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Alberta civil procedure

When must a Court of Justice defendant dispute an Alberta-served claim?

20 days after service. File the prescribed dispute note. Section 5(1)(b) selects 20 days for service in Alberta. Section 5(3) allows later filing before noting in default or default judgment. This route does not use King’s Bench calendar-month tiers.

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Read why no date is calculated
Period
20 days after service
Trigger
Effective service of the civil claim in Alberta
Rule
Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 5(1)(b)(i)
Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 5(1)(b)(i)

Official Court of Justice Civil Procedure Regulation current August 1, 2023, including AR 86/2023. Current official acquisition and the 2026 regulation index were checked.

Source guide · No automated date

Check the applicable procedure

Section 5(1)(b) selects 20 days for service in Alberta. Section 5(3) allows later filing before noting in default or default judgment. This route does not use King’s Bench calendar-month tiers. The unresolved completion facts are effective service of the civil claim in Alberta and the source-qualified route to file the prescribed dispute note.

Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 5(1)(b)(i)

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When must a Court of Justice defendant dispute an Alberta-served claim?

20 days after service. File the prescribed dispute note. Section 5(1)(b) selects 20 days for service in Alberta. Section 5(3) allows later filing before noting in default or default judgment. This route does not use King’s Bench calendar-month tiers.

Responsible actor. The defendant defending a Court of Justice civil claim.

Effective service of the civil claim in Alberta.

Section 5(1)(b) selects 20 days for service in Alberta. Section 5(3) allows later filing before noting in default or default judgment. This route does not use King’s Bench calendar-month tiers.

Section 5(1)(b) selects 20 days for service in Alberta. Section 5(3) allows later filing before noting in default or default judgment. This route does not use King’s Bench calendar-month tiers.

Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 5(1)(b)(i)

How does this provision count time?

  1. Identify effective service of the civil claim in Alberta.
  2. File the prescribed dispute note.
  3. For file the prescribed dispute note, establish effective service of the civil claim in Alberta under Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 5(1)(b)(i). The source states 20 days after service. Interpretation Act section 22 addresses time reckoning. Rules of Court day counting cannot be imported merely because the dispute concerns a court.
  4. Check the actual completion for file the prescribed dispute note. Interpretation Act section 22 distinguishes a holiday from a closed office where an act must be completed. Verify the operative recipient, filing method and opening facts before applying an open-day carry to 20 days after service.

For file the prescribed dispute note, establish effective service of the civil claim in Alberta under Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 5(1)(b)(i). The source states 20 days after service. Interpretation Act section 22 addresses time reckoning. Rules of Court day counting cannot be imported merely because the dispute concerns a court.

Check the actual completion for file the prescribed dispute note. Interpretation Act section 22 distinguishes a holiday from a closed office where an act must be completed. Verify the operative recipient, filing method and opening facts before applying an open-day carry to 20 days after service.

Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 5(1)(b)(i)

Which facts prevent one automatic date?

Section 5(1)(b) selects 20 days for service in Alberta. Section 5(3) allows later filing before noting in default or default judgment. This route does not use King’s Bench calendar-month tiers. The unresolved completion facts are effective service of the civil claim in Alberta and the source-qualified route to file the prescribed dispute note.

ResultRead the operative provision and establish the applicable branch.

The defendant defending a Court of Justice civil claim establishes effective service of the civil claim in Alberta. Section 5(1)(b) selects 20 days for service in Alberta. Section 5(3) allows later filing before noting in default or default judgment. This route does not use King’s Bench calendar-month tiers. 20 days after service. File the prescribed dispute note. This source scenario does not calculate a final date.

The proposed boundary for file the prescribed dispute note meets a holiday or closed office. Check the actual completion for file the prescribed dispute note. Interpretation Act section 22 distinguishes a holiday from a closed office where an act must be completed. Verify the operative recipient, filing method and opening facts before applying an open-day carry to 20 days after service. Establish the precise required completion and applicable closure facts. No moved final date is supplied.

The plaintiff already obtained noting in default or default judgment before the attempted late dispute. Section 5(1)(b) selects 20 days for service in Alberta. Section 5(3) allows later filing before noting in default or default judgment. This route does not use King’s Bench calendar-month tiers. Review Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 5(1)(b)(i) with the changed facts. 20 days after service cannot resolve this branch by itself.

Which conditions and exceptions apply?

Actual source branch
Section 5(1)(b) selects 20 days for service in Alberta. Section 5(3) allows later filing before noting in default or default judgment. This route does not use King’s Bench calendar-month tiers.
Source interval and calendar
For file the prescribed dispute note, establish effective service of the civil claim in Alberta under Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 5(1)(b)(i). The source states 20 days after service. Interpretation Act section 22 addresses time reckoning. Rules of Court day counting cannot be imported merely because the dispute concerns a court.
Actor and completion
The defendant defending a Court of Justice civil claim. File the prescribed dispute note.
Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 5(1)(b)(i)
  • Section 5(1)(b) selects 20 days for service in Alberta. Section 5(3) allows later filing before noting in default or default judgment. This route does not use King’s Bench calendar-month tiers.
  • The actor is the defendant defending a Court of Justice civil claim. The event is effective service of the civil claim in Alberta. The boundary is required completion. Section 5(1)(b) selects 20 days for service in Alberta. Section 5(3) allows later filing before noting in default or default judgment. This route does not use King’s Bench calendar-month tiers.

What must the responsible actor complete?

Questions about this procedure

When must a Court of Justice defendant dispute an Alberta-served claim?

Which court does this dispute note concern?

The Alberta Court of Justice civil claim procedure under regulation 176/2018, not a King’s Bench statement of defence.

Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 5(1)(b)(i)

How many days apply to service in Alberta?

Section 5(1)(b) provides 20 days for this location branch.

Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 5(1)(b)(i)

Can a dispute note ever be filed later?

Section 5(3) permits late filing before the defendant is noted in default or default judgment is entered.

Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 5(1)(b)(i)

Does foreign service receive two calendar months?

No. Court of Justice service outside Alberta receives thirty days under section 5, including service outside Canada.

Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 5(1)(b)(i)

Can the defendant instead satisfy the claim?

Section 5(1)(a) permits satisfying the civil claim rather than defending through a dispute note.

Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 5(1)(b)(i)

Does the civil claim’s filing date start the response interval?

No. The provision uses actual service of the claim on the defendant.

Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 5(1)(b)(i)

Official sources and review

Provisions used (2)
Provisions used in this guide
ProvisionPurpose
Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 5(1)(b)(i)Check the identified procedure, event, counting rule or qualification
Alberta Interpretation Act, section 22Check the identified procedure, event, counting rule or qualification
Read the official controlling provision

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