Alberta civil procedure
When must an Alberta King’s Bench statement of claim be served?
1 year after filing, subject to an obtained extension. Serve the statement of claim within its valid service period. Rule 3.26 separates timely service from an extension application filed before the ordinary year expires. Rule 13.5 cannot alter this rule or its extension. Filing a claim does not itself serve a defendant.
- Period
- 1 year after filing, subject to an obtained extension
- Trigger
- The actual statement of claim filing date
- Rule
- Alberta Rules of Court, Alta Reg 124/2010, r 3.26(1) and (3)
Official Rules of Court volume current June 2026, including AR 79/2026. The official 2026 regulation index was checked for subsequent amendments.
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Check the applicable procedure
Rule 3.26 separates timely service from an extension application filed before the ordinary year expires. Rule 13.5 cannot alter this rule or its extension. Filing a claim does not itself serve a defendant. The unresolved completion facts are the actual statement of claim filing date and the source-qualified route to serve the statement of claim within its valid service period.
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When must an Alberta King’s Bench statement of claim be served?
1 year after filing, subject to an obtained extension. Serve the statement of claim within its valid service period. Rule 3.26 separates timely service from an extension application filed before the ordinary year expires. Rule 13.5 cannot alter this rule or its extension. Filing a claim does not itself serve a defendant.
Responsible actor. The plaintiff with a filed statement of claim.
The actual statement of claim filing date.
Rule 3.26 separates timely service from an extension application filed before the ordinary year expires. Rule 13.5 cannot alter this rule or its extension. Filing a claim does not itself serve a defendant.
Rule 3.26 separates timely service from an extension application filed before the ordinary year expires. Rule 13.5 cannot alter this rule or its extension. Filing a claim does not itself serve a defendant.
Alberta Rules of Court, Alta Reg 124/2010, r 3.26(1) and (3)How does this provision count time?
- Identify the actual statement of claim filing date.
- Serve the statement of claim within its valid service period.
- The 1 year after filing, subject to an obtained extension interval uses rule 13.4 calendar-month or year reckoning. It preserves corresponding dates and the source’s absent-date rule. The actual anchor is the actual statement of claim filing date. Rule 3.26 separates timely service from an extension application filed before the ordinary year expires. Rule 13.5 cannot alter this rule or its extension. Filing a claim does not itself serve a defendant.
- Check the actual completion for serve the statement of claim within its valid service period. 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 an obtained extension.
The 1 year after filing, subject to an obtained extension interval uses rule 13.4 calendar-month or year reckoning. It preserves corresponding dates and the source’s absent-date rule. The actual anchor is the actual statement of claim filing date. Rule 3.26 separates timely service from an extension application filed before the ordinary year expires. Rule 13.5 cannot alter this rule or its extension. Filing a claim does not itself serve a defendant.
Check the actual completion for serve the statement of claim within its valid service period. 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 an obtained extension.
Alberta Rules of Court, Alta Reg 124/2010, r 3.26(1) and (3)Which facts prevent one automatic date?
Rule 3.26 separates timely service from an extension application filed before the ordinary year expires. Rule 13.5 cannot alter this rule or its extension. Filing a claim does not itself serve a defendant. The unresolved completion facts are the actual statement of claim filing date and the source-qualified route to serve the statement of claim within its valid service period.
The plaintiff with a filed statement of claim establishes the actual statement of claim filing date. Rule 3.26 separates timely service from an extension application filed before the ordinary year expires. Rule 13.5 cannot alter this rule or its extension. Filing a claim does not itself serve a defendant. 1 year after filing, subject to an obtained extension. Serve the statement of claim within its valid service period. This source scenario does not calculate a final date.
The proposed boundary for serve the statement of claim within its valid service period meets a holiday or closed office. Check the actual completion for serve the statement of claim within its valid service period. 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 an obtained extension. Establish the precise claim service validity and applicable closure facts. No moved final date is supplied.
The plaintiff applies for an extension after the ordinary year has already expired. Rule 3.26 separates timely service from an extension application filed before the ordinary year expires. Rule 13.5 cannot alter this rule or its extension. Filing a claim does not itself serve a defendant. Review Alberta Rules of Court, Alta Reg 124/2010, r 3.26(1) and (3) with the changed facts. 1 year after filing, subject to an obtained extension cannot resolve this branch by itself.
Which conditions and exceptions apply?
- Actual source branch
- Rule 3.26 separates timely service from an extension application filed before the ordinary year expires. Rule 13.5 cannot alter this rule or its extension. Filing a claim does not itself serve a defendant.
- Source interval and calendar
- The 1 year after filing, subject to an obtained extension interval uses rule 13.4 calendar-month or year reckoning. It preserves corresponding dates and the source’s absent-date rule. The actual anchor is the actual statement of claim filing date. Rule 3.26 separates timely service from an extension application filed before the ordinary year expires. Rule 13.5 cannot alter this rule or its extension. Filing a claim does not itself serve a defendant.
- Actor and completion
- The plaintiff with a filed statement of claim. Serve the statement of claim within its valid service period.
- Rule 3.26 separates timely service from an extension application filed before the ordinary year expires. Rule 13.5 cannot alter this rule or its extension. Filing a claim does not itself serve a defendant.
- The actor is the plaintiff with a filed statement of claim. The event is the actual statement of claim filing date. The boundary is claim service validity. Rule 3.26 separates timely service from an extension application filed before the ordinary year expires. Rule 13.5 cannot alter this rule or its extension. Filing a claim does not itself serve a defendant.
What must the responsible actor complete?
Questions about this procedure
When must an Alberta King’s Bench statement of claim be served?
Does claim filing complete service?
No. Rule 3.26(1) requires service within one year after filing.
Alberta Rules of Court, Alta Reg 124/2010, r 3.26(1) and (3)When must an extension application be filed?
Paragraph(1) requires filing the extension application before the one-year period expires.
Alberta Rules of Court, Alta Reg 124/2010, r 3.26(1) and (3)Does applying guarantee an extension?
No. The Court must grant one, within the paragraph(2) cap.
Alberta Rules of Court, Alta Reg 124/2010, r 3.26(1) and (3)Can rule 13.5 vary this service rule?
No. Rule 3.26(3) expressly excludes it for this rule and extensions under it.
Alberta Rules of Court, Alta Reg 124/2010, r 3.26(1) and (3)Does an extension always provide three more months?
No. Three months is the maximum extension, not an automatic granted duration.
Alberta Rules of Court, Alta Reg 124/2010, r 3.26(1) and (3)Which records establish the branch?
The filed claim, valid service evidence and any actual extension application and order.
Alberta Rules of Court, Alta Reg 124/2010, r 3.26(1) and (3)Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Alberta Rules of Court, Alta Reg 124/2010, r 3.26(1) and (3) | Check the identified procedure, event, counting rule or qualification |
| Alberta Rules of Court, rules 13.2 to 13.5 | Check the identified procedure, event, counting rule or qualification |
| Alberta Interpretation Act, section 22 | Check the identified procedure, event, counting rule or qualification |