A Request to Clerk (Form 9B) is used in Ontario Small Claims Court to ask the court clerk to take an administrative step that does not require a judge — such as noting a defendant in default, signing default judgment on a debt, setting an action down for a settlement conference or trial, or discontinuing a claim. If you need the court to actually decide something, you use a Notice of Motion instead.
- The Request to Clerk (Form 9B) is for administrative steps the court clerk can handle without a judge.
- Common uses: noting a defendant in default, signing default judgment on a debt or liquidated amount, and setting an action down for a settlement conference or trial.
- It is also used to discontinue or withdraw a claim, or to request other routine administrative action from the clerk.
- If your request needs a judge to decide something (extend a deadline, set aside a judgment, etc.), you need a Notice of Motion — not a Request to Clerk.
- You state exactly what you are asking for on the form, file it with the court (online or in person), and pay any applicable fee.
- Using the wrong form is a common cause of delay — the clerk cannot grant something that actually requires a judicial decision.
The Short Answer
A Request to Clerk (Form 9B) is how you ask the Ontario Small Claims Court to take an administrative step that doesn't need a judge — such as noting a defendant in default, signing default judgment on a debt, setting your action down for a settlement conference or trial, or discontinuing a claim. If instead you need the court to decide something, you use a Notice of Motion.
What the Request to Clerk Is
The Request to Clerk is a short, standardized form (Form 9B) that tells the court office what routine action you want taken in your case. Because these steps are administrative rather than discretionary, they're handled by the court clerk — you don't need to schedule time in front of a Deputy Judge. You simply identify your case, state exactly what you're requesting, and file the form.
Common Uses
A Request to Clerk covers a range of everyday case-management steps, including:
| Request | What It Does |
|---|---|
| Note in default | Record that a defendant failed to file a Defence within the deadline |
| Default judgment (debt) | Ask the clerk to sign judgment for a fixed, calculable amount |
| Set action down | Request a settlement conference or a trial date |
| Discontinue / withdraw | End your own claim, in whole or in part |
| Other administrative requests | Routine steps the clerk can process without a judge |
Request to Clerk vs. Notice of Motion
The key distinction is who decides. A Request to Clerk asks staff to process an administrative step. A Notice of Motion asks a Deputy Judge to make a decision — to grant relief that involves discretion.
The clerk cannot grant something that requires a judicial decision. Asking a clerk (via Form 9B) to, say, extend a missed deadline or set aside a judgment won't work — those need a Notice of Motion before a judge. Filing the wrong form is a common and avoidable cause of delay.
A defendant was served and never filed a Defence. You use a Request to Clerk to note them in default and, because your claim is for a fixed invoice amount, to have the clerk sign default judgment. But if you later want to set aside a judgment entered against you, that's a decision only a judge can make — so you'd file a Notice of Motion instead.
How to File It
Complete Form 9B, clearly identify your action and the parties, and specify exactly what you're asking the clerk to do. File it with the court office — many Small Claims Court steps can be filed through Ontario's Civil Claims Online portal, though certain requests may still require filing in person. Pay any applicable court fee (some steps carry a fee and some don't, depending on the request).
If your request depends on a deadline — like noting a defendant in default — be ready to show the court how and when the defendant was served. A step built on shaky proof of service can be challenged later.
Common Mistakes
Anything requiring a judge's decision — extending a deadline, setting aside a judgment — needs a Notice of Motion, not Form 9B.
Requests that depend on a deadline (like default) can be vulnerable if you can't clearly document service.
The clerk acts on what you write. Be specific about exactly what step you want taken.
Some steps carry a court fee — confirm before filing so your request isn't held up.
Not sure whether you need a Request to Clerk or a motion? Call our Toronto team at 416-274-2222 for a free consultation.
Frequently Asked Questions
A Request to Clerk (Form 9B) is a form used to ask the court clerk to take an administrative step in your case that does not require a judge's decision — for example, noting a defendant in default, signing default judgment on a debt, setting an action down for a settlement conference or trial, or discontinuing a claim.
In the Ontario Small Claims Court, the Request to Clerk is Form 9B. You complete it, specify exactly what you are asking the clerk to do, and file it with the court.
Use a Request to Clerk for routine, administrative steps a clerk can process without exercising judgment. Use a Notice of Motion when you need the court to actually decide something — such as extending a deadline, setting aside a default judgment, or ordering the other side to do something. The clerk cannot grant relief that requires a judicial decision.
Yes, for a debt or liquidated demand — a fixed, calculable amount — the clerk can sign default judgment after the defendant is noted in default, and a Request to Clerk is part of that administrative process. Claims for unliquidated damages instead require an assessment hearing before a judge.
Some steps requested through the form carry a court fee and some do not, depending on what you are asking for. Confirm the current fee with the court office or the Ontario court fees regulation before filing.
Many Small Claims Court steps can be filed through Ontario's Civil Claims Online portal, though certain requests or claim types may still require filing in person. We handle the filing process end-to-end so the right form reaches the court the right way.