Alberta civil procedure
When must a Court of Justice appellant file the King’s Bench appeal materials?
Not later than 7 days after the last day for service. File the appeal notice copy, service affidavit and transcript order-and-payment receipt in King’s Bench. Section 46(1)(b) uses the last day for service, not the date the appellant happened to serve early. The earlier judgment-based stage and any actual further-period order must first be established.
- Period
- Not later than 7 days after the last day for service
- Trigger
- The legally established last day for appeal-notice service
- Rule
- Court of Justice Act, RSA 2000 c C-30.5, s 46(1)(b)
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(1)(b) uses the last day for service, not the date the appellant happened to serve early. The earlier judgment-based stage and any actual further-period order must first be established. The unresolved completion facts are the legally established last day for appeal-notice service and the source-qualified route to file the appeal notice copy, service affidavit and transcript order-and-payment receipt in King’s Bench.
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When must a Court of Justice appellant file the King’s Bench appeal materials?
Not later than 7 days after the last day for service. File the appeal notice copy, service affidavit and transcript order-and-payment receipt in King’s Bench. Section 46(1)(b) uses the last day for service, not the date the appellant happened to serve early. The earlier judgment-based stage and any actual further-period order must first be established.
Responsible actor. The Court of Justice appellant.
The legally established last day for appeal-notice service.
Section 46(1)(b) uses the last day for service, not the date the appellant happened to serve early. The earlier judgment-based stage and any actual further-period order must first be established.
Section 46(1)(b) uses the last day for service, not the date the appellant happened to serve early. The earlier judgment-based stage and any actual further-period order must first be established.
Court of Justice Act, RSA 2000 c C-30.5, s 46(1)(b)How does this provision count time?
- Identify the legally established last day for appeal-notice service.
- File the appeal notice copy, service affidavit and transcript order-and-payment receipt in King’s Bench.
- For file the appeal notice copy, service affidavit and transcript order-and-payment receipt in King’s Bench, establish the legally established last day for appeal-notice service under Court of Justice Act, RSA 2000 c C-30.5, s 46(1)(b). The source states not later than 7 days after the last day for 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 appeal notice copy, service affidavit and transcript order-and-payment receipt in King’s Bench. 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 not later than 7 days after the last day for service.
For file the appeal notice copy, service affidavit and transcript order-and-payment receipt in King’s Bench, establish the legally established last day for appeal-notice service under Court of Justice Act, RSA 2000 c C-30.5, s 46(1)(b). The source states not later than 7 days after the last day for 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 appeal notice copy, service affidavit and transcript order-and-payment receipt in King’s Bench. 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 not later than 7 days after the last day for service.
Court of Justice Act, RSA 2000 c C-30.5, s 46(1)(b)Which facts prevent one automatic date?
Section 46(1)(b) uses the last day for service, not the date the appellant happened to serve early. The earlier judgment-based stage and any actual further-period order must first be established. The unresolved completion facts are the legally established last day for appeal-notice service and the source-qualified route to file the appeal notice copy, service affidavit and transcript order-and-payment receipt in King’s Bench.
The Court of Justice appellant establishes the legally established last day for appeal-notice service. Section 46(1)(b) uses the last day for service, not the date the appellant happened to serve early. The earlier judgment-based stage and any actual further-period order must first be established. Not later than 7 days after the last day for service. File the appeal notice copy, service affidavit and transcript order-and-payment receipt in King’s Bench. This source scenario does not calculate a final date.
The proposed boundary for file the appeal notice copy, service affidavit and transcript order-and-payment receipt in King’s Bench meets a holiday or closed office. Check the actual completion for file the appeal notice copy, service affidavit and transcript order-and-payment receipt in King’s Bench. 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 not later than 7 days after the last day for service. Establish the precise derived last service day and applicable closure facts. No moved final date is supplied.
The appellant substitutes an early actual service date for the statutory last day for service. Section 46(1)(b) uses the last day for service, not the date the appellant happened to serve early. The earlier judgment-based stage and any actual further-period order must first be established. Review Court of Justice Act, RSA 2000 c C-30.5, s 46(1)(b) with the changed facts. Not later than 7 days after the last day for service cannot resolve this branch by itself.
Which conditions and exceptions apply?
- Actual source branch
- Section 46(1)(b) uses the last day for service, not the date the appellant happened to serve early. The earlier judgment-based stage and any actual further-period order must first be established.
- Source interval and calendar
- For file the appeal notice copy, service affidavit and transcript order-and-payment receipt in King’s Bench, establish the legally established last day for appeal-notice service under Court of Justice Act, RSA 2000 c C-30.5, s 46(1)(b). The source states not later than 7 days after the last day for 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 Court of Justice appellant. File the appeal notice copy, service affidavit and transcript order-and-payment receipt in King’s Bench.
- Section 46(1)(b) uses the last day for service, not the date the appellant happened to serve early. The earlier judgment-based stage and any actual further-period order must first be established.
- The actor is the Court of Justice appellant. The event is the legally established last day for appeal-notice service. The boundary is derived last service day. Section 46(1)(b) uses the last day for service, not the date the appellant happened to serve early. The earlier judgment-based stage and any actual further-period order must first be established.
What must the responsible actor complete?
Questions about this procedure
When must a Court of Justice appellant file the King’s Bench appeal materials?
Does early service start these seven days?
Section 46(1)(b) uses the last day for service, not simply the appellant’s chosen service day.
Court of Justice Act, RSA 2000 c C-30.5, s 46(1)(b)Which court receives these materials?
The Court of King’s Bench.
Court of Justice Act, RSA 2000 c C-30.5, s 46(1)(b)What proof about the transcript is required?
A receipt showing the appellant ordered and paid for the transcript.
Court of Justice Act, RSA 2000 c C-30.5, s 46(1)(b)Must proof of service be included?
Yes. An affidavit of service of the appeal notice is one of the three listed documents.
Court of Justice Act, RSA 2000 c C-30.5, s 46(1)(b)Can a further filing period be ordered?
Section 46(2) permits the stated further period on application before or after the ordinary intervals expire.
Court of Justice Act, RSA 2000 c C-30.5, s 46(1)(b)Does this filing date control the later transcript interval?
Yes. Section 46(3) measures its three months from the notice filing in King’s Bench.
Court of Justice Act, RSA 2000 c C-30.5, s 46(1)(b)Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| Court of Justice Act, RSA 2000 c C-30.5, s 46(1)(b) | Check the identified procedure, event, counting rule or qualification |
| Alberta Interpretation Act, section 22 | Check the identified procedure, event, counting rule or qualification |