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Court of King's Bench Civil

AB

This publication guides practitioners through the conduct of civil proceedings in Court of King's Bench of Alberta.

2 Matter Plans

Overview

The commentaries cover key topics including the pre-action protocol and practice direction, settlement, initiating and responding to proceedings, default and summary judgment, case management, disclosure, and trial.

The Reference materials folder includes guidance on electronic signing and remote witnessing, and the Getting the matter underway folder contains essential compliance and client engagement documents. The comprehensive Retainer Instructions ensure that all necessary information is gathered from the client at the outset of the matter.

Precedents in this publication include:

  • Letters to clients explaining the process;
  • Retainer agreements, including contingency fee;
  • Library of notice and demand letters;
  • Library of pleadings for a statement of claim;
  • Settlement agreements;
  • Application for and affidavit in support of default judgment;
  • Example litigation plan, file brief, and trial brief index.
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2 Matter Plans Included

  • Item icon ALERTS - Nil
  • Item icon Full Commentary - Court of King's Bench Civil - Acting for the Plaintiff (AB)
  • Folder icon Reference materials
    • Item icon AI Prompts
    • Item icon Electronic Signing and Remote Witnessing
    • Item icon Further information
  • Item icon Overview
    This commentary focuses on the civil litigation process for a plaintiff in the Court of King’s Bench of Alberta. The Court of King’s Bench of Alberta is a court of general jurisdiction, which means it has the authority to hear all matters not expressly excluded by statute. These matters can include ...

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  • Folder icon A. Getting the matter underway
    • Item icon File cover sheet - Civil litigation
    • Item icon To do list - Court of King's Bench Civil - Acting for the Plaintiff
    • Item icon First steps
    • Item icon Prelude to litigation
      As litigation has limitation periods, work on preliminary matters should commence as soon as possible. This includes:

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    • Item icon Client details, verification, and source of funds
    • Item icon Retainer instructions - Civil matters
    • Item icon Retainer instructions - Debt collection
    • Item icon Conflict of interests check
    • Item icon Initial letter to client enclosing retainer agreement
    • Item icon Retainer agreement - Alberta
    • Item icon Retainer agreement - Contingency fee - Alberta
    • Item icon Affidavit (Generic)
    • Item icon Clause - Affidavit of execution
    • Item icon Letter to client re non-engagement
    • Item icon Time and costs estimates
    • Folder icon If required - Costs disclosure update and a non-engagement letter
      • Item icon Letter to client updating costs disclosure
      • Item icon Non-engagement letter
    • Folder icon General deeds, agreements, execution clauses, and statutory declarations
      • Item icon Deeds and Agreements
      • Folder icon Deeds
        • Item icon Confidentiality deed
        • Item icon Deed for general use
        • Item icon Deed of assignment of agreement
        • Item icon Deed of gift
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon General deed of indemnity
        • Folder icon Library of standard clauses for deeds
          • Item icon Amendment clause
          • Item icon Confidentiality clause for defined information - All parties
          • Item icon Confidentiality clause for defined information - One party
          • Item icon Confidentiality clause for terms of agreement - All parties
          • Item icon Confidentiality clause for terms of agreement - One party
          • Item icon Costs clause
          • Item icon Counterparts clause
          • Item icon Dispute resolution clause
          • Item icon Events beyond control clause
          • Item icon Governing law and jurisdiction clause
          • Item icon Interpretation clause
          • Item icon No assignment clause
          • Item icon Notices clause
          • Item icon Severance clause
          • Item icon Waiver clause
          • Item icon Whole agreement clause
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Heads of agreement
        • Item icon Non-disclosure agreement - Formal
        • Item icon Non-disclosure agreement - Informal
        • Folder icon Library of standard clauses for agreements
          • Item icon Amendment clause
          • Item icon Confidentiality clause for defined information - All parties
          • Item icon Confidentiality clause for defined information - One party
          • Item icon Confidentiality clause for terms of agreement - All parties
          • Item icon Confidentiality clause for terms of agreement - One party
          • Item icon Costs clause
          • Item icon Counterparts clause
          • Item icon Dispute resolution clause
          • Item icon Events beyond control clause
          • Item icon Governing law and jurisdiction clause
          • Item icon Interpretation clause
          • Item icon No assignment clause
          • Item icon Notices clause
          • Item icon Severance clause
          • Item icon Waiver clause
          • Item icon Whole agreement clause
      • Folder icon Execution clauses
        • Item icon Execution clauses - Agreements and contracts
        • Item icon Execution clauses - Deeds
      • Folder icon Statutory declaration
        • Item icon Statutory declaration
      • Item icon Standard annexure note for documents
  • Folder icon B. Settling it early
    • Item icon Notice and demand letters
      One of the first steps is to write to the other party setting out the nature of the client’s claim with sufficient particulars, for example, the date of loss or amount of debt that is being pursued and a description of the incident, so that they can respond. The notice or demand letter is important ...

