Alberta civil procedure
When can an Alberta defendant file and serve a demand for notice?
20 days after effective Alberta service. File Form 13 and serve the demand on the plaintiff. A demand preserves notice of applications naming the defendant as respondent. It does not give a right to contest liability. Later filing a defence requires the Court’s permission.
- Period
- 20 days after effective Alberta service
- Trigger
- Effective service of the statement of claim in Alberta
- Rule
- Alberta Rules of Court, Alta Reg 124/2010, r 3.34(2) and (3)(a)
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
A demand preserves notice of applications naming the defendant as respondent. It does not give a right to contest liability. Later filing a defence requires the Court’s permission. The unresolved completion facts are effective service of the statement of claim in Alberta and the source-qualified route to file Form 13 and serve the demand on the plaintiff.
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When can an Alberta defendant file and serve a demand for notice?
20 days after effective Alberta service. File Form 13 and serve the demand on the plaintiff. A demand preserves notice of applications naming the defendant as respondent. It does not give a right to contest liability. Later filing a defence requires the Court’s permission.
Responsible actor. The defendant choosing notice without defending liability.
Effective service of the statement of claim in Alberta.
A demand preserves notice of applications naming the defendant as respondent. It does not give a right to contest liability. Later filing a defence requires the Court’s permission.
A demand preserves notice of applications naming the defendant as respondent. It does not give a right to contest liability. Later filing a defence requires the Court’s permission.
Alberta Rules of Court, Alta Reg 124/2010, r 3.34(2) and (3)(a)How does this provision count time?
- Identify effective service of the statement of claim in Alberta.
- File Form 13 and serve the demand on the plaintiff.
- For file Form 13 and serve the demand on the plaintiff, rule 13.3 excludes the actual event day and counts ordinary calendar days. The source states 20 days after effective Alberta service. A demand preserves notice of applications naming the defendant as respondent. It does not give a right to contest liability. Later filing a defence requires the Court’s permission.
- Check the actual completion for file Form 13 and serve the demand on the plaintiff. 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 effective Alberta service.
For file Form 13 and serve the demand on the plaintiff, rule 13.3 excludes the actual event day and counts ordinary calendar days. The source states 20 days after effective Alberta service. A demand preserves notice of applications naming the defendant as respondent. It does not give a right to contest liability. Later filing a defence requires the Court’s permission.
Check the actual completion for file Form 13 and serve the demand on the plaintiff. 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 effective Alberta service.
Alberta Rules of Court, Alta Reg 124/2010, r 3.34(2) and (3)(a)Which facts prevent one automatic date?
A demand preserves notice of applications naming the defendant as respondent. It does not give a right to contest liability. Later filing a defence requires the Court’s permission. The unresolved completion facts are effective service of the statement of claim in Alberta and the source-qualified route to file Form 13 and serve the demand on the plaintiff.
The defendant choosing notice without defending liability establishes effective service of the statement of claim in Alberta. A demand preserves notice of applications naming the defendant as respondent. It does not give a right to contest liability. Later filing a defence requires the Court’s permission. 20 days after effective Alberta service. File Form 13 and serve the demand on the plaintiff. This source scenario does not calculate a final date.
The proposed boundary for file Form 13 and serve the demand on the plaintiff meets a holiday or closed office. Check the actual completion for file Form 13 and serve the demand on the plaintiff. 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 effective Alberta service. Establish the precise optional notice right and applicable closure facts. No moved final date is supplied.
The defendant actually wishes to contest liability rather than receive notice. A demand preserves notice of applications naming the defendant as respondent. It does not give a right to contest liability. Later filing a defence requires the Court’s permission. Review Alberta Rules of Court, Alta Reg 124/2010, r 3.34(2) and (3)(a) with the changed facts. 20 days after effective Alberta service cannot resolve this branch by itself.
Which conditions and exceptions apply?
- Actual source branch
- A demand preserves notice of applications naming the defendant as respondent. It does not give a right to contest liability. Later filing a defence requires the Court’s permission.
- Source interval and calendar
- For file Form 13 and serve the demand on the plaintiff, rule 13.3 excludes the actual event day and counts ordinary calendar days. The source states 20 days after effective Alberta service. A demand preserves notice of applications naming the defendant as respondent. It does not give a right to contest liability. Later filing a defence requires the Court’s permission.
- Actor and completion
- The defendant choosing notice without defending liability. File Form 13 and serve the demand on the plaintiff.
- A demand preserves notice of applications naming the defendant as respondent. It does not give a right to contest liability. Later filing a defence requires the Court’s permission.
- The actor is the defendant choosing notice without defending liability. The event is effective service of the statement of claim in Alberta. The boundary is optional notice right. A demand preserves notice of applications naming the defendant as respondent. It does not give a right to contest liability. Later filing a defence requires the Court’s permission.
What must the responsible actor complete?
Questions about this procedure
When can an Alberta defendant file and serve a demand for notice?
Does a demand for notice defend liability?
No. Rule 3.34(4) preserves notice but expressly denies a right to contest liability.
Alberta Rules of Court, Alta Reg 124/2010, r 3.34(2) and (3)(a)What form is required for a defendant’s demand?
Rule 3.34(1) requires Form 13.
Alberta Rules of Court, Alta Reg 124/2010, r 3.34(2) and (3)(a)Is filing the demand enough?
The defendant must also serve it on the plaintiff within the applicable service-based period.
Alberta Rules of Court, Alta Reg 124/2010, r 3.34(2) and (3)(a)Can the defendant later file a defence freely?
No. Rule 3.34(5) requires the Court’s permission after a demand for notice has been filed and served.
Alberta Rules of Court, Alta Reg 124/2010, r 3.34(2) and (3)(a)Does service outside Alberta still receive twenty days?
No. Rule 3.34(3) provides one month elsewhere in Canada and two months outside Canada.
Alberta Rules of Court, Alta Reg 124/2010, r 3.34(2) and (3)(a)Can judgment follow without a notified application?
Rule 3.34(6) requires the plaintiff’s application and service of its notice on the defendant who filed and served a demand.
Alberta Rules of Court, Alta Reg 124/2010, r 3.34(2) and (3)(a)Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Alberta Rules of Court, Alta Reg 124/2010, r 3.34(2) and (3)(a) | 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 |