Supreme Court

How to use a Supreme Court Notice of Intention to Proceed (Form F48)


What is a Notice of Intention to Proceed?

A Notice of Intention to Proceed (Form F48) (PDF) (Word) is the form you use when there's been a long delay in your Supreme Court case and you want to start it up again. You must fill out and serve this form on the other party to let him or her know that you want to continue with the court action, even though you may seem to have abandoned it.

When can I use this form?

You can fill out and serve a Notice of Intention to Proceed (Form F48) on all parties in family law case when:

  • no step has been taken for one year, and
  • no final judgment has been made.

You may go ahead with your application 28 days after you've filed a copy of the Notice of Intention to Proceed along with proof that it has been served (an Affidavit of Ordinary Service [Form F16]) at the court registry).

Important: If you're proceeding with an undefended (uncontested) divorce in which no step has been taken in the action for a year and the other party hasn't filed a Response to Family Claim (Form F4), the registry may allow you to apply for your divorce without requiring you to serve the other party with a Notice of Intention to Proceed (Form F48). Check with the registry before you fill out the form.

How do I fill out the Notice of Intention to Proceed?

Fill out the Notice of Intention to Proceed (Form F48) as follows.

  1. Beside "Court File No," insert the court file number. You can find this number at the top right-hand corner of your Notice of Family Claim (Form F3) or current order.
  2. Beside "Court Registry," insert the name of the court registry. You can find this name at the top right-hand corner of your Notice of Family Claim (Form F3) or current order.
  3. Insert the claimant's name, exactly as it appears on your Notice of Family Claim (Form F3) or current order.
  4. Insert the respondent's name, exactly as it appears on your Notice of Family Claim (Form F3) or current order.
  5. Beside "Filed by:" insert your name.
  6. Beside "To," insert the name of the other party.
  7. After "TAKE NOTICE that," insert your name (your name will appear if you're using the Word form online).
  8. Insert the date (day, month, and year) that you fill out the form.
  9. Sign the form.

See our fact sheet Problems using the Supreme Court PDF forms? or Tips for using the Supreme Court Word forms for more help using the form.

What do I do next and when can I move forward with my case?

When you've filled out the form, you have to serve the Notice of Intention to Proceed on the other party by ordinary service. This generally means delivering it to his or her address for service. See our self-help guide How to serve Supreme Court documents for more information, including how to fill out an Affidavit of Ordinary Service (Form F16).

Once you've served the document on the other party, file the Notice of Intention to Proceed and the Affidavit of Ordinary Service at the court registry where you filed your Notice of Family Claim. There is no fee for filing the Notice of Intention to Proceed.

28 days after you serve the Notice of Intention to Proceed, you can take the next step in your court proceeding.

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