Respond to an application or order from the Court of Queen’s Bench

Overview

We recommended that you talk to a lawyer before taking any steps.
Court of Queen’s Bench applications and orders:

• describe what an applicant (ie, the person making the application or order) is asking for
• provide a court date and location

Determine your response

Some of the applications or orders you’ll need to respond to include:

• Emergency Protection Order
• Restraining Order Without Notice
• Divorce Act Application
• Originating Application
• Family Law Act Application

If you’ve been served with an application or order that’s not mentioned above, you can follow the steps below to respond.

If you agree with what the applicant is asking for

You don’t have to fill out any forms, except in the case of guardianship applications. However, we recommended that you still go to court.

If you don’t agree with what the applicant is asking for

File an Affidavit in Response.

How to file an Affidavit in Response

Step 1. Fill out the forms

Fill out the Affidavit in Response form (PDF, 10 KB), in addition to any other forms.

Have your affidavit sworn by a commissioner for oaths.

Step 2. Copy your documents

Make 2 copies of the affidavit and all your evidence.

Step 3. File your forms

File the forms at the Court of Queen's Bench.

The clerk keeps the original and stamps your copies.

Step 4. Serve your affidavit

The affidavit can be served to the applicant by bringing or sending the copy to the:

• lawyer's address
• applicant's address, if the applicant doesn’t have a lawyer

You cannot serve the affidavit to the applicant yourself. You’ll have to get someone else to bring or send the copy to the applicant or their lawyer.

The person who serves the affidavit must fill out an Affidavit of Personal Service form (PDF, 10 KB).

Step 5. File the affidavit with the court

File the Affidavit of Personal Service with the court.

Step 6. Go to court

Attend the court hearing that’s listed in your Notice of Hearing on the designated day, at the appropriated time. Bring both copies of your forms and documents.