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

Introduction

You'll need

What is a Notice of Intention to Proceed?

A Notice of Intention to Proceed (Form F48) 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 person to let them know that you plan to continue, since it might have seemed that you'd dropped the case.

When can I use this form?

You can fill out and serve a Notice of Intention to Proceed (Form F48) on all parties in a 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 at the court registry. You also have to complete and file an Affidavit of Ordinary Service (Form F16) to prove you served it on the other person.

If you're going ahead with an undefended (uncontested) divorce after no step has been taken for a year and the other person hasn't filed a Response to Family Claim (Form F4), the registry may not require you to serve them with a Notice of Intention to Proceed. Check with the registry before you fill out the form.

Fill out the form

Fill out the Notice of Intention to Proceed (Form F48):

  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 person.
  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.

Serve the form

When you've filled out the form, you have to serve the Notice of Intention to Proceed on the other person by ordinary service. This generally means delivering it to their  address for service. See our step-by-step guide Serve Supreme Court documents by ordinary service. It includes how to fill out an Affidavit of Ordinary Service (Form F16) after you have served the Notice of Intention to Proceed.

File the forms

Once you've served the form on the other person, 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.

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