Alberta civil procedure
Which event starts Alberta’s absent-party set-aside application period?
20 days after the earlier event, unless the Court otherwise orders. Make the qualifying application to set aside, vary or discharge. Rule 9.15(1) addresses lack of notice or nonappearance through accident, mistake or insufficient notice. Paragraph(2) needs both service and actual attention facts. Separate default and interlocutory branches in paragraphs(3) and(4) cannot be collapsed into this one interval.
- Period
- 20 days after the earlier event, unless the Court otherwise orders
- Trigger
- The earlier of judgment or order service and first attention
- Rule
- Alberta Rules of Court, Alta Reg 124/2010, r 9.15(2)
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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Rule 9.15(1) addresses lack of notice or nonappearance through accident, mistake or insufficient notice. Paragraph(2) needs both service and actual attention facts. Separate default and interlocutory branches in paragraphs(3) and(4) cannot be collapsed into this one interval. The unresolved completion facts are the earlier of judgment or order service and first attention and the source-qualified route to make the qualifying application to set aside, vary or discharge.
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Which event starts Alberta’s absent-party set-aside application period?
20 days after the earlier event, unless the Court otherwise orders. Make the qualifying application to set aside, vary or discharge. Rule 9.15(1) addresses lack of notice or nonappearance through accident, mistake or insufficient notice. Paragraph(2) needs both service and actual attention facts. Separate default and interlocutory branches in paragraphs(3) and(4) cannot be collapsed into this one interval.
Responsible actor. The affected applicant within rule 9.15(1).
The earlier of judgment or order service and first attention.
Rule 9.15(1) addresses lack of notice or nonappearance through accident, mistake or insufficient notice. Paragraph(2) needs both service and actual attention facts. Separate default and interlocutory branches in paragraphs(3) and(4) cannot be collapsed into this one interval.
Rule 9.15(1) addresses lack of notice or nonappearance through accident, mistake or insufficient notice. Paragraph(2) needs both service and actual attention facts. Separate default and interlocutory branches in paragraphs(3) and(4) cannot be collapsed into this one interval.
Alberta Rules of Court, Alta Reg 124/2010, r 9.15(2)How does this provision count time?
- Identify the earlier of judgment or order service and first attention.
- Make the qualifying application to set aside, vary or discharge.
- For make the qualifying application to set aside, vary or discharge, rule 13.3 excludes the actual event day and counts ordinary calendar days. The source states 20 days after the earlier event, unless the Court otherwise orders. Rule 9.15(1) addresses lack of notice or nonappearance through accident, mistake or insufficient notice. Paragraph(2) needs both service and actual attention facts. Separate default and interlocutory branches in paragraphs(3) and(4) cannot be collapsed into this one interval.
- Check the actual completion for make the qualifying application to set aside, vary or discharge. 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 20 days after the earlier event, unless the Court otherwise orders.
For make the qualifying application to set aside, vary or discharge, rule 13.3 excludes the actual event day and counts ordinary calendar days. The source states 20 days after the earlier event, unless the Court otherwise orders. Rule 9.15(1) addresses lack of notice or nonappearance through accident, mistake or insufficient notice. Paragraph(2) needs both service and actual attention facts. Separate default and interlocutory branches in paragraphs(3) and(4) cannot be collapsed into this one interval.
Check the actual completion for make the qualifying application to set aside, vary or discharge. 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 20 days after the earlier event, unless the Court otherwise orders.
Alberta Rules of Court, Alta Reg 124/2010, r 9.15(2)Which facts prevent one automatic date?
Rule 9.15(1) addresses lack of notice or nonappearance through accident, mistake or insufficient notice. Paragraph(2) needs both service and actual attention facts. Separate default and interlocutory branches in paragraphs(3) and(4) cannot be collapsed into this one interval. The unresolved completion facts are the earlier of judgment or order service and first attention and the source-qualified route to make the qualifying application to set aside, vary or discharge.
