Form 9A – Notice of Motion for Judgment by Default of Appearance

What this form is for

• • Use this form when the defendant has failed to file an appearance or defense
• • Use when you've properly served the defendant with the initial proceedings
• • Use when the response period has expired without any action from the defendant
• • Use for most civil cases where default judgment is appropriate
• • Don't use if the defendant has filed an appearance but not a defense

Use this form or another form?

Deadline or filing window

Applications for default judgment must typically be made within 6 months of the defendant's failure to appear, though this timeframe may vary depending on the specific court rules and type of proceedings.

Before you submit

• • Verify all sections of the form are completed
• • Confirm proper service on the defendant
• • Check that the defendant hasn't filed an appearance
• • Attach proof of service documents
• • Verify correct court fee payment
• • Ensure all parties' details are accurate
• • Check that the relief sought is appropriate for the case
• • Confirm you're filing with the correct court office

How to file this form

1. 1Complete all sections of Form 9A with accurate information
2. 2Prepare supporting documents including proof of service
3. 3Calculate and pay the appropriate court fee
4. 4File the form with the relevant court office
5. 5Serve a copy on the defendant's last known address
6. 6Keep a copy of the filed form and proof of service
7. 7Attend any scheduled hearing if required by the court

Known limitations

• • Cannot be used if the defendant has filed an appearance
• • May not be appropriate for certain types of proceedings like family law cases
• • The court may refuse to grant default judgment in specific circumstances
• • Limited relief available compared to contested proceedings