Alberta civil procedure
When must the Court of Justice appeal transcript be filed and served?
3 calendar months after King’s Bench notice filing. File the transcript in King’s Bench and serve copies on the appeal-notice recipients. Section 46(3) requires an extension order before the three-month interval expires. Filing the notice earlier in the Court of Justice is not this transcript anchor.
- Period
- 3 calendar months after King’s Bench notice filing
- Trigger
- Filing the notice of appeal in the Court of King’s Bench
- Rule
- Court of Justice Act, RSA 2000 c C-30.5, s 46(3)
Official Court of Justice Act current June 11, 2025, acquired from Alberta King’s Printer October 9, 2026.
Source guide · No automated date
Check the applicable procedure
Section 46(3) requires an extension order before the three-month interval expires. Filing the notice earlier in the Court of Justice is not this transcript anchor. The unresolved completion facts are filing the notice of appeal in the Court of King’s Bench and the source-qualified route to file the transcript in King’s Bench and serve copies on the appeal-notice recipients.
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When must the Court of Justice appeal transcript be filed and served?
3 calendar months after King’s Bench notice filing. File the transcript in King’s Bench and serve copies on the appeal-notice recipients. Section 46(3) requires an extension order before the three-month interval expires. Filing the notice earlier in the Court of Justice is not this transcript anchor.
Responsible actor. The Court of Justice appellant.
Filing the notice of appeal in the Court of King’s Bench.
Section 46(3) requires an extension order before the three-month interval expires. Filing the notice earlier in the Court of Justice is not this transcript anchor.
Section 46(3) requires an extension order before the three-month interval expires. Filing the notice earlier in the Court of Justice is not this transcript anchor.
Court of Justice Act, RSA 2000 c C-30.5, s 46(3)How does this provision count time?
- Identify filing the notice of appeal in the Court of King’s Bench.
- File the transcript in King’s Bench and serve copies on the appeal-notice recipients.
- For file the transcript in King’s Bench and serve copies on the appeal-notice recipients, establish filing the notice of appeal in the Court of King’s Bench under Court of Justice Act, RSA 2000 c C-30.5, s 46(3). The source states 3 calendar months after King’s Bench notice filing. 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 transcript in King’s Bench and serve copies on the appeal-notice recipients. 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 3 calendar months after King’s Bench notice filing.
For file the transcript in King’s Bench and serve copies on the appeal-notice recipients, establish filing the notice of appeal in the Court of King’s Bench under Court of Justice Act, RSA 2000 c C-30.5, s 46(3). The source states 3 calendar months after King’s Bench notice filing. 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 transcript in King’s Bench and serve copies on the appeal-notice recipients. 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 3 calendar months after King’s Bench notice filing.
Court of Justice Act, RSA 2000 c C-30.5, s 46(3)Which facts prevent one automatic date?
Section 46(3) requires an extension order before the three-month interval expires. Filing the notice earlier in the Court of Justice is not this transcript anchor. The unresolved completion facts are filing the notice of appeal in the Court of King’s Bench and the source-qualified route to file the transcript in King’s Bench and serve copies on the appeal-notice recipients.
The Court of Justice appellant establishes filing the notice of appeal in the Court of King’s Bench. Section 46(3) requires an extension order before the three-month interval expires. Filing the notice earlier in the Court of Justice is not this transcript anchor. 3 calendar months after King’s Bench notice filing. File the transcript in King’s Bench and serve copies on the appeal-notice recipients. This source scenario does not calculate a final date.
The proposed boundary for file the transcript in King’s Bench and serve copies on the appeal-notice recipients meets a holiday or closed office. Check the actual completion for file the transcript in King’s Bench and serve copies on the appeal-notice recipients. 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 3 calendar months after King’s Bench notice filing. Establish the precise required completion and applicable closure facts. No moved final date is supplied.
An extension was requested before expiry but no extension order was made until afterwards. Section 46(3) requires an extension order before the three-month interval expires. Filing the notice earlier in the Court of Justice is not this transcript anchor. Review Court of Justice Act, RSA 2000 c C-30.5, s 46(3) with the changed facts. 3 calendar months after King’s Bench notice filing cannot resolve this branch by itself.
Which conditions and exceptions apply?
- Actual source branch
- Section 46(3) requires an extension order before the three-month interval expires. Filing the notice earlier in the Court of Justice is not this transcript anchor.
- Source interval and calendar
- For file the transcript in King’s Bench and serve copies on the appeal-notice recipients, establish filing the notice of appeal in the Court of King’s Bench under Court of Justice Act, RSA 2000 c C-30.5, s 46(3). The source states 3 calendar months after King’s Bench notice filing. 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 Court of Justice appellant. File the transcript in King’s Bench and serve copies on the appeal-notice recipients.
- Section 46(3) requires an extension order before the three-month interval expires. Filing the notice earlier in the Court of Justice is not this transcript anchor.
- The actor is the Court of Justice appellant. The event is filing the notice of appeal in the Court of King’s Bench. The boundary is required completion. Section 46(3) requires an extension order before the three-month interval expires. Filing the notice earlier in the Court of Justice is not this transcript anchor.
What must the responsible actor complete?
Questions about this procedure
When must the Court of Justice appeal transcript be filed and served?
Which notice filing starts transcript time?
The Court of King’s Bench filing, not the earlier Court of Justice notice filing.
Court of Justice Act, RSA 2000 c C-30.5, s 46(3)Is serving the transcript enough?
No. Section 46(3) also requires filing with King’s Bench.
Court of Justice Act, RSA 2000 c C-30.5, s 46(3)Who receives transcript copies?
The parties served under section 46(1)(a)(ii).
Court of Justice Act, RSA 2000 c C-30.5, s 46(3)Must an extension order precede expiry?
Yes. Paragraph(3) requires the order to be made before expiration of the three-month period.
Court of Justice Act, RSA 2000 c C-30.5, s 46(3)Does the notice-extension power automatically extend transcript time?
No. Section 46(2) and section 46(3) have different express conditions.
Court of Justice Act, RSA 2000 c C-30.5, s 46(3)What if no transcript can be provided?
Section 46(4) permits an appropriate order, including returning the matter for a new hearing, on the appellant’s application.
Court of Justice Act, RSA 2000 c C-30.5, s 46(3)Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| Court of Justice Act, RSA 2000 c C-30.5, s 46(3) | Check the identified procedure, event, counting rule or qualification |
| Alberta Interpretation Act, section 22 | Check the identified procedure, event, counting rule or qualification |