Making a Witness Come to Court: The Summons to Witness

If a witness won't come to your Small Claims Court trial voluntarily, you can ask the court clerk to issue a summons to witness (Form 18A).

When to use one

• A witness won't commit to coming.
• An employer won't let a witness take time off without one.
• You need someone to bring documents, such as records.

The steps

1. Fill in the summons form with the trial details.
2. Have it issued by the court clerk.
3. Serve it personally on the witness, within the time the rules require before trial.
4. Pay attendance money, which covers the witness's attendance and travel, as set by the rules.

Documents

A summons can require the witness to bring relevant documents or things.

If the witness doesn't come

The judge can issue a warrant for their arrest so they are brought to court, but only if the summons was properly served and attendance money paid.

Think twice

An unwilling witness can be unhelpful. Speak to them first if you can, and consider whether a document or another witness would prove the same point.

Sources

• Rules of the Small Claims Court, Rule 18
• Ontario Court Forms: Small Claims

Read next: What Happens at an Assessment Hearing After a Default

General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 16 October 2026: check the current law, forms and dates before you act.

Photos from Unsplash: A historic courtroom with wooden benches, desks with lamps, and marble busts · woman in white shirt holding pen writing on white paper.

This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.