Alberta civil procedure
When must an Alberta plaintiff file and serve an optional reply?
10 days after defence service. File Form 12 and serve the reply on the defendant. A plaintiff may file a reply. Choosing that optional pleading engages the ten-day filing and service requirement. The defence filing date alone is not this reply anchor.
- Period
- 10 days after defence service
- Trigger
- Service of the statement of defence on the plaintiff
- Rule
- Alberta Rules of Court, Alta Reg 124/2010, r 3.33(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
A plaintiff may file a reply. Choosing that optional pleading engages the ten-day filing and service requirement. The defence filing date alone is not this reply anchor. The unresolved completion facts are service of the statement of defence on the plaintiff and the source-qualified route to file Form 12 and serve the reply on the defendant.
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When must an Alberta plaintiff file and serve an optional reply?
10 days after defence service. File Form 12 and serve the reply on the defendant. A plaintiff may file a reply. Choosing that optional pleading engages the ten-day filing and service requirement. The defence filing date alone is not this reply anchor.
Responsible actor. The plaintiff choosing to reply.
Service of the statement of defence on the plaintiff.
A plaintiff may file a reply. Choosing that optional pleading engages the ten-day filing and service requirement. The defence filing date alone is not this reply anchor.
A plaintiff may file a reply. Choosing that optional pleading engages the ten-day filing and service requirement. The defence filing date alone is not this reply anchor.
Alberta Rules of Court, Alta Reg 124/2010, r 3.33(3)How does this provision count time?
- Identify service of the statement of defence on the plaintiff.
- File Form 12 and serve the reply on the defendant.
- For file Form 12 and serve the reply on the defendant, rule 13.3 excludes the actual event day and counts ordinary calendar days. The source states 10 days after defence service. A plaintiff may file a reply. Choosing that optional pleading engages the ten-day filing and service requirement. The defence filing date alone is not this reply anchor.
- Check the actual completion for file Form 12 and serve the reply on the defendant. 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 10 days after defence service.
For file Form 12 and serve the reply on the defendant, rule 13.3 excludes the actual event day and counts ordinary calendar days. The source states 10 days after defence service. A plaintiff may file a reply. Choosing that optional pleading engages the ten-day filing and service requirement. The defence filing date alone is not this reply anchor.
Check the actual completion for file Form 12 and serve the reply on the defendant. 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 10 days after defence service.
Alberta Rules of Court, Alta Reg 124/2010, r 3.33(3)Which facts prevent one automatic date?
A plaintiff may file a reply. Choosing that optional pleading engages the ten-day filing and service requirement. The defence filing date alone is not this reply anchor. The unresolved completion facts are service of the statement of defence on the plaintiff and the source-qualified route to file Form 12 and serve the reply on the defendant.
The plaintiff choosing to reply establishes service of the statement of defence on the plaintiff. A plaintiff may file a reply. Choosing that optional pleading engages the ten-day filing and service requirement. The defence filing date alone is not this reply anchor. 10 days after defence service. File Form 12 and serve the reply on the defendant. This source scenario does not calculate a final date.
The proposed boundary for file Form 12 and serve the reply on the defendant meets a holiday or closed office. Check the actual completion for file Form 12 and serve the reply on the defendant. 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 10 days after defence service. Establish the precise optional pleading and applicable closure facts. No moved final date is supplied.
The defence was filed but has not been served on the plaintiff. A plaintiff may file a reply. Choosing that optional pleading engages the ten-day filing and service requirement. The defence filing date alone is not this reply anchor. Review Alberta Rules of Court, Alta Reg 124/2010, r 3.33(3) with the changed facts. 10 days after defence service cannot resolve this branch by itself.
Which conditions and exceptions apply?
- Actual source branch
- A plaintiff may file a reply. Choosing that optional pleading engages the ten-day filing and service requirement. The defence filing date alone is not this reply anchor.
- Source interval and calendar
- For file Form 12 and serve the reply on the defendant, rule 13.3 excludes the actual event day and counts ordinary calendar days. The source states 10 days after defence service. A plaintiff may file a reply. Choosing that optional pleading engages the ten-day filing and service requirement. The defence filing date alone is not this reply anchor.
- Actor and completion
- The plaintiff choosing to reply. File Form 12 and serve the reply on the defendant.
- A plaintiff may file a reply. Choosing that optional pleading engages the ten-day filing and service requirement. The defence filing date alone is not this reply anchor.
- The actor is the plaintiff choosing to reply. The event is service of the statement of defence on the plaintiff. The boundary is optional pleading. A plaintiff may file a reply. Choosing that optional pleading engages the ten-day filing and service requirement. The defence filing date alone is not this reply anchor.
What must the responsible actor complete?
Questions about this procedure
When must an Alberta plaintiff file and serve an optional reply?
Must every plaintiff file a reply?
No. Rule 3.33(1) permits a reply but does not require one in every action.
Alberta Rules of Court, Alta Reg 124/2010, r 3.33(3)What starts the ten-day reply interval?
Service of the statement of defence on the plaintiff under rule 3.33(3).
Alberta Rules of Court, Alta Reg 124/2010, r 3.33(3)Which form is used for the reply?
Form 12, with compliance with the Part 13 pleading rules.
Alberta Rules of Court, Alta Reg 124/2010, r 3.33(3)Does the defendant’s defence filing date start the reply period?
The provision uses service on the plaintiff, so filing alone does not establish that event.
Alberta Rules of Court, Alta Reg 124/2010, r 3.33(3)Must the plaintiff also serve the reply?
Yes. Rule 3.33(3) requires both filing and service on the defendant within the interval.
Alberta Rules of Court, Alta Reg 124/2010, r 3.33(3)Can the ordinary reply time be varied?
Check rule 13.5 and actual orders or permitted agreement. A varied period must be established rather than assumed.
Alberta Rules of Court, Alta Reg 124/2010, r 3.33(3)Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Alberta Rules of Court, Alta Reg 124/2010, r 3.33(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 |