Alberta civil procedure
When is an Alberta third party defence due after foreign service?
2 calendar months after effective service. File Form 17 and serve the defence on each other party. Rule 3.49 selects 2 calendar months when third party claim service is effected outside Canada. It requires service on every other party, not only the defendant bringing the third party claim.
- Period
- 2 calendar months after effective service
- Trigger
- Effective service of the third party claim outside Canada
- Rule
- Alberta Rules of Court, Alta Reg 124/2010, r 3.49(3)(c)
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 3.49 selects 2 calendar months when third party claim service is effected outside Canada. It requires service on every other party, not only the defendant bringing the third party claim. The unresolved completion facts are effective service of the third party claim outside Canada and the source-qualified route to file Form 17 and serve the defence on each other party.
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When is an Alberta third party defence due after foreign service?
2 calendar months after effective service. File Form 17 and serve the defence on each other party. Rule 3.49 selects 2 calendar months when third party claim service is effected outside Canada. It requires service on every other party, not only the defendant bringing the third party claim.
Responsible actor. The third party defendant choosing to defend.
Effective service of the third party claim outside Canada.
Rule 3.49 selects 2 calendar months when third party claim service is effected outside Canada. It requires service on every other party, not only the defendant bringing the third party claim.
Rule 3.49 selects 2 calendar months when third party claim service is effected outside Canada. It requires service on every other party, not only the defendant bringing the third party claim.
Alberta Rules of Court, Alta Reg 124/2010, r 3.49(3)(c)How does this provision count time?
- Identify effective service of the third party claim outside Canada.
- File Form 17 and serve the defence on each other party.
- The 2 calendar months 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 effective service of the third party claim outside Canada. Rule 3.49 selects 2 calendar months when third party claim service is effected outside Canada. It requires service on every other party, not only the defendant bringing the third party claim.
- Check the actual completion for file Form 17 and serve the defence 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 2 calendar months after effective service.
The 2 calendar months 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 effective service of the third party claim outside Canada. Rule 3.49 selects 2 calendar months when third party claim service is effected outside Canada. It requires service on every other party, not only the defendant bringing the third party claim.
Check the actual completion for file Form 17 and serve the defence 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 2 calendar months after effective service.
Alberta Rules of Court, Alta Reg 124/2010, r 3.49(3)(c)Which facts prevent one automatic date?
Rule 3.49 selects 2 calendar months when third party claim service is effected outside Canada. It requires service on every other party, not only the defendant bringing the third party claim. The unresolved completion facts are effective service of the third party claim outside Canada and the source-qualified route to file Form 17 and serve the defence on each other party.
The third party defendant choosing to defend establishes effective service of the third party claim outside Canada. Rule 3.49 selects 2 calendar months when third party claim service is effected outside Canada. It requires service on every other party, not only the defendant bringing the third party claim. 2 calendar months after effective service. File Form 17 and serve the defence on each other party. This source scenario does not calculate a final date.
The proposed boundary for file Form 17 and serve the defence on each other party meets a holiday or closed office. Check the actual completion for file Form 17 and serve the defence 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 2 calendar months after effective service. Establish the precise required completion and applicable closure facts. No moved final date is supplied.
The third party defence was sent only to the third party plaintiff. Rule 3.49 selects 2 calendar months when third party claim service is effected outside Canada. It requires service on every other party, not only the defendant bringing the third party claim. Review Alberta Rules of Court, Alta Reg 124/2010, r 3.49(3)(c) with the changed facts. 2 calendar months after effective service cannot resolve this branch by itself.
Which conditions and exceptions apply?
- Actual source branch
- Rule 3.49 selects 2 calendar months when third party claim service is effected outside Canada. It requires service on every other party, not only the defendant bringing the third party claim.
- Source interval and calendar
- The 2 calendar months 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 effective service of the third party claim outside Canada. Rule 3.49 selects 2 calendar months when third party claim service is effected outside Canada. It requires service on every other party, not only the defendant bringing the third party claim.
- Actor and completion
- The third party defendant choosing to defend. File Form 17 and serve the defence on each other party.
- Rule 3.49 selects 2 calendar months when third party claim service is effected outside Canada. It requires service on every other party, not only the defendant bringing the third party claim.
- The actor is the third party defendant choosing to defend. The event is effective service of the third party claim outside Canada. The boundary is required completion. Rule 3.49 selects 2 calendar months when third party claim service is effected outside Canada. It requires service on every other party, not only the defendant bringing the third party claim.
What must the responsible actor complete?
Questions about this procedure
When is an Alberta third party defence due after foreign service?
Which party must receive this third party defence?
Each other party must receive service under rule 3.49(2).
Alberta Rules of Court, Alta Reg 124/2010, r 3.49(3)(c)What form does the third party defendant use?
Rule 3.49(1) requires Form 17 and the Part 13 pleading requirements.
Alberta Rules of Court, Alta Reg 124/2010, r 3.49(3)(c)What can the third party defence dispute?
Either or both the defendant’s liability to the plaintiff and the third party defendant’s liability in the third party claim.
Alberta Rules of Court, Alta Reg 124/2010, r 3.49(3)(c)Which event selects this 2 calendar months branch?
Effective service of the third party claim outside Canada, rather than receipt of the original claim by the defendant.
Alberta Rules of Court, Alta Reg 124/2010, r 3.49(3)(c)Are months interchangeable with thirty-day multiples?
No. Rule 13.4 supplies corresponding calendar dates and last-day treatment where the same-numbered date is absent.
Alberta Rules of Court, Alta Reg 124/2010, r 3.49(3)(c)Can serving just the third party plaintiff complete the requirement?
No. The filing requirement and service on each other party must both be satisfied.
Alberta Rules of Court, Alta Reg 124/2010, r 3.49(3)(c)Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Alberta Rules of Court, Alta Reg 124/2010, r 3.49(3)(c) | 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 |