Alberta civil procedure
When must an Alberta King’s Bench witness allowance be delivered?
With the notice, or 10 days or more before trial. Deliver the required witness allowance to the witness or representative. Rule 8.8(5) permits two allowance-delivery routes unless another rule or order provides otherwise. The ten-day route does not postpone the separate twenty-day witness-notice requirement.
- Period
- With the notice, or 10 days or more before trial
- Trigger
- The actual trial date and whether the allowance accompanies notice
- Rule
- Alberta Rules of Court, Alta Reg 124/2010, r 8.8(5)
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 8.8(5) permits two allowance-delivery routes unless another rule or order provides otherwise. The ten-day route does not postpone the separate twenty-day witness-notice requirement. The unresolved completion facts are the actual trial date and whether the allowance accompanies notice and the source-qualified route to deliver the required witness allowance to the witness or representative.
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When must an Alberta King’s Bench witness allowance be delivered?
With the notice, or 10 days or more before trial. Deliver the required witness allowance to the witness or representative. Rule 8.8(5) permits two allowance-delivery routes unless another rule or order provides otherwise. The ten-day route does not postpone the separate twenty-day witness-notice requirement.
Responsible actor. The party serving a witness attendance notice.
The actual trial date and whether the allowance accompanies notice.
Rule 8.8(5) permits two allowance-delivery routes unless another rule or order provides otherwise. The ten-day route does not postpone the separate twenty-day witness-notice requirement.
Rule 8.8(5) permits two allowance-delivery routes unless another rule or order provides otherwise. The ten-day route does not postpone the separate twenty-day witness-notice requirement.
Alberta Rules of Court, Alta Reg 124/2010, r 8.8(5)How does this provision count time?
- Identify the actual trial date and whether the allowance accompanies notice.
- Deliver the required witness allowance to the witness or representative.
- For deliver the required witness allowance to the witness or representative, rule 13.3 excludes the actual event day and counts ordinary calendar days. The source states with the notice, or 10 days or more before trial. Rule 8.8(5) permits two allowance-delivery routes unless another rule or order provides otherwise. The ten-day route does not postpone the separate twenty-day witness-notice requirement.
- The required spacing for deliver the required witness allowance to the witness or representative runs before the actual trial date and whether the allowance accompanies notice. A forward move to an open day may reduce that spacing. Establish the actual completion method, applicable holiday rule and any direction instead of treating a closed endpoint as permission to act later.
For deliver the required witness allowance to the witness or representative, rule 13.3 excludes the actual event day and counts ordinary calendar days. The source states with the notice, or 10 days or more before trial. Rule 8.8(5) permits two allowance-delivery routes unless another rule or order provides otherwise. The ten-day route does not postpone the separate twenty-day witness-notice requirement.
The required spacing for deliver the required witness allowance to the witness or representative runs before the actual trial date and whether the allowance accompanies notice. A forward move to an open day may reduce that spacing. Establish the actual completion method, applicable holiday rule and any direction instead of treating a closed endpoint as permission to act later.
Alberta Rules of Court, Alta Reg 124/2010, r 8.8(5)Which facts prevent one automatic date?
Rule 8.8(5) permits two allowance-delivery routes unless another rule or order provides otherwise. The ten-day route does not postpone the separate twenty-day witness-notice requirement. The unresolved completion facts are the actual trial date and whether the allowance accompanies notice and the source-qualified route to deliver the required witness allowance to the witness or representative.
The party serving a witness attendance notice establishes the actual trial date and whether the allowance accompanies notice. Rule 8.8(5) permits two allowance-delivery routes unless another rule or order provides otherwise. The ten-day route does not postpone the separate twenty-day witness-notice requirement. With the notice, or 10 days or more before trial. Deliver the required witness allowance to the witness or representative. This source scenario does not calculate a final date.
The proposed boundary for deliver the required witness allowance to the witness or representative meets a holiday or closed office. The required spacing for deliver the required witness allowance to the witness or representative runs before the actual trial date and whether the allowance accompanies notice. A forward move to an open day may reduce that spacing. Establish the actual completion method, applicable holiday rule and any direction instead of treating a closed endpoint as permission to act later. Establish the precise minimum allowance delivery spacing and applicable closure facts. No moved final date is supplied.
The witness notice was delivered in time, but the allowance neither accompanied it nor satisfied the separate delivery route. Rule 8.8(5) permits two allowance-delivery routes unless another rule or order provides otherwise. The ten-day route does not postpone the separate twenty-day witness-notice requirement. Review Alberta Rules of Court, Alta Reg 124/2010, r 8.8(5) with the changed facts. With the notice, or 10 days or more before trial cannot resolve this branch by itself.
Which conditions and exceptions apply?
- Actual source branch
- Rule 8.8(5) permits two allowance-delivery routes unless another rule or order provides otherwise. The ten-day route does not postpone the separate twenty-day witness-notice requirement.
- Source interval and calendar
- For deliver the required witness allowance to the witness or representative, rule 13.3 excludes the actual event day and counts ordinary calendar days. The source states with the notice, or 10 days or more before trial. Rule 8.8(5) permits two allowance-delivery routes unless another rule or order provides otherwise. The ten-day route does not postpone the separate twenty-day witness-notice requirement.
- Actor and completion
- The party serving a witness attendance notice. Deliver the required witness allowance to the witness or representative.
- Rule 8.8(5) permits two allowance-delivery routes unless another rule or order provides otherwise. The ten-day route does not postpone the separate twenty-day witness-notice requirement.
- The actor is the party serving a witness attendance notice. The event is the actual trial date and whether the allowance accompanies notice. The boundary is minimum allowance delivery spacing. Rule 8.8(5) permits two allowance-delivery routes unless another rule or order provides otherwise. The ten-day route does not postpone the separate twenty-day witness-notice requirement.
What must the responsible actor complete?
Questions about this procedure
When must an Alberta King’s Bench witness allowance be delivered?
Must the allowance always accompany Form 40?
Rule 8.8(5) permits accompanying delivery or delivery to the person or representative at least ten days before trial.
Alberta Rules of Court, Alta Reg 124/2010, r 8.8(5)Can the allowance be delivered to a representative?
Yes. Paragraph(5)(b) expressly permits that recipient.
Alberta Rules of Court, Alta Reg 124/2010, r 8.8(5)Does ten days replace the witness-notice period?
No. The notice itself ordinarily requires at least twenty days under paragraph(3).
Alberta Rules of Court, Alta Reg 124/2010, r 8.8(5)Can a different rule or order affect allowance delivery?
Yes. Paragraph(5) expressly reserves contrary rules and court orders.
Alberta Rules of Court, Alta Reg 124/2010, r 8.8(5)Does sending payment prove delivery?
Establish actual delivery under the selected source route rather than substituting a payment-processing date.
Alberta Rules of Court, Alta Reg 124/2010, r 8.8(5)Which court’s allowance rule applies here?
This guide addresses King’s Bench rule 8.8. Court of Justice section 27 has its own accompanying-allowance requirement.
Alberta Rules of Court, Alta Reg 124/2010, r 8.8(5)Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Alberta Rules of Court, Alta Reg 124/2010, r 8.8(5) | 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 |