Alberta civil procedure
When must an Alberta Court of Justice third party claim be filed and served?
Within 30 days after dispute-note filing and before default or judgment. File and serve the third party claim on the third party defendant, plaintiff and other defendants. Section 9(2) imposes both boundaries, while permitting another time allowed by the Court. This is not the six-month King’s Bench third party procedure.
- Period
- Within 30 days after dispute-note filing and before default or judgment
- Trigger
- Filing its dispute note and actual default or judgment status
- Rule
- Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 9(2)(a) and (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 9(2) imposes both boundaries, while permitting another time allowed by the Court. This is not the six-month King’s Bench third party procedure. The unresolved completion facts are filing its dispute note and actual default or judgment status and the source-qualified route to file and serve the third party claim on the third party defendant, plaintiff and other defendants.
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When must an Alberta Court of Justice third party claim be filed and served?
Within 30 days after dispute-note filing and before default or judgment. File and serve the third party claim on the third party defendant, plaintiff and other defendants. Section 9(2) imposes both boundaries, while permitting another time allowed by the Court. This is not the six-month King’s Bench third party procedure.
Responsible actor. The defendant acting as third party plaintiff.
Filing its dispute note and actual default or judgment status.
Section 9(2) imposes both boundaries, while permitting another time allowed by the Court. This is not the six-month King’s Bench third party procedure.
Section 9(2) imposes both boundaries, while permitting another time allowed by the Court. This is not the six-month King’s Bench third party procedure.
Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 9(2)(a) and (b)How does this provision count time?
- Identify filing its dispute note and actual default or judgment status.
- File and serve the third party claim on the third party defendant, plaintiff and other defendants.
- For file and serve the third party claim on the third party defendant, plaintiff and other defendants, establish filing its dispute note and actual default or judgment status under Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 9(2)(a) and (b). The source states within 30 days after dispute-note filing and before default or judgment. 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 and serve the third party claim on the third party defendant, plaintiff and other defendants. 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 within 30 days after dispute-note filing and before default or judgment.
For file and serve the third party claim on the third party defendant, plaintiff and other defendants, establish filing its dispute note and actual default or judgment status under Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 9(2)(a) and (b). The source states within 30 days after dispute-note filing and before default or judgment. 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 and serve the third party claim on the third party defendant, plaintiff and other defendants. 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 within 30 days after dispute-note filing and before default or judgment.
Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 9(2)(a) and (b)Which facts prevent one automatic date?
Section 9(2) imposes both boundaries, while permitting another time allowed by the Court. This is not the six-month King’s Bench third party procedure. The unresolved completion facts are filing its dispute note and actual default or judgment status and the source-qualified route to file and serve the third party claim on the third party defendant, plaintiff and other defendants.
The defendant acting as third party plaintiff establishes filing its dispute note and actual default or judgment status. Section 9(2) imposes both boundaries, while permitting another time allowed by the Court. This is not the six-month King’s Bench third party procedure. Within 30 days after dispute-note filing and before default or judgment. File and serve the third party claim on the third party defendant, plaintiff and other defendants. This source scenario does not calculate a final date.
The proposed boundary for file and serve the third party claim on the third party defendant, plaintiff and other defendants meets a holiday or closed office. Check the actual completion for file and serve the third party claim on the third party defendant, plaintiff and other defendants. 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 within 30 days after dispute-note filing and before default or judgment. Establish the precise paired filing and default boundaries and applicable closure facts. No moved final date is supplied.
The defendant was noted in default within the nominal thirty-day interval. Section 9(2) imposes both boundaries, while permitting another time allowed by the Court. This is not the six-month King’s Bench third party procedure. Review Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 9(2)(a) and (b) with the changed facts. Within 30 days after dispute-note filing and before default or judgment cannot resolve this branch by itself.
Which conditions and exceptions apply?
- Actual source branch
- Section 9(2) imposes both boundaries, while permitting another time allowed by the Court. This is not the six-month King’s Bench third party procedure.
- Source interval and calendar
- For file and serve the third party claim on the third party defendant, plaintiff and other defendants, establish filing its dispute note and actual default or judgment status under Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 9(2)(a) and (b). The source states within 30 days after dispute-note filing and before default or judgment. 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 acting as third party plaintiff. File and serve the third party claim on the third party defendant, plaintiff and other defendants.
- Section 9(2) imposes both boundaries, while permitting another time allowed by the Court. This is not the six-month King’s Bench third party procedure.
- The actor is the defendant acting as third party plaintiff. The event is filing its dispute note and actual default or judgment status. The boundary is paired filing and default boundaries. Section 9(2) imposes both boundaries, while permitting another time allowed by the Court. This is not the six-month King’s Bench third party procedure.
What must the responsible actor complete?
Questions about this procedure
When must an Alberta Court of Justice third party claim be filed and served?
Does the King’s Bench six-month third party period apply?
No. Court of Justice section 9(2) provides thirty days or another court-permitted time.
Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 9(2)(a) and (b)What starts the ordinary thirty days?
The defendant’s dispute-note filing.
Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 9(2)(a) and (b)Which parties must receive the claim?
The third party defendant, plaintiff and other defendants.
Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 9(2)(a) and (b)Can filing wait until after the defendant is noted in default?
No. Section 9(2)(b) separately requires filing and service before noting in default or judgment entry.
Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 9(2)(a) and (b)Can the Court permit a different interval?
Section 9(2)(a) expressly recognizes another permitted time.
Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 9(2)(a) and (b)Can the claim seek contribution or indemnity?
Section 9(1) includes a claim for contribution or indemnity in the qualifying third party grounds.
Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 9(2)(a) and (b)Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 9(2)(a) and (b) | Check the identified procedure, event, counting rule or qualification |
| Alberta Interpretation Act, section 22 | Check the identified procedure, event, counting rule or qualification |