Form 9 – Request for Judgment by Default of Appearance

What this form is for

• • Use this form when a defendant has failed to respond to your claim after being properly served
• • Use this form when you want the court to make a decision without the defendant's participation
• • Use this form only after the statutory response period has expired
• • Use this form for civil cases, not criminal proceedings
• • Don't use this form if the defendant has filed any response, even if it's inadequate

Use this form or another form?

Deadline or filing window

This form must be filed after the defendant has had a reasonable time to respond, typically 10-21 days after service, depending on the method of service and the type of case.

Before you submit

• • Verify defendant was properly served with all documents
• • Confirm response period has fully expired
• • Complete all sections of Form 9 accurately
• • Attach all required supporting evidence
• • Include correct payment for court fees
• • Make copies for your records
• • Check if all parties need to be notified

How to file this form

1. 1Complete the defendant's details accurately
2. 2Provide case reference number if available
3. 3Detail the method and date of service
4. 4Specify the response deadline that has passed
5. 5Attach copies of all served documents
6. 6Include evidence of defendant's failure to respond
7. 7Submit to the appropriate court office with fee

Known limitations

• • This form cannot be used if the defendant has filed any response
• • The court may refuse to grant judgment if service was improper
• • This form does not apply to criminal proceedings
• • Certain types of claims may require additional documentation
• • The court may request a hearing even with this form submitted