British Columbia · Supreme Court

Interim applications in a BC Supreme Court family case: serve first, then file.

In about 7 minutes, this page sets out the usual application procedure under Rule 10-6 as it stands after the October 1, 2026 amendments: what is served first, the response and reply deadlines, how the application is set down for hearing with the new Form F31.1, the application record, and the related requisitions.

The key steps and deadlines
  1. Serve an unfiled notice of application in Form F31 (10 pages maximum) with the affidavits relied on (Rule 10-6 (2), (3)).
  2. A respondent serves an unfiled Form F32 application response (10 pages maximum) within 5 business days; 21 days for a summary trial application; 14 days for the four change or set-aside applications (Rule 10-6 (8), (8.1), (9)).
  3. Reply affidavits: within 3 business days, or 5 business days for those special applications (Rule 10-6 (12)).
  4. Then the applicant files a Form F31.1 notice of hearing of application with the notice of application and affidavits (Rule 10-6 (13.1), (13.4)).
  5. The Form F31.1 is filed and served at least 4 business days before the hearing; 7 days for the special applications; for hearings over 2 hours, within 7 days after the registrar fixes the date and at least 14 days before (Rule 10-6 (13.5)).
  6. Hearings are set for 9:45 a.m. unless the court or a registrar fixes another time (Rule 10-6 (13.2)).

Rules current to October 27, 2026 (Supreme Court Family Rules, B.C. Reg. 169/2009, as amended). Last reviewed November 2, 2026.

What this page does not do.

It describes the procedure the Supreme Court Family Rules set. It does not advise whether to bring an application, what order to seek, what evidence to file, or how to argue it. It is legal information, not legal advice, and it does not create a lawyer–client relationship.

On this page

  1. What changed
  2. Serving the application
  3. The response and reply
  4. Setting it down
  5. The application record
  6. Other application routes
  7. Common problems, stated neutrally
  8. Questions people actually ask
  9. Where this comes from
Step one

1What changed on October 1, 2026.

Serve first, then file.

B.C. Reg. 105/2026 (OIC 264/2026), in force October 1, 2026, changed Supreme Court chambers applications to what the BC Supreme Court Rules Committee calls a “serve then file model”, and requires applications to be set for hearing by filing a notice of hearing of application. Under Rule 10-6 as it now reads, the notice of application is served unfiled; it is filed later, with the new Form F31.1, when the application is set down. Material describing the older file-then-serve sequence no longer matches the rule.

Before any of this: in the ordinary course, a notice of application or supporting affidavit cannot be served until a judicial case conference has been held (Rule 7-1 (2)), unless an exception applies. The judicial case conference →

Step two

2Serving the notice of application (Form F31).

Supreme Court Family Rules, Rule 10-6 (2) (a), (b)

“… (a) a copy of an unfiled notice of application; (b) subject to Rule 15-2.1, a copy of any affidavit or other evidence that (i) is to be referred to by the applicant at the hearing, and (ii) has not already been served”

These are served on each party and on every other person who may be affected by the order sought. Rule 10-6 (2) (c) to (f) add further documents for some applications.
  1. Rule 10-6 (3)The notice of application is in Form F31. It sets out the orders sought, a brief factual basis, the legal basis, the evidence relied on, a time estimate and, where permitted, a proposed hearing date. The notice, other than any attached draft order, must not exceed 10 pages.
  2. Rule 10-6 (2.1)Personal service is required for applications to change, suspend or terminate a final order; to set aside or replace an agreement filed under Rule 2-1 (2); to change or set aside a parenting coordinator's determination; to change, suspend or terminate an arbitration award; and for contempt or Family Law Act s. 231 (2) imprisonment applications.

Affidavits have their own rules about what they may contain: affidavits in BC family court →

Step three

3The application response (Form F32) and reply.

Supreme Court Family Rules, Rule 10-6 (8.1)

“(a) subject to paragraphs (b) and (c) of this subrule, within 5 business days after service of the materials referred to in subrule (2); (b) in the case of an application under Rule 11-3, within 21 days after service …; (c) in the case of the following applications, within 14 days after service …: (i) an application to change, suspend or terminate a final order; (ii) … set aside or replace the whole or any part of an agreement filed under Rule 2-1 (2); (iii) … change or set aside a determination of a parenting coordinator filed under Rule 2-1.1 (1); (iv) … change, suspend or terminate an arbitration award filed under Rule 2-1.2 (1).”

