Nova Scotia Small Claims Court Subpoena: Form 3 and Witness Rules

A co-worker saw the damage to your property. A neighbour witnessed the contractor walk off the job. An accountant can explain the invoices. You need them at the hearing — but they are not eager to take a day off work to sit in a courtroom. That is what a subpoena is for.

What Form 3 Does

Form 3 is the Small Claims Court subpoena in Nova Scotia. It is a court order that compels a person to attend the hearing and, if specified, to bring particular documents with them. A witness who is properly served with a Form 3 is legally required to appear. Ignoring it can result in contempt proceedings.

You use Form 3 when:

• A witness has relevant testimony but will not come voluntarily
• You need someone to produce specific records (bank statements, repair estimates, phone logs)
• A business needs to send a representative with company records

You do not need to subpoena a witness who is willing to attend. Cooperative witnesses can simply show up at the hearing on the scheduled date and time.

How to Issue a Subpoena

Pick up or download a blank Form 3 from the Courts of Nova Scotia website. Fill in the witness's full legal name, the court file number, the hearing date and time, and — critically — a specific description of any documents you want the witness to bring.

Take the completed Form 3 to the court clerk's office where your claim is filed. The clerk stamps and issues it. There is no separate filing fee for the subpoena itself.

Serving the Subpoena

The subpoena must be personally served on the witness — you cannot serve it by mail. As with the Notice of Claim, you cannot serve it yourself. An independent adult over 18, a process server, or a deputy sheriff must hand-deliver it to the witness.

Along with the Form 3, you must tender the witness fee: a $5.00 attendance fee plus $0.20 per kilometre of one-way travel from the witness's home to the courthouse. Pay this in cash or certified funds. A witness is not bound to attend unless the fee is paid or tendered at least 4 clear days before the hearing.

Serve the subpoena at least 4 clear days before the hearing. Giving the witness more notice can help them make arrangements to attend.

What Happens If the Witness Does Not Appear

If a properly served witness fails to attend, you have two options:

1. Ask for an adjournment — request that the adjudicator postpone the hearing to a new date so the witness can be re-served or brought in
2. Proceed without them — present your case with the evidence and witnesses you do have

If the witness's testimony is essential to your claim, an adjournment is usually the better path. The adjudicator can issue a further order requiring the witness's attendance.

Documents-Only Subpoenas

Form 3 requires the witness to attend and give evidence, and it can also require them to bring specified documents or things to the hearing. It is not a documents-only request.

Common documents subpoenaed in small claims cases include:

• Bank records showing payments or lack of payments
• Repair or inspection reports from third-party contractors
• Phone or text message records from a carrier
• Business financial records relevant to the claim amount

Planning Your Witness Strategy

Before issuing a subpoena, ask yourself whether the witness's testimony actually adds something your documents do not already prove. Adjudicators hear cases quickly and appreciate focused presentations. A strong document binder often carries more weight than a string of witnesses repeating what the paperwork already shows.

If you decide a witness is essential, prepare them. Tell them what the case is about, what you will ask them, and when they need to arrive. They do not need to memorize anything — just be honest and answer the questions put to them.

For a complete hearing preparation system, including a witness question planner and evidence binder index, see the Nova Scotia Small Claims Filing Guide.

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