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Starting a Queen's Bench Case

The rules about how to start a case in Queen’s Bench Court can be found in Part 3 of the Queen’s Bench Rules. Below is a summary of some of these rules. There are detailed rules about starting different types of cases so it is important to read these rules.

Most Queen’s Bench cases are started with a Statement of Claim. In some cases the Rules of Court or another law require an action to be started with an Originating Application. These are generally used when a law specifically says that someone can make an Application to court to resolve a certain issue.

Family law cases are started with a Petition. See Family Law Saskatchewan for more information and to use the Form Wizard to create the court forms you need. Different forms are also required where someone is asking the court to review the decision of a Government Agency or where the matter involves an Estate.

Statement of Claim

There are some general rules that apply to a Statement of Claim. There are also detailed rules that apply to certain types of cases. You will need to review these rules to see if they apply to your case. The rules about Statements of Claim can be found in Part 13 of the Queen’s Bench Rules of Court.

The Statement of Claim must include the facts you will rely on to make your case but not the evidence that will be used to prove those facts. It must tell the other party what you are claiming and why.

Form

Use Form 3-9 of the Queen’s Bench Forms.

  • Divide the content into numbered paragraphs with one paragraph for each issue.
  • Sign it.

Required Content

  • names of the parties and where they live
  • what you are claiming
  • the facts that prove your case but not the evidence you will use to prove those facts
  • any laws that support your case
  • any remedy you want the court to order

The Statement of Claim must be issued by the court and served on the other party within 6 months of when it was issued.

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PLEA gratefully acknowledges our primary core funder the Law Foundation of Saskatchewan for their continuing and generous support of our organization.