Alberta civil procedure
When must an Alberta plaintiff serve an affidavit of records?
3 calendar months after the first defence is served. Serve the affidavit of records on each other party. Rule 5.5(2) selects the first served defence, not the last defendant’s defence or its filing date. The information note distinguishes service from filing the affidavit for a later application or trial.
- Period
- 3 calendar months after the first defence is served
- Trigger
- Service of the first statement of defence where there is more than one
- Rule
- Alberta Rules of Court, Alta Reg 124/2010, r 5.5(2)
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(2) selects the first served defence, not the last defendant’s defence or its filing date. The information note distinguishes service from filing the affidavit for a later application or trial. The unresolved completion facts are service of the first statement of defence where there is more than one and the source-qualified route to serve the affidavit of records on each other party.
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When must an Alberta plaintiff serve an affidavit of records?
3 calendar months after the first defence is served. Serve the affidavit of records on each other party. Rule 5.5(2) selects the first served defence, not the last defendant’s defence or its filing date. The information note distinguishes service from filing the affidavit for a later application or trial.
Responsible actor. The plaintiff.
Service of the first statement of defence where there is more than one.
Rule 5.5(2) selects the first served defence, not the last defendant’s defence or its filing date. The information note distinguishes service from filing the affidavit for a later application or trial.
Rule 5.5(2) selects the first served defence, not the last defendant’s defence or its filing date. The information note distinguishes service from filing the affidavit for a later application or trial.
Alberta Rules of Court, Alta Reg 124/2010, r 5.5(2)How does this provision count time?
- Identify service of the first statement of defence where there is more than one.
- Serve the affidavit of records on each other party.
- The 3 calendar months after the first defence 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 first statement of defence where there is more than one. Rule 5.5(2) selects the first served defence, not the last defendant’s defence or its filing date. The information note distinguishes service from filing the affidavit for a later application or trial.
- Check the actual completion for serve the 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 3 calendar months after the first defence is served.
The 3 calendar months after the first defence 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 first statement of defence where there is more than one. Rule 5.5(2) selects the first served defence, not the last defendant’s defence or its filing date. The information note distinguishes service from filing the affidavit for a later application or trial.
Check the actual completion for serve the 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 3 calendar months after the first defence is served.
Alberta Rules of Court, Alta Reg 124/2010, r 5.5(2)Which facts prevent one automatic date?
Rule 5.5(2) selects the first served defence, not the last defendant’s defence or its filing date. The information note distinguishes service from filing the affidavit for a later application or trial. The unresolved completion facts are service of the first statement of defence where there is more than one and the source-qualified route to serve the affidavit of records on each other party.
The plaintiff establishes service of the first statement of defence where there is more than one. Rule 5.5(2) selects the first served defence, not the last defendant’s defence or its filing date. The information note distinguishes service from filing the affidavit for a later application or trial. 3 calendar months after the first defence is served. Serve the affidavit of records on each other party. This source scenario does not calculate a final date.
The proposed boundary for serve the affidavit of records on each other party meets a holiday or closed office. Check the actual completion for serve the 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 3 calendar months after the first defence is served. Establish the precise records service and applicable closure facts. No moved final date is supplied.
Several defences were served on different dates. Waiting for the last defence changes the source anchor. Rule 5.5(2) selects the first served defence, not the last defendant’s defence or its filing date. The information note distinguishes service from filing the affidavit for a later application or trial. Review Alberta Rules of Court, Alta Reg 124/2010, r 5.5(2) with the changed facts. 3 calendar months after the first defence is served cannot resolve this branch by itself.
Which conditions and exceptions apply?
- Actual source branch
- Rule 5.5(2) selects the first served defence, not the last defendant’s defence or its filing date. The information note distinguishes service from filing the affidavit for a later application or trial.
- Source interval and calendar
- The 3 calendar months after the first defence 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 first statement of defence where there is more than one. Rule 5.5(2) selects the first served defence, not the last defendant’s defence or its filing date. The information note distinguishes service from filing the affidavit for a later application or trial.
- Actor and completion
- The plaintiff. Serve the affidavit of records on each other party.
- Rule 5.5(2) selects the first served defence, not the last defendant’s defence or its filing date. The information note distinguishes service from filing the affidavit for a later application or trial.
- The actor is the plaintiff. The event is service of the first statement of defence where there is more than one. The boundary is records service. Rule 5.5(2) selects the first served defence, not the last defendant’s defence or its filing date. The information note distinguishes service from filing the affidavit for a later application or trial.
What must the responsible actor complete?
Questions about this procedure
When must an Alberta plaintiff serve an affidavit of records?
Which defence starts the plaintiff’s period?
Rule 5.5(2) uses the first defence served if there is more than one.
Alberta Rules of Court, Alta Reg 124/2010, r 5.5(2)Does filing the defence start three months?
The stated event is service, so filing alone does not establish it.
Alberta Rules of Court, Alta Reg 124/2010, r 5.5(2)Who receives the affidavit of records?
Each other party under rule 5.5(1).
Alberta Rules of Court, Alta Reg 124/2010, r 5.5(2)Must the affidavit routinely be filed immediately?
The source information note says it must not be filed unless needed for an application or trial, referring to rule 5.32.
Alberta Rules of Court, Alta Reg 124/2010, r 5.5(2)Are three months ninety days?
No. Rule 13.4 governs the corresponding calendar-month dates.
Alberta Rules of Court, Alta Reg 124/2010, r 5.5(2)Does a later third party defence restart this plaintiff clock?
Do not assume a restart. Paragraph(2) identifies the first statement of defence served.
Alberta Rules of Court, Alta Reg 124/2010, r 5.5(2)Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Alberta Rules of Court, Alta Reg 124/2010, r 5.5(2) | 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 |