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    • Item icon Letter to other side to cease and desist
    • Item icon Letter of demand to other side - Debt collection
    • Item icon Letter of notice to other side - Accident
    • Item icon Letter of notice to other side - Slip and fall
    • Item icon Letter to other side's insurer with notice of claim
    • Folder icon Offers and resolution
      • Item icon Offers and resolution
        Litigation can be expensive for everyone involved. Early settlement may be appropriate depending on the facts, the litigation risk, and the client. Settlement may involve a concession by the client, who will avoid litigation costs but will not recover as though it were their best day in court. ...

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      • Item icon Formal Offer to Settle
      • Item icon Letter to other side's lawyer enclosing formal offer to settle
      • Item icon Letter to other side's lawyer with Calderbank offer
      • Item icon Effecting settlement
        If a matter is resolved, the parties decide how to effect settlement and how to end the matter, for example, by discontinuing proceedings.

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      • Item icon Letter to other side's lawyer accepting offer
      • Item icon Full and final release
      • Item icon Authority to settle
      • Item icon Letter to other side's lawyer enclosing settlement release
    • Folder icon If required - Discontinuance
      • Item icon Discontinuance of Claim
        If the action has commenced but a trial date has not been set, a plaintiff may discontinue the action without leave of the court. Where a trial date has been set but the trial has not begun, the plaintiff can discontinue if all the parties agree, or with leave of the court.

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      • Item icon Discontinuance of Claim
      • Item icon Letter to other side's lawyer enclosing discontinuance of claim
  • Folder icon C. Going to court
    • Item icon Going to court
      Before commencing the action, the client should be aware of the following:

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    • Item icon Consolidated practice directions of the Court of Appeal of Alberta
    • Item icon Originating Application
      An Originating Application is mainly used when there is no substantial factual dispute, there is no defendant to serve, or for judicial review. See r 3.2(2) of the Alberta Rules of Court for the full list of when an Originating Application is used. An Originating Application must:

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    • Item icon Originating Application
    • Item icon Statement of Claim
      Starting an action using a Statement of Claim is the default procedure. A Statement of Claim must be used except where an Originating Application is appropriate. A Statement of Claim must comply with Division 3 of Part 3 the Alberta Rules of Court. Division 3 of Part 13 sets out the rules ...

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    • Item icon Statement of Claim
    • Folder icon Library of pleadings for a statement of claim
      • Item icon Clause - Pleading against company and guarantor
      • Item icon Clause - Pleading debt recovery of lawyer's costs
      • Item icon Clause - Pleading for goods sold and delivered
      • Item icon Clause - Pleading for motor vehicle accident - Damage to property
      • Item icon Clause - Pleading for personal injury - Motor vehicle accident
      • Item icon Clause - Pleading for personal injury - Other than motor vehicle accident
      • Item icon Clause - Pleading for money lent
    • Item icon Filing the claim
      A statement of claim must be filed at the Court of Kingʼs Bench location nearest to the parties’ residences or places of business in Alberta. The plaintiff indicates this court location when they file the statement of claim and other civil documents electronically using the Kingʼs Bench Filing ...

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    • Item icon Electronic filing using the Kingʼs Bench Filing Digital Service – Civil
      Lawyers can file civil documents electronically for all Court of Kingʼs Bench locations in Alberta using the Kingʼs Bench Filing Digital Service – Civil. Self-represented litigants and out-of-province lawyers currently cannot use this filing digital service and must file documents either in person ...

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    • Item icon Digital orders
      Parties can create and submit digital orders within the King’s Bench Filing Digital Service. Creating a digital order requires the party to enter data into an online form instead of uploading a PDF. The order can be drafted, edited, and submitted through the filing digital service. Using this ...

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    • Folder icon Service
      • Item icon Service
        Service is governed by Part 11 of the Alberta Rules of Court. A statement of claim must be served within 1 year of being filed with the court.