Rule 11-3 is the summary trial rule. Ellipses mark omitted words.
  1. Rule 10-6 (8)A person who wishes to respond serves on the applicant and every other party an unfiled application response, with any affidavits or other evidence not already served, within the period in subrule (8.1).
  2. Rule 10-6 (9)The application response is in Form F32 and must not exceed 10 pages. It states whether the respondent consents to, opposes or takes no position on each order sought.
  3. Rule 10-6 (12)An applicant who wishes to reply serves reply affidavits within 3 business days after service, or 5 business days for a summary trial application and the four change or set-aside applications.
Step four

4Setting the application down: the notice of hearing (Form F31.1).

Supreme Court Family Rules, Rule 10-6 (13.1)

“The applicant must not set an application down for hearing unless (a) the applicant has served the materials referred to in subrule (2) …, and (b) one of the following applies to each person required to be served …: (i) the person has served on the applicant an application response …; (ii) the period for the person to serve an application response under subrule (8) has expired.”

  1. Rule 10-6 (13.4)The application is set down by filing a notice of hearing of application in Form F31.1, the notice of application served under subrule (2), and (subject to Rule 15-2.1) the original of any affidavit served, if not already filed, with any other served materials.
  2. Rule 10-6 (13.5) (a)The Form F31.1 is filed and served on each application respondent at least 4 business days before the hearing date.
  3. Rule 10-6 (13.5) (b)For the four change or set-aside applications, at least 7 days before.
  4. Rule 10-6 (13.3), (13.5) (c)If the hearing is estimated to take more than 2 hours, a registrar fixes the date and time, and the Form F31.1 is filed and served within 7 days after the registrar fixes it and at least 14 days before the hearing.
  5. Rule 10-6 (13.2)Hearings are set for 9:45 a.m. on a day the court hears applications, or another time or date fixed by the court or a registrar.
  6. Rule 10-6 (13.6)The applicant files the original of every reply affidavit no later than 4 p.m. on the business day that is 2 business days before the hearing.
  7. Rule 10-6 (13.7)Each application respondent, after the notice of hearing is filed and before the hearing starts, files the materials that subrule lists, including the application response.
Step five

5The application record.

Supreme Court Family Rules, Rule 10-6 (14)

The applicant provides an application record to the registry where the hearing is to take place, starting with a cover page in Form F32.2 and an index, then the filed notice of application, every application response served, and the pleadings, affidavits and orders relied on. It is provided no earlier than 9 a.m. on the business day that is 5 business days before the hearing and no later than 4 p.m. on the business day that is 2 business days before, unless a registrar fixes an earlier date.

Rule 10-6 (14.6) uses a requisition in Form F32.001 (Requisition — Chambers Practice) for matters such as a late application record.

Step six

6Other routes and booking.

  1. Rule 10-7A consent order may be sought by requisition in Form F29, with the order in Form F33.
  2. Rule 10-8An order without notice may be sought by requisition in Form F29, with the order in Form F34.
  3. Rule 10-9 (2)A short notice application may be made by requisition in Form F32.01, without notice and in a summary way.
  4. BookingThe Supreme Court states that, beginning January 1, 2026, its Online Booking System (COBS) can be used to book long chambers hearings, and that from July 1, 2026 every court location uses a booking window for newly released long chambers dates. The 2-hour line that sends a hearing date to a registrar is in Rule 10-6 (13.3).
Watch out for

Common problems, stated neutrally.

  1. Filing the notice of application first: since October 1, 2026, Rule 10-6 (2) requires an unfiled notice to be served; filing comes with the Form F31.1 under Rule 10-6 (13.4).
  2. Setting down too early: Rule 10-6 (13.1) bars setting down until each person has served a response or their time has run out.
  3. Using the 4-business-day period for every application: change or set-aside applications need 7 days, and hearings over 2 hours follow Rule 10-6 (13.5) (c).
  4. Exceeding the page limits: Form F31 and Form F32 are each capped at 10 pages (Rule 10-6 (3), (9)).
  5. Serving before a judicial case conference: Rule 7-1 (2) applies unless an exception or relief applies.
  6. Missing the application record window: Rule 10-6 (14) (e) sets 9 a.m. five business days before to 4 p.m. two business days before.
FAQ

Questions people actually ask.

