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Alberta civil procedure

When must an Alberta Court of Justice counterclaim be served on a new party?

30 days after filing, unless the Court orders otherwise. Serve the new party with the dispute note, counterclaim and blank response form. Section 5(6) applies only when the counterclaim adds a new party. Service follows commencement-document rules. The clerk’s sending procedure for existing parties does not replace this duty.

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Read why no date is calculated
Period
30 days after filing, unless the Court orders otherwise
Trigger
Filing the dispute note and counterclaim
Rule
Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 5(6)(b)
Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 5(6)(b)

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 5(6) applies only when the counterclaim adds a new party. Service follows commencement-document rules. The clerk’s sending procedure for existing parties does not replace this duty. The unresolved completion facts are filing the dispute note and counterclaim and the source-qualified route to serve the new party with the dispute note, counterclaim and blank response form.

Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 5(6)(b)

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When must an Alberta Court of Justice counterclaim be served on a new party?

30 days after filing, unless the Court orders otherwise. Serve the new party with the dispute note, counterclaim and blank response form. Section 5(6) applies only when the counterclaim adds a new party. Service follows commencement-document rules. The clerk’s sending procedure for existing parties does not replace this duty.

Responsible actor. The defendant adding a new party by counterclaim.

Filing the dispute note and counterclaim.

Section 5(6) applies only when the counterclaim adds a new party. Service follows commencement-document rules. The clerk’s sending procedure for existing parties does not replace this duty.

Section 5(6) applies only when the counterclaim adds a new party. Service follows commencement-document rules. The clerk’s sending procedure for existing parties does not replace this duty.

Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 5(6)(b)

How does this provision count time?

  1. Identify filing the dispute note and counterclaim.
  2. Serve the new party with the dispute note, counterclaim and blank response form.
  3. For serve the new party with the dispute note, counterclaim and blank response form, establish filing the dispute note and counterclaim under Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 5(6)(b). The source states 30 days after filing, unless the Court orders otherwise. Interpretation Act section 22 addresses time reckoning. Rules of Court day counting cannot be imported merely because the dispute concerns a court.
  4. Check the actual completion for serve the new party with the dispute note, counterclaim and blank response form. 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 filing, unless the Court orders otherwise.

For serve the new party with the dispute note, counterclaim and blank response form, establish filing the dispute note and counterclaim under Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 5(6)(b). The source states 30 days after filing, unless the Court orders otherwise. 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 new party with the dispute note, counterclaim and blank response form. 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 filing, unless the Court orders otherwise.

Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 5(6)(b)

Which facts prevent one automatic date?

Section 5(6) applies only when the counterclaim adds a new party. Service follows commencement-document rules. The clerk’s sending procedure for existing parties does not replace this duty. The unresolved completion facts are filing the dispute note and counterclaim and the source-qualified route to serve the new party with the dispute note, counterclaim and blank response form.

ResultRead the operative provision and establish the applicable branch.

The defendant adding a new party by counterclaim establishes filing the dispute note and counterclaim. Section 5(6) applies only when the counterclaim adds a new party. Service follows commencement-document rules. The clerk’s sending procedure for existing parties does not replace this duty. 30 days after filing, unless the Court orders otherwise. Serve the new party with the dispute note, counterclaim and blank response form. This source scenario does not calculate a final date.

The proposed boundary for serve the new party with the dispute note, counterclaim and blank response form meets a holiday or closed office. Check the actual completion for serve the new party with the dispute note, counterclaim and blank response form. 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 filing, unless the Court orders otherwise. Establish the precise required completion and applicable closure facts. No moved final date is supplied.

The counterclaim added a new party but only the existing plaintiff received documents. Section 5(6) applies only when the counterclaim adds a new party. Service follows commencement-document rules. The clerk’s sending procedure for existing parties does not replace this duty. Review Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 5(6)(b) with the changed facts. 30 days after filing, unless the Court orders otherwise cannot resolve this branch by itself.

Which conditions and exceptions apply?

Actual source branch
Section 5(6) applies only when the counterclaim adds a new party. Service follows commencement-document rules. The clerk’s sending procedure for existing parties does not replace this duty.
Source interval and calendar
For serve the new party with the dispute note, counterclaim and blank response form, establish filing the dispute note and counterclaim under Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 5(6)(b). The source states 30 days after filing, unless the Court orders otherwise. 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 defendant adding a new party by counterclaim. Serve the new party with the dispute note, counterclaim and blank response form.
Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 5(6)(b)
  • Section 5(6) applies only when the counterclaim adds a new party. Service follows commencement-document rules. The clerk’s sending procedure for existing parties does not replace this duty.
  • The actor is the defendant adding a new party by counterclaim. The event is filing the dispute note and counterclaim. The boundary is required completion. Section 5(6) applies only when the counterclaim adds a new party. Service follows commencement-document rules. The clerk’s sending procedure for existing parties does not replace this duty.

What must the responsible actor complete?

Questions about this procedure

When must an Alberta Court of Justice counterclaim be served on a new party?

What starts the new-party counterclaim service period?

Filing of the dispute note and counterclaim under section 5(6)(b).

Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 5(6)(b)

Does this branch apply without a new party?

No. Section 5(6) expressly concerns a counterclaim adding a new party.

Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 5(6)(b)

What blank form accompanies service?

The prescribed blank dispute note to counterclaim form.

Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 5(6)(b)

Which service rules apply to the new party?

Division 1 of Part 12 applies as though the dispute note were a commencement document.

Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 5(6)(b)

Can the Court choose a different service time?

Yes. Section 5(6)(b) expressly recognizes a court order.

Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 5(6)(b)

Does clerk delivery to existing parties satisfy new-party service?

No. Sections 5(4) and(5) address existing-party delivery, while paragraph(6) imposes the separate new-party duty.

Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 5(6)(b)

Official sources and review

Provisions used (2)
Provisions used in this guide
ProvisionPurpose
Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 5(6)(b)Check the identified procedure, event, counting rule or qualification
Alberta Interpretation Act, section 22Check the identified procedure, event, counting rule or qualification
Read the official controlling provision

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