Alberta civil procedure
How long does an Alberta Court of Justice civil claim remain available for service?
1 year after filing, subject to a timely requested extension. Serve the civil claim on the defendant. Section 4 requires a qualifying extension application before the ordinary year expires. Any extension cannot exceed three months. Extended service must include the order or written notice.
- Period
- 1 year after filing, subject to a timely requested extension
- Trigger
- The civil claim’s filing date
- Rule
- Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 4(1)
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 4 requires a qualifying extension application before the ordinary year expires. Any extension cannot exceed three months. Extended service must include the order or written notice. The unresolved completion facts are the civil claim’s filing date and the source-qualified route to serve the civil claim on the defendant.
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How long does an Alberta Court of Justice civil claim remain available for service?
1 year after filing, subject to a timely requested extension. Serve the civil claim on the defendant. Section 4 requires a qualifying extension application before the ordinary year expires. Any extension cannot exceed three months. Extended service must include the order or written notice.
Responsible actor. The Court of Justice civil claimant.
The civil claim’s filing date.
Section 4 requires a qualifying extension application before the ordinary year expires. Any extension cannot exceed three months. Extended service must include the order or written notice.
Section 4 requires a qualifying extension application before the ordinary year expires. Any extension cannot exceed three months. Extended service must include the order or written notice.
Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 4(1)How does this provision count time?
- Identify the civil claim’s filing date.
- Serve the civil claim on the defendant.
- For serve the civil claim on the defendant, establish the civil claim’s filing date under Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 4(1). The source states 1 year after filing, subject to a timely requested extension. 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 serve the civil claim on the defendant. 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 1 year after filing, subject to a timely requested extension.
For serve the civil claim on the defendant, establish the civil claim’s filing date under Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 4(1). The source states 1 year after filing, subject to a timely requested extension. 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 serve the civil claim on the defendant. 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 1 year after filing, subject to a timely requested extension.
Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 4(1)Which facts prevent one automatic date?
Section 4 requires a qualifying extension application before the ordinary year expires. Any extension cannot exceed three months. Extended service must include the order or written notice. The unresolved completion facts are the civil claim’s filing date and the source-qualified route to serve the civil claim on the defendant.
The Court of Justice civil claimant establishes the civil claim’s filing date. Section 4 requires a qualifying extension application before the ordinary year expires. Any extension cannot exceed three months. Extended service must include the order or written notice. 1 year after filing, subject to a timely requested extension. Serve the civil claim on the defendant. This source scenario does not calculate a final date.
The proposed boundary for serve the civil claim on the defendant meets a holiday or closed office. Check the actual completion for serve the civil claim on the defendant. 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 1 year after filing, subject to a timely requested extension. Establish the precise conditional claim service validity and applicable closure facts. No moved final date is supplied.
The claimant seeks an extension only after the ordinary year has expired. Section 4 requires a qualifying extension application before the ordinary year expires. Any extension cannot exceed three months. Extended service must include the order or written notice. Review Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 4(1) with the changed facts. 1 year after filing, subject to a timely requested extension cannot resolve this branch by itself.
Which conditions and exceptions apply?
- Actual source branch
- Section 4 requires a qualifying extension application before the ordinary year expires. Any extension cannot exceed three months. Extended service must include the order or written notice.
- Source interval and calendar
- For serve the civil claim on the defendant, establish the civil claim’s filing date under Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 4(1). The source states 1 year after filing, subject to a timely requested extension. 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 civil claimant. Serve the civil claim on the defendant.
- Section 4 requires a qualifying extension application before the ordinary year expires. Any extension cannot exceed three months. Extended service must include the order or written notice.
- The actor is the Court of Justice civil claimant. The event is the civil claim’s filing date. The boundary is conditional claim service validity. Section 4 requires a qualifying extension application before the ordinary year expires. Any extension cannot exceed three months. Extended service must include the order or written notice.
What must the responsible actor complete?
Questions about this procedure
How long does an Alberta Court of Justice civil claim remain available for service?
When does the ordinary civil claim service year start?
Section 4(1) uses the date the civil claim is filed.
Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 4(1)Must an extension application precede expiry?
Yes. Section 4(1) requires it to be filed before the one-year limit expires.
Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 4(1)How long can the service extension be?
Section 4(2) limits it to three months.
Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 4(1)What accompanies service within an extension?
Section 4(3) requires a copy of the order or written notice of it.
Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 4(1)What happens if a defendant is not served in time?
Section 4(4) bars further proceedings against that defendant.
Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 4(1)Does the King’s Bench statement-of-claim rule replace this regulation?
No. Court of Justice section 4 is the operative procedure for this civil claim.
Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 4(1)Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 4(1) | Check the identified procedure, event, counting rule or qualification |
| Alberta Interpretation Act, section 22 | Check the identified procedure, event, counting rule or qualification |