Understanding the Quebec Small Claims Witness List (SJ-839A)

Understanding the "List of Witnesses to Be Summoned by the Clerk" Form (SJ-839A) in Quebec Small Claims Court

If you are involved in a small claims case in the Province of Quebec, you may encounter the need to prepare and submit a document called the "List of Witnesses to Be Summoned by the Clerk," identified by the form number SJ-839A. This official form plays a crucial role in organizing court proceedings by allowing parties to specify which witnesses they wish to have testify during the trial. Here, we will explore when and why this form is used, what information it requires, and how to properly submit it to ensure your case proceeds smoothly.

When and Why to Use the SJ-839A Form

The SJ-839A form is designed specifically for parties involved in small claims proceedings under the jurisdiction of the Court of Quebec's Civil Division. Its primary purpose is to facilitate the summons of witnesses by the court clerk. If you believe that certain witnesses are essential to your case, you must complete this form to request their presence at the trial.

It is important to submit the completed form at least 30 days before the scheduled hearing date. Failing to do so may result in witnesses not being summoned, which could weaken your case or cause delays. Additionally, the court may impose costs on the party who requested the witness if the court finds that the witness was summoned unnecessarily.

What Information Is Required on the Form?

The SJ-839A form requires detailed information about each witness you wish to summon. This includes:

• Full name: Given name and surname
• Full address: Including street number, street name, apartment number (if applicable), locality, province, and postal code
• Reason for the summons: A brief explanation of why this witness's testimony is relevant
• Purpose of testimony: Clarification on what the witness is expected to testify about

If you have multiple witnesses, you may attach additional sheets with their details. It is vital to provide complete and accurate contact information, as the court clerk will rely on this data to issue the summons.

Submitting and Using the Form

The form is available in a dynamic PDF format, which can be downloaded from the official website of the Quebec Ministry of Justice. You can fill out the form electronically, then print and sign it, or complete it by hand using legible block letters. Remember to set your printer to letter size (8.5 x 11 inches).

Once completed, keep a copy for your records. The original form must be sent to the courthouse where your case is being heard. It is your responsibility to notify the court of any changes to the witnesses' addresses before the hearing date. The court clerk will then process the form and summon the witnesses accordingly.

Additional Considerations and Alternatives

While the SJ-839A form is used to summon witnesses, note that the presence of a witness can sometimes be replaced by a written statement, which serves as factual testimony. For expert witnesses, a written report can substitute their physical attendance, provided the court approves the report as admissible evidence. In such cases, the "Statement in Lieu of Testimony" form (SJ-837A) should be used.

It is also advisable to verify the specific procedures and deadlines with the courthouse handling your case, as delays or omissions in submitting the form can impact your ability to present witnesses effectively.

Conclusion

The SJ-839A "List of Witnesses to Be Summoned by the Clerk" form is a vital document for parties seeking to ensure that their witnesses are present at their small claims trial in Quebec. Accurate completion and timely submission of this form help streamline court proceedings and uphold your right to a fair hearing. Always consult the official resources or court staff if you have questions about the process or specific requirements.