Alberta civil procedure
When must an Alberta Court of Justice appeal notice be filed and served?
30 days after judgment is given, subject to a section 46(2) order. File the notice in the Court of Justice and serve the respondent and any directed person. Section 46(1)(a) requires both filing and service. The judgment-giving event differs from later entry or written reasons. The subsequent King’s Bench material filing is a separate stage.
- Period
- 30 days after judgment is given, subject to a section 46(2) order
- Trigger
- The day the judgment was given
- Rule
- Court of Justice Act, RSA 2000 c C-30.5, s 46(1)(a)
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)(a) requires both filing and service. The judgment-giving event differs from later entry or written reasons. The subsequent King’s Bench material filing is a separate stage. The unresolved completion facts are the day the judgment was given and the source-qualified route to file the notice in the Court of Justice and serve the respondent and any directed person.
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When must an Alberta Court of Justice appeal notice be filed and served?
30 days after judgment is given, subject to a section 46(2) order. File the notice in the Court of Justice and serve the respondent and any directed person. Section 46(1)(a) requires both filing and service. The judgment-giving event differs from later entry or written reasons. The subsequent King’s Bench material filing is a separate stage.
Responsible actor. The party appealing a Court of Justice judgment.
The day the judgment was given.
Section 46(1)(a) requires both filing and service. The judgment-giving event differs from later entry or written reasons. The subsequent King’s Bench material filing is a separate stage.
Section 46(1)(a) requires both filing and service. The judgment-giving event differs from later entry or written reasons. The subsequent King’s Bench material filing is a separate stage.
Court of Justice Act, RSA 2000 c C-30.5, s 46(1)(a)How does this provision count time?
- Identify the day the judgment was given.
- File the notice in the Court of Justice and serve the respondent and any directed person.
- For file the notice in the Court of Justice and serve the respondent and any directed person, establish the day the judgment was given under Court of Justice Act, RSA 2000 c C-30.5, s 46(1)(a). The source states 30 days after judgment is given, subject to a section 46(2) order. 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 notice in the Court of Justice and serve the respondent and any directed person. 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 30 days after judgment is given, subject to a section 46(2) order.
For file the notice in the Court of Justice and serve the respondent and any directed person, establish the day the judgment was given under Court of Justice Act, RSA 2000 c C-30.5, s 46(1)(a). The source states 30 days after judgment is given, subject to a section 46(2) order. 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 notice in the Court of Justice and serve the respondent and any directed person. 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 30 days after judgment is given, subject to a section 46(2) order.
Court of Justice Act, RSA 2000 c C-30.5, s 46(1)(a)Which facts prevent one automatic date?
Section 46(1)(a) requires both filing and service. The judgment-giving event differs from later entry or written reasons. The subsequent King’s Bench material filing is a separate stage. The unresolved completion facts are the day the judgment was given and the source-qualified route to file the notice in the Court of Justice and serve the respondent and any directed person.
The party appealing a Court of Justice judgment establishes the day the judgment was given. Section 46(1)(a) requires both filing and service. The judgment-giving event differs from later entry or written reasons. The subsequent King’s Bench material filing is a separate stage. 30 days after judgment is given, subject to a section 46(2) order. File the notice in the Court of Justice and serve the respondent and any directed person. This source scenario does not calculate a final date.
The proposed boundary for file the notice in the Court of Justice and serve the respondent and any directed person meets a holiday or closed office. Check the actual completion for file the notice in the Court of Justice and serve the respondent and any directed person. 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 30 days after judgment is given, subject to a section 46(2) order. Establish the precise optional appeal completion and applicable closure facts. No moved final date is supplied.
Only the later written-reasons date is known, while the judgment was already given earlier. Section 46(1)(a) requires both filing and service. The judgment-giving event differs from later entry or written reasons. The subsequent King’s Bench material filing is a separate stage. Review Court of Justice Act, RSA 2000 c C-30.5, s 46(1)(a) with the changed facts. 30 days after judgment is given, subject to a section 46(2) order cannot resolve this branch by itself.
Which conditions and exceptions apply?
- Actual source branch
- Section 46(1)(a) requires both filing and service. The judgment-giving event differs from later entry or written reasons. The subsequent King’s Bench material filing is a separate stage.
- Source interval and calendar
- For file the notice in the Court of Justice and serve the respondent and any directed person, establish the day the judgment was given under Court of Justice Act, RSA 2000 c C-30.5, s 46(1)(a). The source states 30 days after judgment is given, subject to a section 46(2) order. 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 party appealing a Court of Justice judgment. File the notice in the Court of Justice and serve the respondent and any directed person.
- Section 46(1)(a) requires both filing and service. The judgment-giving event differs from later entry or written reasons. The subsequent King’s Bench material filing is a separate stage.
- The actor is the party appealing a Court of Justice judgment. The event is the day the judgment was given. The boundary is optional appeal completion. Section 46(1)(a) requires both filing and service. The judgment-giving event differs from later entry or written reasons. The subsequent King’s Bench material filing is a separate stage.
What must the responsible actor complete?
Questions about this procedure
When must an Alberta Court of Justice appeal notice be filed and served?
Which court receives the first appeal notice filing?
The Court of Justice under section 46(1)(a)(i).
Court of Justice Act, RSA 2000 c C-30.5, s 46(1)(a)Does judgment entry start the thirty days?
Section 46 uses the judgment being given, so later entry cannot be substituted without source support.
Court of Justice Act, RSA 2000 c C-30.5, s 46(1)(a)Who must receive the notice?
The respondent and any other person the Court of King’s Bench directs.
Court of Justice Act, RSA 2000 c C-30.5, s 46(1)(a)Is filing alone sufficient within thirty days?
No. Section 46(1)(a) also requires service.
Court of Justice Act, RSA 2000 c C-30.5, s 46(1)(a)Can a further period be ordered after ordinary expiry?
Section 46(2) permits an application before or after expiry and a further period not exceeding thirty days from the order.
Court of Justice Act, RSA 2000 c C-30.5, s 46(1)(a)Is the transcript due on this same date?
No. Section 46(3) has a separate three-month interval anchored to King’s Bench filing.
Court of Justice Act, RSA 2000 c C-30.5, s 46(1)(a)Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| Court of Justice Act, RSA 2000 c C-30.5, s 46(1)(a) | Check the identified procedure, event, counting rule or qualification |
| Alberta Interpretation Act, section 22 | Check the identified procedure, event, counting rule or qualification |