Form 15A: Notice of Motion and Supporting Affidavit

What the 15A is

Form 15A combines the notice of motion (what order you want) and the supporting affidavit (the sworn facts) in one document. The most common Small Claims motion by far is a defendant moving to set aside a noting in default or default judgment; others include extending time, amending documents, or terminating garnishment.

On a set-aside motion the court generally looks at three things: whether the motion was brought promptly, whether there is a reasonable explanation for the default (never served, illness, wrong address), and whether the defence has an air of reality. The affidavit must address all three.

How to fill it out

1. State the order sought precisely in the notice portion (“an order setting aside the default judgment signed on …”).
2. Draft the affidavit in numbered paragraphs, first person, facts not argument: when you learned of the judgment, why no Defence was filed, and your defence on the merits — attach the draft Defence as an exhibit if possible.
3. Exhibits: label and attach the documents the affidavit relies on.
4. Swear or affirm the affidavit before a commissioner.
5. File, pay the fee, and serve the motion on every affected party within the timelines in the rules, then confirm how your court schedules motion hearings (many proceed by video).