Do I file or serve the notice of application first in BC Supreme Court?

Since October 1, 2026, Rule 10-6 (2) of the Supreme Court Family Rules requires the applicant to serve a copy of an unfiled notice of application, with the affidavits relied on. The notice of application is filed later, together with a notice of hearing of application in Form F31.1, when the application is set down under Rule 10-6 (13.4).

What is Form F31.1?

Form F31.1 is the Notice of Hearing of Application, added to the Supreme Court Family Rules by B.C. Reg. 105/2026. Under Rule 10-6 (13.4), an application is set down for hearing by filing it with the notice of application and the affidavits served.

How long does the other party have to respond to a notice of application?

Rule 10-6 (8.1) provides 5 business days after service, 21 days for a summary trial application under Rule 11-3, and 14 days for applications to change, suspend or terminate a final order, set aside or replace an agreement, change or set aside a parenting coordinator's determination, or change, suspend or terminate an arbitration award.

How far ahead must the notice of hearing be filed?

Rule 10-6 (13.5) requires the Form F31.1 to be filed and served at least 4 business days before the hearing; at least 7 days before for the four change or set-aside applications; and, for an application estimated to take more than 2 hours, within 7 days after the registrar fixes the date and at least 14 days before the hearing.

What time are applications heard?

Rule 10-6 (13.2) provides that, subject to Rule 10-6 (13.3), the hearing of an application must be set for 9:45 a.m. on a date on which the court hears applications, or at another time or date fixed by the court or a registrar.

Is there a page limit?

Yes. Rule 10-6 (3) provides that a notice of application, other than any attached draft order, must not exceed 10 pages, and Rule 10-6 (9) provides that an application response must not exceed 10 pages.

Official sources

Where this comes from.

  1. Supreme Court Family Rules, B.C. Reg. 169/2009, consolidated (table of contents) — https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/169_2009_00
  2. Supreme Court Family Rules, Parts 10 to 14: Rules 10-6, 10-7, 10-8, 10-9, 11-3 — https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/169_2009_02
  3. Supreme Court Family Rules, Parts 1 to 9: Rule 7-1 — https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/169_2009_01
  4. Supreme Court Family Rules, Appendix A: Forms F29, F31, F31.1, F32, F32.001, F32.01, F32.2, F33, F34 — https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/169_2009_04
  5. BC Supreme Court Rules Committee: October 1, 2026 amendments (B.C. Reg. 105/2026) — https://www2.gov.bc.ca/gov/content/justice/about-bcs-justice-system/sc-rules-committee
  6. Ministry of Attorney General, Steps and Timelines for Supreme Court Civil and Family Applications (October 1, 2026) — https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/about-bc-justice-system/legislation-policy/civil-rules/steps_and_timelines_for_supreme_court_civil_and_family_applications_oct_1_2026.pdf
  7. Supreme Court of BC, Online Booking System (COBS) — https://www.bccourts.ca/supreme_court/scheduling/online_booking.aspx
  8. Province of British Columbia, Supreme Court Family Rules forms (including Form F31.1) — https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/sup-family-forms

This page provides general legal and procedural information for British Columbia. It describes what the Supreme Court Family Rules provide. It does not advise whether to apply, what to seek, or how to argue an application. It is not legal advice. Rules and forms are amended; always confirm the current requirements against the Supreme Court Family Rules before acting. Rule text on this page was checked against B.C. Reg. 169/2009 as consolidated on BC Laws, current to October 27, 2026 (last amended October 1, 2026 by B.C. Reg. 105/2026). Last reviewed November 2, 2026.

Next step

Keep going.

Next: Documents and examinations for discovery

Alongside applications, Part 9 sets the disclosure steps that build the evidence for a trial: the list of documents and the examination for discovery.

Read: Documents and examinations for discovery →

← Judicial case conference (Form F19) · Documents and examinations for discovery →

The Supreme Court family process, in order

  1. How a BC Supreme Court family case works
  2. Notice of family claim (Form F3)
  3. Response to family claim (Form F4)
  4. Counterclaim (Form F5) and response (Form F6)
  5. Financial statement (Form F8)
  6. Judicial case conference (Form F19)
  7. Interim applications (Rule 10-6) (this page)
  8. Documents and examinations for discovery
  9. Settlement conference (Rule 7-2)
  10. Case planning conference (Part 7.1)
  11. Setting a family trial (Part 14)