When to serve and file documents

It is important you serve and file documents within a specific timeframe so that everybody involved in your case has the information they need.

Certain forms must be served and filed within a certain timeframe, for example:

  • an Application (Form 8 or Form 8A) or Motion to Change (Form 15) must be served immediately on every other party
  • an Answer (Form 10) or Response to Motion to Change (Form 15B) must be served and filed within:
    • 30 calendar days of getting an Application if you were served in Canada or the United States
    • 60 calendar days of getting an Application if you were served outside Canada or the United States
  • a Reply (Form 10A) must be served and filed within 10 calendar days of getting the Answer or Response to Motion to Change
  • conference documents (Forms 17, 17A, 17C, 17E, or the Trial Scheduling Endorsement Form) must be served and filed at least:
    • six business days before the conference date if you asked for the conference or if you are the applicant and no other party asked for the conference (for example, a judge scheduled the conference)
    • four business days before the conference date if you received a notice of conference from the other party or if you are the respondent and no other party asked for the conference
  • documents to bring a motion with notice (Forms 14 or 14B and Form 14A) must be served at least six business days and filed at least four business days before the motion date
  • documents responding to a motion must be served and filed at least:
    • four business days before the motion date if the other party bringing the motion used Form 14
    • four business days after being served with the other party’s motion materials if they used Form 14B

How to count days

It’s important that you count time or days correctly because court staff may not be able to accept your documents late. See Rule 3 of the Family Law Rules for more information on how to count time correctly.

You have to start counting from the day after the effective service day. The effective service day depends on how the documents were served. See the table below.

If the documents were served by:The effective service day is:
Leaving a copy with the person being served or their lawyerThe same day if the documents are left before 4:00 p.m. or the next day if the documents are left after 4:00 p.m.
MailFive days after documents are mailed
Same-day courierThe day after the courier picks up the documents
Next-day courierTwo days after the courier picks up the documents
Fax, email or electronic document exchangeThe same day if the documents are sent before 4:00 p.m. or the next day if the documents are sent after 4:00 p.m.
Leaving a copy at the other party’s home with another adult who lives there, and then also mailing a copy to that addressFive days after the documents are mailed

If the effective service day would be a day on which the court is closed (for example, Saturday, Sunday or a holiday), then the effective service day becomes the next day that the court is open.

When counting how many days you have to serve or file your documents or confirm your court date, it is important to keep in mind the days the court is closed. If you have:

  • seven days or more you must include Saturdays, Sundays and holidays when counting
  • less than seven days you do not include Saturdays, Sundays and holidays when counting

If the last day to serve or file your documents or confirm your court date falls on a weekend, holiday or another day when the court is closed, then the time period is extended to the next day that the court is open.