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Alberta civil procedure

When must an Alberta King’s Bench trial witness notice be served?

20 days or more before trial. Serve Form 40 on the witness and, if represented, the witness’s lawyer. Rule 8.8 requires commencement-document service methods and specifies the date, time, place and attendance period. Witness allowance delivery is a separate accompanying or ten-day requirement.

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Read why no date is calculated
Period
20 days or more before trial
Trigger
The actual trial date and required attendance particulars
Rule
Alberta Rules of Court, Alta Reg 124/2010, r 8.8(3)
Alberta Rules of Court, Alta Reg 124/2010, r 8.8(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

Rule 8.8 requires commencement-document service methods and specifies the date, time, place and attendance period. Witness allowance delivery is a separate accompanying or ten-day requirement. The unresolved completion facts are the actual trial date and required attendance particulars and the source-qualified route to serve Form 40 on the witness and, if represented, the witness’s lawyer.

Alberta Rules of Court, Alta Reg 124/2010, r 8.8(3)

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When must an Alberta King’s Bench trial witness notice be served?

20 days or more before trial. Serve Form 40 on the witness and, if represented, the witness’s lawyer. Rule 8.8 requires commencement-document service methods and specifies the date, time, place and attendance period. Witness allowance delivery is a separate accompanying or ten-day requirement.

Responsible actor. The party requiring a person to attend as a trial witness.

The actual trial date and required attendance particulars.

Rule 8.8 requires commencement-document service methods and specifies the date, time, place and attendance period. Witness allowance delivery is a separate accompanying or ten-day requirement.

Rule 8.8 requires commencement-document service methods and specifies the date, time, place and attendance period. Witness allowance delivery is a separate accompanying or ten-day requirement.

Alberta Rules of Court, Alta Reg 124/2010, r 8.8(3)

How does this provision count time?

  1. Identify the actual trial date and required attendance particulars.
  2. Serve Form 40 on the witness and, if represented, the witness’s lawyer.
  3. For serve Form 40 on the witness and, if represented, the witness’s lawyer, rule 13.3 excludes the actual event day and counts ordinary calendar days. The source states 20 days or more before trial. Rule 8.8 requires commencement-document service methods and specifies the date, time, place and attendance period. Witness allowance delivery is a separate accompanying or ten-day requirement.
  4. The required spacing for serve Form 40 on the witness and, if represented, the witness’s lawyer runs before the actual trial date and required attendance particulars. 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 serve Form 40 on the witness and, if represented, the witness’s lawyer, rule 13.3 excludes the actual event day and counts ordinary calendar days. The source states 20 days or more before trial. Rule 8.8 requires commencement-document service methods and specifies the date, time, place and attendance period. Witness allowance delivery is a separate accompanying or ten-day requirement.

The required spacing for serve Form 40 on the witness and, if represented, the witness’s lawyer runs before the actual trial date and required attendance particulars. 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(3)

Which facts prevent one automatic date?

Rule 8.8 requires commencement-document service methods and specifies the date, time, place and attendance period. Witness allowance delivery is a separate accompanying or ten-day requirement. The unresolved completion facts are the actual trial date and required attendance particulars and the source-qualified route to serve Form 40 on the witness and, if represented, the witness’s lawyer.

ResultRead the operative provision and establish the applicable branch.

The party requiring a person to attend as a trial witness establishes the actual trial date and required attendance particulars. Rule 8.8 requires commencement-document service methods and specifies the date, time, place and attendance period. Witness allowance delivery is a separate accompanying or ten-day requirement. 20 days or more before trial. Serve Form 40 on the witness and, if represented, the witness’s lawyer. This source scenario does not calculate a final date.

The proposed boundary for serve Form 40 on the witness and, if represented, the witness’s lawyer meets a holiday or closed office. The required spacing for serve Form 40 on the witness and, if represented, the witness’s lawyer runs before the actual trial date and required attendance particulars. 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 witness service spacing and applicable closure facts. No moved final date is supplied.

The witness is represented and only the witness was served. The lawyer’s required service must also be checked. Rule 8.8 requires commencement-document service methods and specifies the date, time, place and attendance period. Witness allowance delivery is a separate accompanying or ten-day requirement. Review Alberta Rules of Court, Alta Reg 124/2010, r 8.8(3) with the changed facts. 20 days or more before trial cannot resolve this branch by itself.

Which conditions and exceptions apply?

Actual source branch
Rule 8.8 requires commencement-document service methods and specifies the date, time, place and attendance period. Witness allowance delivery is a separate accompanying or ten-day requirement.
Source interval and calendar
For serve Form 40 on the witness and, if represented, the witness’s lawyer, rule 13.3 excludes the actual event day and counts ordinary calendar days. The source states 20 days or more before trial. Rule 8.8 requires commencement-document service methods and specifies the date, time, place and attendance period. Witness allowance delivery is a separate accompanying or ten-day requirement.
Actor and completion
The party requiring a person to attend as a trial witness. Serve Form 40 on the witness and, if represented, the witness’s lawyer.
Alberta Rules of Court, Alta Reg 124/2010, r 8.8(3)
  • Rule 8.8 requires commencement-document service methods and specifies the date, time, place and attendance period. Witness allowance delivery is a separate accompanying or ten-day requirement.
  • The actor is the party requiring a person to attend as a trial witness. The event is the actual trial date and required attendance particulars. The boundary is minimum witness service spacing. Rule 8.8 requires commencement-document service methods and specifies the date, time, place and attendance period. Witness allowance delivery is a separate accompanying or ten-day requirement.

What must the responsible actor complete?

Questions about this procedure

When must an Alberta King’s Bench trial witness notice be served?

Can a party be required to attend as a witness?

Yes. Rule 8.8(1) includes a party among persons who may receive the notice.

Alberta Rules of Court, Alta Reg 124/2010, r 8.8(3)

Which form applies in King’s Bench?

Form 40, rather than the Court of Justice notice governed by its separate regulation.

Alberta Rules of Court, Alta Reg 124/2010, r 8.8(3)

Must the witness’s lawyer receive service?

Yes, if the witness is represented under paragraph(2).

Alberta Rules of Court, Alta Reg 124/2010, r 8.8(3)

Which service methods apply?

Paragraph(4) requires a Part 11 method for service of commencement documents.

Alberta Rules of Court, Alta Reg 124/2010, r 8.8(3)

Does this notice also govern trial records?

The notice may require the witness to bring specified records to trial.

Alberta Rules of Court, Alta Reg 124/2010, r 8.8(3)

Is the witness allowance always due on the same date?

It may accompany the notice or be delivered at least ten days before trial under paragraph(5), subject to another rule or order.

Alberta Rules of Court, Alta Reg 124/2010, r 8.8(3)

Official sources and review

Provisions used (3)
Provisions used in this guide
ProvisionPurpose
Alberta Rules of Court, Alta Reg 124/2010, r 8.8(3)Check the identified procedure, event, counting rule or qualification
Alberta Rules of Court, rules 13.2 to 13.5Check the identified procedure, event, counting rule or qualification
Alberta Interpretation Act, section 22Check the identified procedure, event, counting rule or qualification
Read the official controlling provision

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