Alberta civil procedure
When must an Alberta third party defendant serve its records affidavit?
3 calendar months after the third party defence is filed. Serve the affidavit of records on each other party. Rule 5.5(4) uses filing, unlike the plaintiff and defendant affidavit branches anchored to service. The filing event belongs to the third party defendant’s own defence.
- Period
- 3 calendar months after the third party defence is filed
- Trigger
- Filing of that party’s own statement of defence
- Rule
- Alberta Rules of Court, Alta Reg 124/2010, r 5.5(4)
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(4) uses filing, unlike the plaintiff and defendant affidavit branches anchored to service. The filing event belongs to the third party defendant’s own defence. The unresolved completion facts are filing of that party’s own statement of defence and the source-qualified route to serve the affidavit of records on each other party.
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When must an Alberta third party defendant serve its records affidavit?
3 calendar months after the third party defence is filed. Serve the affidavit of records on each other party. Rule 5.5(4) uses filing, unlike the plaintiff and defendant affidavit branches anchored to service. The filing event belongs to the third party defendant’s own defence.
Responsible actor. The third party defendant.
Filing of that party’s own statement of defence.
Rule 5.5(4) uses filing, unlike the plaintiff and defendant affidavit branches anchored to service. The filing event belongs to the third party defendant’s own defence.
Rule 5.5(4) uses filing, unlike the plaintiff and defendant affidavit branches anchored to service. The filing event belongs to the third party defendant’s own defence.
Alberta Rules of Court, Alta Reg 124/2010, r 5.5(4)How does this provision count time?
- Identify filing of that party’s own statement of defence.
- Serve the affidavit of records on each other party.
- The 3 calendar months after the third party defence is filed 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 filing of that party’s own statement of defence. Rule 5.5(4) uses filing, unlike the plaintiff and defendant affidavit branches anchored to service. The filing event belongs to the third party defendant’s own defence.
- 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 third party defence is filed.
The 3 calendar months after the third party defence is filed 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 filing of that party’s own statement of defence. Rule 5.5(4) uses filing, unlike the plaintiff and defendant affidavit branches anchored to service. The filing event belongs to the third party defendant’s own defence.
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 third party defence is filed.
Alberta Rules of Court, Alta Reg 124/2010, r 5.5(4)Which facts prevent one automatic date?
Rule 5.5(4) uses filing, unlike the plaintiff and defendant affidavit branches anchored to service. The filing event belongs to the third party defendant’s own defence. The unresolved completion facts are filing of that party’s own statement of defence and the source-qualified route to serve the affidavit of records on each other party.
The third party defendant establishes filing of that party’s own statement of defence. Rule 5.5(4) uses filing, unlike the plaintiff and defendant affidavit branches anchored to service. The filing event belongs to the third party defendant’s own defence. 3 calendar months after the third party defence is filed. 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 third party defence is filed. Establish the precise records service and applicable closure facts. No moved final date is supplied.
The party uses service of its defence instead of its actual filing day. Rule 5.5(4) uses filing, unlike the plaintiff and defendant affidavit branches anchored to service. The filing event belongs to the third party defendant’s own defence. Review Alberta Rules of Court, Alta Reg 124/2010, r 5.5(4) with the changed facts. 3 calendar months after the third party defence is filed cannot resolve this branch by itself.
Which conditions and exceptions apply?
- Actual source branch
- Rule 5.5(4) uses filing, unlike the plaintiff and defendant affidavit branches anchored to service. The filing event belongs to the third party defendant’s own defence.
- Source interval and calendar
- The 3 calendar months after the third party defence is filed 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 filing of that party’s own statement of defence. Rule 5.5(4) uses filing, unlike the plaintiff and defendant affidavit branches anchored to service. The filing event belongs to the third party defendant’s own defence.
- Actor and completion
- The third party defendant. Serve the affidavit of records on each other party.
- Rule 5.5(4) uses filing, unlike the plaintiff and defendant affidavit branches anchored to service. The filing event belongs to the third party defendant’s own defence.
- The actor is the third party defendant. The event is filing of that party’s own statement of defence. The boundary is records service. Rule 5.5(4) uses filing, unlike the plaintiff and defendant affidavit branches anchored to service. The filing event belongs to the third party defendant’s own defence.
What must the responsible actor complete?
Questions about this procedure
When must an Alberta third party defendant serve its records affidavit?
Does this branch use defence service?
No. Rule 5.5(4) uses the date the third party defendant files its defence.
Alberta Rules of Court, Alta Reg 124/2010, r 5.5(4)Does the plaintiff’s affidavit start this branch?
Not under paragraph(4). That is the defendant’s separate paragraph(3) anchor.
Alberta Rules of Court, Alta Reg 124/2010, r 5.5(4)Who must receive the records affidavit?
Each other party under paragraph(1).
Alberta Rules of Court, Alta Reg 124/2010, r 5.5(4)Can an ordinary defendant use this three-month branch?
Establish third party defendant status first. Ordinary defendants use a different event and period.
Alberta Rules of Court, Alta Reg 124/2010, r 5.5(4)Does filing the affidavit itself complete the requirement?
The duty in rule 5.5 is service. Its information note restricts routine affidavit filing.
Alberta Rules of Court, Alta Reg 124/2010, r 5.5(4)What evidence identifies the starting event?
The filed third party defence and its actual registry filing date.
Alberta Rules of Court, Alta Reg 124/2010, r 5.5(4)Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Alberta Rules of Court, Alta Reg 124/2010, r 5.5(4) | 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 |