The affected applicant within rule 9.15(1) establishes the earlier of judgment or order service and first attention. Rule 9.15(1) addresses lack of notice or nonappearance through accident, mistake or insufficient notice. Paragraph(2) needs both service and actual attention facts. Separate default and interlocutory branches in paragraphs(3) and(4) cannot be collapsed into this one interval. 20 days after the earlier event, unless the Court otherwise orders. Make the qualifying application to set aside, vary or discharge. This source scenario does not calculate a final date.
The proposed boundary for make the qualifying application to set aside, vary or discharge meets a holiday or closed office. Check the actual completion for make the qualifying application to set aside, vary or discharge. 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 20 days after the earlier event, unless the Court otherwise orders. Establish the precise paired earlier set aside event and applicable closure facts. No moved final date is supplied.
The applicant learned of the order before it was formally served. The attention event may start the ordinary period earlier. Rule 9.15(1) addresses lack of notice or nonappearance through accident, mistake or insufficient notice. Paragraph(2) needs both service and actual attention facts. Separate default and interlocutory branches in paragraphs(3) and(4) cannot be collapsed into this one interval. Review Alberta Rules of Court, Alta Reg 124/2010, r 9.15(2) with the changed facts. 20 days after the earlier event, unless the Court otherwise orders cannot resolve this branch by itself.
Which conditions and exceptions apply?
- Actual source branch
- Rule 9.15(1) addresses lack of notice or nonappearance through accident, mistake or insufficient notice. Paragraph(2) needs both service and actual attention facts. Separate default and interlocutory branches in paragraphs(3) and(4) cannot be collapsed into this one interval.
- Source interval and calendar
- For make the qualifying application to set aside, vary or discharge, rule 13.3 excludes the actual event day and counts ordinary calendar days. The source states 20 days after the earlier event, unless the Court otherwise orders. Rule 9.15(1) addresses lack of notice or nonappearance through accident, mistake or insufficient notice. Paragraph(2) needs both service and actual attention facts. Separate default and interlocutory branches in paragraphs(3) and(4) cannot be collapsed into this one interval.
- Actor and completion
- The affected applicant within rule 9.15(1). Make the qualifying application to set aside, vary or discharge.
- Rule 9.15(1) addresses lack of notice or nonappearance through accident, mistake or insufficient notice. Paragraph(2) needs both service and actual attention facts. Separate default and interlocutory branches in paragraphs(3) and(4) cannot be collapsed into this one interval.
- The actor is the affected applicant within rule 9.15(1). The event is the earlier of judgment or order service and first attention. The boundary is paired earlier set aside event. Rule 9.15(1) addresses lack of notice or nonappearance through accident, mistake or insufficient notice. Paragraph(2) needs both service and actual attention facts. Separate default and interlocutory branches in paragraphs(3) and(4) cannot be collapsed into this one interval.
What must the responsible actor complete?
Questions about this procedure
Which event starts Alberta’s absent-party set-aside application period?
Does formal service always start twenty days?
No. Paragraph(2) selects the earlier of service and first attention.
Alberta Rules of Court, Alta Reg 124/2010, r 9.15(2)Which absence grounds belong to paragraph(1)?
No notice, or nonappearance because of accident, mistake or insufficient hearing notice.
Alberta Rules of Court, Alta Reg 124/2010, r 9.15(2)Can the Court order another period?
Paragraph(2) expressly says unless the Court otherwise orders.
Alberta Rules of Court, Alta Reg 124/2010, r 9.15(2)Does every default judgment application use this same branch?
Paragraph(3) separately addresses defendants noted in default and specified default judgments.
Alberta Rules of Court, Alta Reg 124/2010, r 9.15(2)Can new information justify an interlocutory application?
Paragraph(4) supplies that separate route, together with agreement and other grounds the Court considers just.
Alberta Rules of Court, Alta Reg 124/2010, r 9.15(2)Does the order’s issue date alone establish the start?
Not under paragraph(2). Establish service and when it first came to this applicant’s attention.
Alberta Rules of Court, Alta Reg 124/2010, r 9.15(2)Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Alberta Rules of Court, Alta Reg 124/2010, r 9.15(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 |