JUDICATURE ACT - Alberta

1 Published by Alberta Queen s Printer E-mail: Shop on-line at Queen s Printer Bookstore 7th Floor, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 Fax: 780-452-0668 Province of Alberta Office Consolidation Alberta Regulation 124/2010 With amendments up to and including Alberta Regulation 85/2016 JUDICATURE ACT Alberta rules OF court Copyright and Permission Statement Alberta Queen's Printer holds copyright on behalf of the Government of Alberta in right of Her Majesty the Queen for all Government of Alberta legislation. Alberta Queen's Printer permits any person to reproduce Alberta s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and Crown copyright is acknowledged in the following format: Alberta Queen's Printer, 20__.

2 * *The year of first publication of the legal materials is to be completed. Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. 1(Consolidated up to 85/2016) Alberta REGULATION 124/2010 JUDICATURE Act Alberta rules OF court Table of Contents Part 1 Foundational rules Division 1 Purpose and Intention of These rules What these rules do Purpose and intention of these rules Division 2 Authority of the court General authority of the court to provide remedies Procedural orders Rule contravention.

3 Non-compliance and irregularities Changes to these rules Division 3 Interpreting These rules Interpreting these rules Interpretation Act Conflicts and inconsistencies with enactments Where definitions are located Part 2 The Parties To Litigation Division 1 Facilitating Legal Actions Actions by or against personal representatives and trustees Actions by or against partners and partnerships Suing individual partners Disclosure of partners Actions by and against sole proprietors Representative actions Amendments to pleadings in class proceedings Questioning of class and subclass members AR 124/2010 Alberta rules OF court 2 Class proceedings practice and procedure Intervenor status Division 2 Litigation Representatives Litigation representative required Types of litigation representatives and service of documents Automatic litigation representatives Self-appointed litigation representatives court appointment in absence of self-appointment court -appointed litigation

4 Representatives in limited cases Lawyer appointed as litigation representative Approval of settlement court approval of settlement, discontinuance, and abandonment of actions Money received by litigation representative Litigation representative: termination, replacement, terms and conditions Division 3 Representation or Assistance Before the court Self-represented litigants Assistance before the court Division 4 Lawyer of Record Lawyer of record Duties of lawyer of record Verifying lawyer of record Retaining lawyer for limited purposes Change in lawyer of record or self-representation Withdrawal of lawyer of record Service after lawyer ceases to be lawyer of record Withdrawal after trial date scheduled Automatic termination of lawyer of record and resolving difficulties Part 3 court Actions Division 1 court Actions and Their Venue

5 rules govern court actions How to start an action Determining the appropriate judicial centre AR 124/2010 Alberta rules OF court 3 Claim for possession of land Transfer of action Where an action is carried on Post-judgment transfer of action Division 2 Actions Started by Originating Application Subdivision 1 General rules Originating applications and associated evidence Service of originating application and evidence Application of Part 4 and Part 5 Service and filing of affidavits and other evidence in reply and response Application of statement of claim rules to originating applications Questioning on affidavit and questioning witnesses Originating application evidence (other than judicial review) Subdivision 2 Additional rules Specific to Originating Applications for Judicial Review Originating application for judicial review Originating application for judicial review.

6 Habeas corpus Attorney General s right to be heard Notice to obtain record of proceedings Sending in certified record of proceedings Other circumstances when record of proceedings may be required Limit on questioning Evidence on judicial review Stay of decision Additional remedies on judicial review Division 3 Actions Started by Statement of Claim Subdivision 1 Statement of Claim Contents of statement of claim Subdivision 2 Time Limit for Service of Statement of Claim Time for service of statement of claim Extension of time for service Effect of not serving statement of claim in time AR 124/2010 Alberta rules OF court 4 Notice of extension of time for service Subdivision 3 Defence to Statement of Claim.

7 Reply to Defence and Demand for Notice Defendant s options Statement of defence Additional options for defendant Reply to defence Demand for notice by defendant Judgment or order by agreement Subdivision 4 Failure to Defend Judgment in default of defence and noting in default Application for judgment against defendant noted in default Judgment for recovery of property Judgment for debt or liquidated demand Continuation of action following judgment When no defence is filed in foreclosure action Limitation on when judgment or noting in default may occur Subdivision 5 Claims Against Co-defendants How to make claim against co-defendant Subdivision 6 Third Party Claims When third party claim may be filed Form of third party claim Third party defendant becomes party Third party defendant s options Plaintiff s options Third party statement of defence and additional options Demand for notice by third party defendant Effect of demand for notice Consequences of not filing third party statement of defence Judgment against third party defendant Plaintiff s reply to third party defence Application of rules to third

8 Party claims AR 124/2010 Alberta rules OF court 5 Subdivision 7 Counterclaims Right to counterclaim Contents of counterclaim Status of counterclaim Claiming set-off Application of rules to counterclaims Division 4 Request for Particulars, Amendments to Pleadings and Close of Pleadings Request for particulars Amending pleading Identifying amendments to pleadings Time limit for application to disallow amendment to pleading Permission of court to amendment before or after close of pleadings Costs Close of pleadings Division 5 Significant Deficiencies in Claims court options to deal with significant deficiencies Division 6 Refining Claims and Changing Parties Subdivision 1 Joining and Separating Claims and Parties Joining claims Parties joining to bring action Separating claims

9 Consolidation or separation of claims and actions Incorrect parties not fatal to actions Subdivision 2 Changes to Parties Adding, removing or substituting parties after close of pleadings Adding, removing or substituting parties to originating application Action to be taken when defendant or respondent added Subsequent encumbrancers not parties in foreclosure action AR 124/2010 Alberta rules OF court 6 Part 4 Managing Litigation Division 1 Responsibility of Parties Responsibility of parties to manage litigation What the responsibility includes Categories of court action Standard case obligations Complex case obligations

10 Settling disputes about complex case litigation plans Monitoring and adjusting dates court may categorize actions Division 2 court Assistance in Managing Litigation Orders to facilitate proceedings Assistance by the court Ways the court may manage action Request for case management Appointment of case management judge Authority of case management judge Case management judge presiding at summary trial and trial Division 3 Dispute Resolution by Agreem