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Alberta civil procedure

When must an Alberta Court of Justice witness notice and allowance be served?

At least 21 days before trial, or as directed. Serve the filed notice to attend with the prescribed witness allowance. Section 27(2) requires the witness allowance to accompany service. The twenty-day King’s Bench witness notice is a different provision. A judicial direction can replace the ordinary spacing.

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Period
At least 21 days before trial, or as directed
Trigger
The established trial date
Rule
Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 27(2)(a)
Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 27(2)(a)

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 27(2) requires the witness allowance to accompany service. The twenty-day King’s Bench witness notice is a different provision. A judicial direction can replace the ordinary spacing. The unresolved completion facts are the established trial date and the source-qualified route to serve the filed notice to attend with the prescribed witness allowance.

Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 27(2)(a)

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When must an Alberta Court of Justice witness notice and allowance be served?

At least 21 days before trial, or as directed. Serve the filed notice to attend with the prescribed witness allowance. Section 27(2) requires the witness allowance to accompany service. The twenty-day King’s Bench witness notice is a different provision. A judicial direction can replace the ordinary spacing.

Responsible actor. The party requiring a witness at the Court of Justice trial.

The established trial date.

Section 27(2) requires the witness allowance to accompany service. The twenty-day King’s Bench witness notice is a different provision. A judicial direction can replace the ordinary spacing.

Section 27(2) requires the witness allowance to accompany service. The twenty-day King’s Bench witness notice is a different provision. A judicial direction can replace the ordinary spacing.

Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 27(2)(a)

How does this provision count time?

  1. Identify the established trial date.
  2. Serve the filed notice to attend with the prescribed witness allowance.
  3. For serve the filed notice to attend with the prescribed witness allowance, establish the established trial date under Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 27(2)(a). The source states at least 21 days before trial, or as directed. Interpretation Act section 22 addresses time reckoning. Rules of Court day counting cannot be imported merely because the dispute concerns a court.
  4. The required spacing for serve the filed notice to attend with the prescribed witness allowance runs before the established trial date. A forward move to an open day may reduce that spacing. Establish the actual completion method, applicable holiday rule and any direction instead of treating a closed endpoint as permission to act later.

For serve the filed notice to attend with the prescribed witness allowance, establish the established trial date under Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 27(2)(a). The source states at least 21 days before trial, or as directed. Interpretation Act section 22 addresses time reckoning. Rules of Court day counting cannot be imported merely because the dispute concerns a court.

The required spacing for serve the filed notice to attend with the prescribed witness allowance runs before the established trial date. A forward move to an open day may reduce that spacing. Establish the actual completion method, applicable holiday rule and any direction instead of treating a closed endpoint as permission to act later.

Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 27(2)(a)

Which facts prevent one automatic date?

Section 27(2) requires the witness allowance to accompany service. The twenty-day King’s Bench witness notice is a different provision. A judicial direction can replace the ordinary spacing. The unresolved completion facts are the established trial date and the source-qualified route to serve the filed notice to attend with the prescribed witness allowance.

ResultRead the operative provision and establish the applicable branch.

The party requiring a witness at the Court of Justice trial establishes the established trial date. Section 27(2) requires the witness allowance to accompany service. The twenty-day King’s Bench witness notice is a different provision. A judicial direction can replace the ordinary spacing. At least 21 days before trial, or as directed. Serve the filed notice to attend with the prescribed witness allowance. This source scenario does not calculate a final date.

The proposed boundary for serve the filed notice to attend with the prescribed witness allowance meets a holiday or closed office. The required spacing for serve the filed notice to attend with the prescribed witness allowance runs before the established trial date. A forward move to an open day may reduce that spacing. Establish the actual completion method, applicable holiday rule and any direction instead of treating a closed endpoint as permission to act later. Establish the precise minimum witness notice spacing and applicable closure facts. No moved final date is supplied.

The notice was served without the allowance required by section 28. Section 27(2) requires the witness allowance to accompany service. The twenty-day King’s Bench witness notice is a different provision. A judicial direction can replace the ordinary spacing. Review Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 27(2)(a) with the changed facts. At least 21 days before trial, or as directed cannot resolve this branch by itself.

Which conditions and exceptions apply?

Actual source branch
Section 27(2) requires the witness allowance to accompany service. The twenty-day King’s Bench witness notice is a different provision. A judicial direction can replace the ordinary spacing.
Source interval and calendar
For serve the filed notice to attend with the prescribed witness allowance, establish the established trial date under Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 27(2)(a). The source states at least 21 days before trial, or as directed. 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 requiring a witness at the Court of Justice trial. Serve the filed notice to attend with the prescribed witness allowance.
Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 27(2)(a)
  • Section 27(2) requires the witness allowance to accompany service. The twenty-day King’s Bench witness notice is a different provision. A judicial direction can replace the ordinary spacing.
  • The actor is the party requiring a witness at the Court of Justice trial. The event is the established trial date. The boundary is minimum witness notice spacing. Section 27(2) requires the witness allowance to accompany service. The twenty-day King’s Bench witness notice is a different provision. A judicial direction can replace the ordinary spacing.

What must the responsible actor complete?

Questions about this procedure

When must an Alberta Court of Justice witness notice and allowance be served?

Is the Court of Justice witness interval twenty days?

No. Section 27(2)(a) provides at least twenty-one days before trial.

Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 27(2)(a)

Must the allowance accompany service?

Yes. The provision requires the allowance prescribed by section 28.

Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 27(2)(a)

Can the Court direct different notice timing?

Who receives the notice to attend?

The person whose attendance as a witness is required.

Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 27(2)(a)

Does merely filing the notice complete this step?

No. Section 27(2) imposes service with the allowance after the party files the notice.

Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 27(2)(a)

Can a guessed earliest trial date replace the actual listing?

No. Establish the actual trial date and any court direction before assessing required notice spacing.

Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 27(2)(a)

Official sources and review

Provisions used (2)
Provisions used in this guide
ProvisionPurpose
Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 27(2)(a)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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