What is required to commence an action in the Small Claims Court?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

To commence an action in the Small Claims Court, filling out a Claim (Form 1) is essential because this form initiates the legal process. It provides the necessary details about the claim, including the nature of the dispute, the parties involved, and the relief sought. Serving a Response is not required at the initiation of an action, as this step comes later, once the defendant has been informed of the claim against them.

The other options involve procedures that either occur after the initial claim is filed or are unrelated to the commencement of the action. For example, filing a notice of action is more common in higher courts rather than Small Claims Court, and while submitting financial statements might be relevant in some cases, it is not a requirement to begin an action. Similarly, holding a pre-trial conference is intended for cases that are progressing through litigation and is not a prerequisite to starting a claim. Thus, the correct answer emphasizes the initial step that must be taken to launch a case in the Small Claims Court.

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