Alberta civil procedure
When must a new Alberta Court of Justice counterclaim party respond?
20 days after Alberta service in the section 7(2)(b) branch. File the prescribed dispute note to counterclaim. Section 7(3) distinguishes the new-party service branch from a court-ordered response under paragraph(1). Outside-Alberta new-party service uses thirty days.
- Period
- 20 days after Alberta service in the section 7(2)(b) branch
- Trigger
- Service of the dispute note and counterclaim on the new party
- Rule
- Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 7(3)(a)(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 7(3) distinguishes the new-party service branch from a court-ordered response under paragraph(1). Outside-Alberta new-party service uses thirty days. The unresolved completion facts are service of the dispute note and counterclaim on the new party and the source-qualified route to file the prescribed dispute note to counterclaim.
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When must a new Alberta Court of Justice counterclaim party respond?
20 days after Alberta service in the section 7(2)(b) branch. File the prescribed dispute note to counterclaim. Section 7(3) distinguishes the new-party service branch from a court-ordered response under paragraph(1). Outside-Alberta new-party service uses thirty days.
Responsible actor. The new party served with a counterclaim in Alberta.
Service of the dispute note and counterclaim on the new party.
Section 7(3) distinguishes the new-party service branch from a court-ordered response under paragraph(1). Outside-Alberta new-party service uses thirty days.
Section 7(3) distinguishes the new-party service branch from a court-ordered response under paragraph(1). Outside-Alberta new-party service uses thirty days.
Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 7(3)(a)(i)How does this provision count time?
- Identify service of the dispute note and counterclaim on the new party.
- File the prescribed dispute note to counterclaim.
- For file the prescribed dispute note to counterclaim, establish service of the dispute note and counterclaim on the new party under Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 7(3)(a)(i). The source states 20 days after Alberta service in the section 7(2)(b) branch. 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 to counterclaim. 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 Alberta service in the section 7(2)(b) branch.
For file the prescribed dispute note to counterclaim, establish service of the dispute note and counterclaim on the new party under Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 7(3)(a)(i). The source states 20 days after Alberta service in the section 7(2)(b) branch. 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 to counterclaim. 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 Alberta service in the section 7(2)(b) branch.
Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 7(3)(a)(i)Which facts prevent one automatic date?
Section 7(3) distinguishes the new-party service branch from a court-ordered response under paragraph(1). Outside-Alberta new-party service uses thirty days. The unresolved completion facts are service of the dispute note and counterclaim on the new party and the source-qualified route to file the prescribed dispute note to counterclaim.
The new party served with a counterclaim in Alberta establishes service of the dispute note and counterclaim on the new party. Section 7(3) distinguishes the new-party service branch from a court-ordered response under paragraph(1). Outside-Alberta new-party service uses thirty days. 20 days after Alberta service in the section 7(2)(b) branch. File the prescribed dispute note to counterclaim. This source scenario does not calculate a final date.
The proposed boundary for file the prescribed dispute note to counterclaim meets a holiday or closed office. Check the actual completion for file the prescribed dispute note to counterclaim. 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 Alberta service in the section 7(2)(b) branch. Establish the precise required completion and applicable closure facts. No moved final date is supplied.
The responding existing party acts under a section 7(1) order with its own deadline. Section 7(3) distinguishes the new-party service branch from a court-ordered response under paragraph(1). Outside-Alberta new-party service uses thirty days. Review Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 7(3)(a)(i) with the changed facts. 20 days after Alberta service in the section 7(2)(b) branch cannot resolve this branch by itself.
Which conditions and exceptions apply?
- Actual source branch
- Section 7(3) distinguishes the new-party service branch from a court-ordered response under paragraph(1). Outside-Alberta new-party service uses thirty days.
- Source interval and calendar
- For file the prescribed dispute note to counterclaim, establish service of the dispute note and counterclaim on the new party under Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 7(3)(a)(i). The source states 20 days after Alberta service in the section 7(2)(b) branch. 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 new party served with a counterclaim in Alberta. File the prescribed dispute note to counterclaim.
- Section 7(3) distinguishes the new-party service branch from a court-ordered response under paragraph(1). Outside-Alberta new-party service uses thirty days.
- The actor is the new party served with a counterclaim in Alberta. The event is service of the dispute note and counterclaim on the new party. The boundary is required completion. Section 7(3) distinguishes the new-party service branch from a court-ordered response under paragraph(1). Outside-Alberta new-party service uses thirty days.
What must the responsible actor complete?
Questions about this procedure
When must a new Alberta Court of Justice counterclaim party respond?
Does every counterclaim response receive twenty days?
No. Section 7(3)(b) uses the time directed by the Court for the court-order branch.
Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 7(3)(a)(i)Which event starts the new-party response?
Service of the dispute note and counterclaim.
Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 7(3)(a)(i)What period follows service outside Alberta?
Section 7(3)(a)(ii) provides thirty days.
Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 7(3)(a)(i)Does the counterclaim filing date start the response?
No. The branch here uses service on the party.
Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 7(3)(a)(i)Which document does the recipient file?
The prescribed dispute note to counterclaim.
Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 7(3)(a)(i)Can the ordinary civil-claim dispute note period be substituted?
Establish the section 7 branch and recipient status first, rather than borrowing section 5 solely because both mention twenty days.
Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 7(3)(a)(i)Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 7(3)(a)(i) | Check the identified procedure, event, counting rule or qualification |
| Alberta Interpretation Act, section 22 | Check the identified procedure, event, counting rule or qualification |