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      • Item icon Letter of instruction to process server
      • Item icon Affidavit of Service
      • Folder icon If required - Application to serve outside Alberta
        • Item icon Service outside Alberta
          Service can be effected outside Alberta but within Canada without leave of the court. Where a statement of claim is served outside Alberta, the Alberta Rules of Court require the practitioner to:

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        • Item icon Application - Civil
        • Item icon Clause - Application to serve outside Alberta
        • Item icon Affidavit (Generic)
        • Item icon Clause - Affidavit in support of service outside Alberta
        • Item icon Exhibit stamp
        • Item icon Email Filing Request
        • Item icon Checklist for filing of electronic documents – Court of King’s Bench of Alberta
      • Folder icon If required - Application for substitutional service or extension of time to serve
        • Item icon Challenges with service
          Sometimes it is impossible to serve a defendant within the prescribed time, properly or at all. Where this occurs, the plaintiff may bring an application:

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        • Item icon Application - Civil
        • Item icon Clause - Application for substitutional service and extension of time
        • Item icon Affidavit (Generic)
        • Item icon Clause - Affidavit in support of substitutional service and extension of time
        • Item icon Exhibit stamp
        • Item icon Email Filing Request
        • Item icon Checklist for filing of electronic documents – Court of King’s Bench of Alberta
      • Folder icon If required - Application to validate service
        • Item icon Application - Civil
        • Item icon Clause - Application to validate service
        • Item icon Affidavit (Generic)
        • Item icon Clause - Affidavit in support of application to validate service
        • Item icon Exhibit stamp
        • Item icon Email Filing Request
        • Item icon Checklist for filing of electronic documents – Court of King’s Bench of Alberta
    • Item icon Letter to other side's insurer enclosing statement of claim
    • Item icon Litigation plan
    • Item icon Letter to other side's lawyer enclosing litigation plan
    • Item icon Managing the litigation
      The parties have an obligation to manage the dispute and plan for resolution in a timely and cost-effective way. To facilitate an efficient resolution process, claims can proceed under two streams depending on whether the matter is designated a standard or a complex case.

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    • Item icon Responses to the proceeding
      A defendant’s response to the action depends on whether proceedings were commenced by Originating Application or Statement of Claim. If an action is commenced by an Originating Application, the respondent may serve the plaintiff with a responding affidavit within a reasonable time before the ...

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    • Folder icon If required - Reply
      • Item icon Reply to Defence
        A Reply to Defence is appropriate where there are issues in the Statement of Defence that have been raised for the first time. The Reply to Defence must include the following details:

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      • Item icon Reply to Defence
      • Item icon Letter to other side's lawyer enclosing reply to defence
    • Folder icon If required - Counterclaims
      • Item icon Counterclaim
        A defendant who has a claim against the plaintiff may bring a Counterclaim. The defendant is not required to file a Statement of Defence before filing a Counterclaim.

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      • Item icon Counterclaim
      • Item icon Letter to other side's lawyer enclosing counterclaim or third party claim
      • Item icon Statement of Defence
      • Item icon Letter to other side's lawyer serving defence to counterclaim or third party defence
    • Folder icon If required - Third party claims
      • Item icon Third Party Claims
        A defendant may have grounds for a third party claim against a person who is not already party to the main action where that person:

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      • Item icon Third Party Claim
      • Item icon Letter to other side's lawyer enclosing counterclaim or third party claim
      • Item icon Third Party Statement of Defence
      • Item icon Letter to other side's lawyer serving defence to counterclaim or third party defence
    • Folder icon If required - Notice of change of representation
      • Item icon Letter to other side's lawyer serving notice of change of representation
      • Item icon Notice of Change of Representation
      • Item icon Letter to court filing notice and affidavit of service
      • Item icon Affidavit of Service
  • Folder icon D. Default judgment
    • Item icon Default judgment
      Rules 3.36 to 3.42 of the Alberta Rules of Court deal with default judgment. A plaintiff can pursue final judgment if making a claim for:

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    • Item icon Letter to other side warning of noting in default
    • Item icon Noting in Default
    • Item icon Letter to client re defendant is noted in default
    • Item icon Letter to other side confirming noted in default
    • Item icon Application - Civil
    • Item icon Clause - Application for default judgment
    • Item icon Affidavit (Generic)
    • Item icon Clause - Affidavit in support of default judgment
    • Item icon Exhibit stamp
    • Item icon Email Filing Request
    • Item icon Checklist for filing of electronic documents – Court of King’s Bench of Alberta
    • Item icon Letter to other side enclosing application for default judgment
  • Folder icon E. Applications
    • Item icon Applications
      Applications are mini contests conducted before the final hearing. They are brought by Application and supported by an Affidavit. Applications can be about a variety of issues including, but not limited to:

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    • Item icon Preparing the application
      An Application, Affidavit and application brief are required to bring an application. These documents must be filed with the court and served on the affected parties.

