensitive personal information (Social Insurance Numbers, banking passwords) from any documents you attach
• Print clearly or use the fillable PDF versions — illegible handwriting is a real barrier at the registry
• Bring the right number of copies: the original for the court file, plus one copy per party

Get the Complete Filing Toolkit

Our Making a Small Claim in New Brunswick guide walks you through each form with field-by-field instructions, plus worksheets for tracking deadlines, calculating fees, and organizing your evidence.

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