Alberta civil procedure
When must an Alberta defendant serve an affidavit of records?
2 calendar months after the plaintiff’s affidavit is served. Serve the defendant’s affidavit of records on each other party. Rule 5.5(3) measures from the plaintiff’s affidavit service, rather than the defendant’s pleading or the plaintiff’s affidavit signature date. Different parties’ service evidence may establish different actual receipt events.
- Period
- 2 calendar months after the plaintiff’s affidavit is served
- Trigger
- Service of the plaintiff’s affidavit of records
- Rule
- Alberta Rules of Court, Alta Reg 124/2010, r 5.5(3)
Official Rules of Court volume current June 2026, including AR 79/2026. The official 2026 regulation index was checked for subsequent amendments.
Source guide · No automated date
Check the applicable procedure
Rule 5.5(3) measures from the plaintiff’s affidavit service, rather than the defendant’s pleading or the plaintiff’s affidavit signature date. Different parties’ service evidence may establish different actual receipt events. The unresolved completion facts are service of the plaintiff’s affidavit of records and the source-qualified route to serve the defendant’s affidavit of records on each other party.
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When must an Alberta defendant serve an affidavit of records?
2 calendar months after the plaintiff’s affidavit is served. Serve the defendant’s affidavit of records on each other party. Rule 5.5(3) measures from the plaintiff’s affidavit service, rather than the defendant’s pleading or the plaintiff’s affidavit signature date. Different parties’ service evidence may establish different actual receipt events.
Responsible actor. The defendant.
Service of the plaintiff’s affidavit of records.
Rule 5.5(3) measures from the plaintiff’s affidavit service, rather than the defendant’s pleading or the plaintiff’s affidavit signature date. Different parties’ service evidence may establish different actual receipt events.
Rule 5.5(3) measures from the plaintiff’s affidavit service, rather than the defendant’s pleading or the plaintiff’s affidavit signature date. Different parties’ service evidence may establish different actual receipt events.
Alberta Rules of Court, Alta Reg 124/2010, r 5.5(3)How does this provision count time?
- Identify service of the plaintiff’s affidavit of records.
- Serve the defendant’s affidavit of records on each other party.
- The 2 calendar months after the plaintiff’s affidavit is served 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 service of the plaintiff’s affidavit of records. Rule 5.5(3) measures from the plaintiff’s affidavit service, rather than the defendant’s pleading or the plaintiff’s affidavit signature date. Different parties’ service evidence may establish different actual receipt events.
- Check the actual completion for serve the defendant’s affidavit of records on each other party. 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 2 calendar months after the plaintiff’s affidavit is served.
The 2 calendar months after the plaintiff’s affidavit is served 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 service of the plaintiff’s affidavit of records. Rule 5.5(3) measures from the plaintiff’s affidavit service, rather than the defendant’s pleading or the plaintiff’s affidavit signature date. Different parties’ service evidence may establish different actual receipt events.
Check the actual completion for serve the defendant’s affidavit of records on each other party. 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 2 calendar months after the plaintiff’s affidavit is served.
Alberta Rules of Court, Alta Reg 124/2010, r 5.5(3)Which facts prevent one automatic date?
Rule 5.5(3) measures from the plaintiff’s affidavit service, rather than the defendant’s pleading or the plaintiff’s affidavit signature date. Different parties’ service evidence may establish different actual receipt events. The unresolved completion facts are service of the plaintiff’s affidavit of records and the source-qualified route to serve the defendant’s affidavit of records on each other party.
The defendant establishes service of the plaintiff’s affidavit of records. Rule 5.5(3) measures from the plaintiff’s affidavit service, rather than the defendant’s pleading or the plaintiff’s affidavit signature date. Different parties’ service evidence may establish different actual receipt events. 2 calendar months after the plaintiff’s affidavit is served. Serve the defendant’s affidavit of records on each other party. This source scenario does not calculate a final date.
The proposed boundary for serve the defendant’s affidavit of records on each other party meets a holiday or closed office. Check the actual completion for serve the defendant’s affidavit of records on each other party. 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 2 calendar months after the plaintiff’s affidavit is served. Establish the precise records service and applicable closure facts. No moved final date is supplied.
Only the plaintiff’s affidavit filing or signature date is known, without its service event. Rule 5.5(3) measures from the plaintiff’s affidavit service, rather than the defendant’s pleading or the plaintiff’s affidavit signature date. Different parties’ service evidence may establish different actual receipt events. Review Alberta Rules of Court, Alta Reg 124/2010, r 5.5(3) with the changed facts. 2 calendar months after the plaintiff’s affidavit is served cannot resolve this branch by itself.
Which conditions and exceptions apply?
- Actual source branch
- Rule 5.5(3) measures from the plaintiff’s affidavit service, rather than the defendant’s pleading or the plaintiff’s affidavit signature date. Different parties’ service evidence may establish different actual receipt events.
- Source interval and calendar
- The 2 calendar months after the plaintiff’s affidavit is served 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 service of the plaintiff’s affidavit of records. Rule 5.5(3) measures from the plaintiff’s affidavit service, rather than the defendant’s pleading or the plaintiff’s affidavit signature date. Different parties’ service evidence may establish different actual receipt events.
- Actor and completion
- The defendant. Serve the defendant’s affidavit of records on each other party.
- Rule 5.5(3) measures from the plaintiff’s affidavit service, rather than the defendant’s pleading or the plaintiff’s affidavit signature date. Different parties’ service evidence may establish different actual receipt events.
- The actor is the defendant. The event is service of the plaintiff’s affidavit of records. The boundary is records service. Rule 5.5(3) measures from the plaintiff’s affidavit service, rather than the defendant’s pleading or the plaintiff’s affidavit signature date. Different parties’ service evidence may establish different actual receipt events.
What must the responsible actor complete?
Questions about this procedure
When must an Alberta defendant serve an affidavit of records?
Does the defendant’s own defence start this period?
No. Paragraph(3) uses service of the plaintiff’s affidavit of records.
Alberta Rules of Court, Alta Reg 124/2010, r 5.5(3)Is the plaintiff’s affidavit signature date enough?
No. Establish service of the affidavit on the defendant.
Alberta Rules of Court, Alta Reg 124/2010, r 5.5(3)Who receives the defendant’s affidavit?
Each other party as required by paragraph(1).
Alberta Rules of Court, Alta Reg 124/2010, r 5.5(3)Must two months be treated as sixty days?
No. Use rule 13.4 calendar-month reckoning.
Alberta Rules of Court, Alta Reg 124/2010, r 5.5(3)Does this also govern a third party defendant?
Paragraph(4) gives a separate three-month filing-anchored branch for that party.
Alberta Rules of Court, Alta Reg 124/2010, r 5.5(3)Can a direction alter disclosure timing?
Check the actual litigation plan, orders and rule 13.5 variation rather than assuming every case uses the ordinary interval.
Alberta Rules of Court, Alta Reg 124/2010, r 5.5(3)Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Alberta Rules of Court, Alta Reg 124/2010, r 5.5(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 |