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    • Item icon Application - Civil
    • Item icon Affidavit (Generic)
    • Item icon Exhibit stamp
    • Item icon Email Filing Request
    • Item icon Checklist for filing of electronic documents – Court of King’s Bench of Alberta
    • Item icon Letter to other side's lawyer enclosing application
    • Item icon Responding to an application
      A responding party may file its own materials in response within a reasonable time before the Application is heard. A respondent’s materials include the party’s defence and a supporting affidavit including relevant exhibits.

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    • Item icon Letter to other side's lawyer enclosing application response
    • Folder icon Summary judgment
      • Item icon Summary judgment
        Division 2 of Part 7 of the Alberta Rules of Court deals with summary judgment. A plaintiff’s claim does not always proceed to trial. A successful application for summary judgment may end the claim, leaving no issue to be determined.

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      • Item icon Application - Civil
      • Item icon Affidavit (Generic)
      • Item icon Clause - Affidavit in support - Summary judgment - Plaintiff
    • Folder icon Summary trial
      • Item icon Summary trial
        Division 3 of Part 7 of the Alberta Rules of Court deals with summary trial. Depending on the complexity, costs and credibility of evidence, a summary trial may be appropriate for a claim.

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      • Item icon Application for Streamlined Trial
    • Folder icon Security for costs
      • Item icon Security for costs
        An application for security for costs may be appropriate where a party’s ability to pay or satisfy judgment is in doubt. A party may seek security for costs regardless of whether the action was started by a Statement of Claim or an Originating Application.

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      • Item icon Application - Civil
      • Item icon Affidavit (Generic)
      • Item icon Bill of Costs
  • Folder icon F. Challenging pleadings
    • Item icon Challenging pleadings
      A party can challenge pleadings in many ways, including:

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    • Item icon Request for Particulars
      Rule 3.61 of the Alberta Rules of Court deals with a request for particulars. Where the factual allegations in a pleading lack particularity or are insufficient to permit a party to plead a response, the responding party may serve a Request for Particulars that sets out by paragraph the ...

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    • Item icon Letter to other side's lawyer requesting particulars
    • Item icon Application to strike out a pleading
      The court may strike out a pleading where it has no jurisdiction to deal with the claim as pleaded. The court may also strike out all or part of a pleading that:

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    • Item icon Application - Civil
    • Item icon Affidavit (Generic)
    • Item icon Exhibit stamp
    • Item icon Email Filing Request
    • Item icon Checklist for filing of electronic documents – Court of King’s Bench of Alberta
    • Item icon Letter to other side's lawyer enclosing application
    • Item icon Letter to other side's lawyer enclosing application response
  • Folder icon G. Gathering and exchanging evidence
    • Item icon Gathering and exchanging evidence
      Part 5 of the Alberta Rules of Court deals with disclosure of evidence. The disclosure process begins once the pleadings have closed.

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    • Folder icon Affidavit of records
      • Item icon Affidavit of Records
        Each party needs to serve an Affidavit of Records that discloses, to the best of their knowledge, all documents relevant to a matter in issue that are or have been in their possession. The prescribed time frames for the exchange of Affidavits of Records depends on whether the case is a standard or ...

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      • Item icon Affidavit of Records
      • Item icon Letter to other side's lawyer serving affidavit of records
      • Item icon Letter to other side's lawyer with request for documents
    • Folder icon Questioning
      • Item icon Questioning
        Subdivision 3 Division 1 of Part 5 of the Alberta Rules of Court deals with questions to discover relevant and material records and information. Once the parties have served their Affidavit of Records, each party is entitled to question the opposing party or any party to the action who has an ...

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      • Item icon Notice of Appointment for Questioning
      • Item icon Letter to other side's lawyer enclosing notice of appointment for questioning
      • Item icon Letter to client confirming questioning date
      • Item icon Example content - Written questions
      • Item icon Affidavit (Generic)
      • Item icon Clause - Affidavit of answers to written questioning
      • Item icon Example content - Plaintiff's response to written questioning
    • Folder icon Undertakings
      • Item icon Undertakings arising from questioning
        Evidence provided by the parties in questioning may give rise to requests for undertakings. For example, a plaintiff seeking damages for injuries in a motor vehicle accident gives evidence that they were hospitalized after the accident. The relevant hospital records were not included in their ...

