Alberta civil procedure
When is an Alberta defence due after service elsewhere in Canada?
1 calendar month after effective service. File Form 11 and serve the defence on the plaintiff. The rule 3.31 branch depends on where service is legally effected elsewhere in Canada. Filing and plaintiff service must both satisfy the applicable period. A posting date does not establish effective Part 11 service.
- Period
- 1 calendar month after effective service
- Trigger
- Legally effective service of the statement of claim elsewhere in Canada
- Rule
- Alberta Rules of Court, Alta Reg 124/2010, r 3.31(3)(b)
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
The rule 3.31 branch depends on where service is legally effected elsewhere in Canada. Filing and plaintiff service must both satisfy the applicable period. A posting date does not establish effective Part 11 service. The unresolved completion facts are legally effective service of the statement of claim elsewhere in Canada and the source-qualified route to file Form 11 and serve the defence on the plaintiff.
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When is an Alberta defence due after service elsewhere in Canada?
1 calendar month after effective service. File Form 11 and serve the defence on the plaintiff. The rule 3.31 branch depends on where service is legally effected elsewhere in Canada. Filing and plaintiff service must both satisfy the applicable period. A posting date does not establish effective Part 11 service.
Responsible actor. The defendant choosing to defend.
Legally effective service of the statement of claim elsewhere in Canada.
The rule 3.31 branch depends on where service is legally effected elsewhere in Canada. Filing and plaintiff service must both satisfy the applicable period. A posting date does not establish effective Part 11 service.
The rule 3.31 branch depends on where service is legally effected elsewhere in Canada. Filing and plaintiff service must both satisfy the applicable period. A posting date does not establish effective Part 11 service.
Alberta Rules of Court, Alta Reg 124/2010, r 3.31(3)(b)How does this provision count time?
- Identify legally effective service of the statement of claim elsewhere in Canada.
- File Form 11 and serve the defence on the plaintiff.
- The 1 calendar month after effective service 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 legally effective service of the statement of claim elsewhere in Canada. The rule 3.31 branch depends on where service is legally effected elsewhere in Canada. Filing and plaintiff service must both satisfy the applicable period. A posting date does not establish effective Part 11 service.
- Check the actual completion for file Form 11 and serve the defence 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 1 calendar month after effective service.
The 1 calendar month after effective service 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 legally effective service of the statement of claim elsewhere in Canada. The rule 3.31 branch depends on where service is legally effected elsewhere in Canada. Filing and plaintiff service must both satisfy the applicable period. A posting date does not establish effective Part 11 service.
Check the actual completion for file Form 11 and serve the defence 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 1 calendar month after effective service.
Alberta Rules of Court, Alta Reg 124/2010, r 3.31(3)(b)Which facts prevent one automatic date?
The rule 3.31 branch depends on where service is legally effected elsewhere in Canada. Filing and plaintiff service must both satisfy the applicable period. A posting date does not establish effective Part 11 service. The unresolved completion facts are legally effective service of the statement of claim elsewhere in Canada and the source-qualified route to file Form 11 and serve the defence on the plaintiff.
The defendant choosing to defend establishes legally effective service of the statement of claim elsewhere in Canada. The rule 3.31 branch depends on where service is legally effected elsewhere in Canada. Filing and plaintiff service must both satisfy the applicable period. A posting date does not establish effective Part 11 service. 1 calendar month after effective service. File Form 11 and serve the defence on the plaintiff. This source scenario does not calculate a final date.
The proposed boundary for file Form 11 and serve the defence on the plaintiff meets a holiday or closed office. Check the actual completion for file Form 11 and serve the defence 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 1 calendar month after effective service. Establish the precise required completion and applicable closure facts. No moved final date is supplied.
The service location or legally effective service date differs from the assumed branch. The rule 3.31 branch depends on where service is legally effected elsewhere in Canada. Filing and plaintiff service must both satisfy the applicable period. A posting date does not establish effective Part 11 service. Review Alberta Rules of Court, Alta Reg 124/2010, r 3.31(3)(b) with the changed facts. 1 calendar month after effective service cannot resolve this branch by itself.
Which conditions and exceptions apply?
- Actual source branch
- The rule 3.31 branch depends on where service is legally effected elsewhere in Canada. Filing and plaintiff service must both satisfy the applicable period. A posting date does not establish effective Part 11 service.
- Source interval and calendar
- The 1 calendar month after effective service 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 legally effective service of the statement of claim elsewhere in Canada. The rule 3.31 branch depends on where service is legally effected elsewhere in Canada. Filing and plaintiff service must both satisfy the applicable period. A posting date does not establish effective Part 11 service.
- Actor and completion
- The defendant choosing to defend. File Form 11 and serve the defence on the plaintiff.
- The rule 3.31 branch depends on where service is legally effected elsewhere in Canada. Filing and plaintiff service must both satisfy the applicable period. A posting date does not establish effective Part 11 service.
- The actor is the defendant choosing to defend. The event is legally effective service of the statement of claim elsewhere in Canada. The boundary is required completion. The rule 3.31 branch depends on where service is legally effected elsewhere in Canada. Filing and plaintiff service must both satisfy the applicable period. A posting date does not establish effective Part 11 service.
What must the responsible actor complete?
Questions about this procedure
When is an Alberta defence due after service elsewhere in Canada?
Does the defendant’s residence determine this period?
No. Rule 3.31(3) selects the branch by where service is effected. This guide concerns service elsewhere in Canada.
Alberta Rules of Court, Alta Reg 124/2010, r 3.31(3)(b)What must be completed within 1 calendar month?
The defendant must file the statement of defence and serve it on the plaintiff under rule 3.31(2).
Alberta Rules of Court, Alta Reg 124/2010, r 3.31(3)(b)Which defence form applies?
Rule 3.31(1) requires Form 11 and compliance with the Part 13 pleading rules.
Alberta Rules of Court, Alta Reg 124/2010, r 3.31(3)(b)Does the date the claim was mailed start the defence clock?
Only if the applicable Part 11 method establishes that date as effective service. The rule’s information note expressly distinguishes effective service.
Alberta Rules of Court, Alta Reg 124/2010, r 3.31(3)(b)Does a month mean thirty days?
No. Rule 13.4 uses corresponding calendar dates and its last-day rule when the corresponding date is absent.
Alberta Rules of Court, Alta Reg 124/2010, r 3.31(3)(b)Can an order or agreement alter defence timing?
Rule 13.5 governs permitted variations, subject to an actual contrary rule or court order. Establish the operative terms before relying on the ordinary period.
Alberta Rules of Court, Alta Reg 124/2010, r 3.31(3)(b)Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Alberta Rules of Court, Alta Reg 124/2010, r 3.31(3)(b) | 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 |