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      • Item icon Letter to other side's lawyer confirming undertakings
      • Folder icon If required - Application to compel outstanding undertakings
        • Item icon Application - Civil
        • Item icon Affidavit (Generic)
        • Item icon Exhibit stamp
        • Item icon Email Filing Request
        • Item icon Checklist for filing of electronic documents – Court of King’s Bench of Alberta
        • Item icon Letter to other side's lawyer enclosing application
    • Folder icon Expert witnesses
      • Item icon Examination of a non-party
        In certain circumstances, a non-party may be examined because their evidence is important to a matter in dispute and they cannot be required to give evidence at trial. A pre-trial examination of a non-party preserves their evidence for use at trial. A non-party who cannot be examined at trial ...

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      • Item icon Client authority to provide documents
      • Item icon Expert's Report
      • Item icon Letter to plaintiff's expert with instructions
      • Item icon Letter to other side's lawyer enclosing expert report
      • Item icon Letter to other side's lawyer with objections to expert report
    • Item icon Application for a non-party to produce documents
      It may be necessary to make an application for a non-party to produce a document that is:

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    • Item icon Medical examination of a party to the action
      If an issue, the parties may agree to retain a health professional to examine and prepare an expert’s report on the mental or physical health of one of the parties. If the parties cannot agree on who will conduct the medical examination, the court may designate an examiner.

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    • Item icon Notice to Admit Facts
      Rule 6.37 of the Alberta Rules of Court deals with notices to admit facts. After questioning is concluded, any admissions that were not made that could eliminate the need to prove those facts or documents at trial are considered.

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    • Item icon Notice to Admit Facts (Written Opinions)
  • Folder icon H. Dispute resolution and pre-trial
    • Folder icon Dispute resolution
      • Item icon Judicial Dispute Resolution
        Judicial Dispute Resolution is a confidential pre-trial settlement conference with a judge. Judicial Dispute Resolution is conducted informally in a conference room setting. Gowning is not required.

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      • Item icon Judicial Dispute Resolution – Court of King’s Bench of Alberta
      • Item icon Letter to other side's lawyer confirming judicial dispute resolution
      • Item icon Letter to other side's lawyer enclosing judicial dispute resolution material
      • Item icon Application for Dispute Resolution Exemption
      • Item icon Response to Application for Dispute Resolution Exemption
      • Item icon Affidavit (Generic)
      • Item icon Judicial dispute resolution memorandum
    • Folder icon Pre-trial
      • Item icon Pre-trial
        Once all pleadings, interlocutory applications, disclosure, admissions, undertakings, and a dispute resolution process have been concluded, the matter can proceed to trial. The decision to go to trial involves considering:

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      • Item icon Scheduling a matter for trial
        On consent To schedule a trial the plaintiff files a Request to Schedule a Trial Date.

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      • Item icon Request to Schedule a Trial Date
      • Item icon Application for Court to Set a Trial Date
      • Item icon Leading up to trial
        In the lead-up period to a trial, parties are required to:

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      • Item icon Confirmation of Trial Date
      • Item icon Letter to other side's lawyer confirming trial date
      • Item icon Letter to client confirming trial date
      • Item icon Letter to other side's lawyer with list of witnesses
      • Item icon Trial brief index
  • Folder icon I. Trial and costs
    • Item icon Trial
      Most civil litigation does not reach trial. However, parties who cannot resolve their dispute before trial will have it adjudicated by either a judge or jury.

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    • Item icon Example content - File brief
    • Item icon Lay witnesses
      The evidence of lay witnesses may be relevant to a claim. For example, potential witnesses in a claim for injuries arising from a car accident include:

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    • Item icon Notice to Attend as Witness at Trial
    • Item icon Preparing for a trial
      Preparation for trial includes:

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    • Item icon Trial procedure
      Any preliminary applications should be brought at the outset of the trial. This may include applications for the exclusion of witnesses or about the admissibility of evidence. If the trial is being adjudicated by a jury, each party has a right to three peremptory challenges for jury selection. ...

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    • Item icon Costs
      Subdivision 2 Division 2 of Part 10 of the Alberta Rules of Court deals with assessment of costs. After litigation, the successful party is entitled to their costs in the action and the losing party bears their own costs and the costs of the successful party.

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    • Item icon Appointment for Assessment of Costs
    • Item icon Review & Assessment Booking Request Form – Court of King’s Bench of Alberta
    • Item icon Bill of Costs
    • Item icon Affidavit (Generic)
    • Item icon Letter to other side's lawyer enclosing bill of costs and appointment for assessment of costs
  • Folder icon J. Appeals
    • Item icon Appeals
      Appeals can be complex and costly. An appeal may culminate in a series of applications or even an application to quash an appeal for want of jurisdiction. An adverse decision received from a trial court needs to be reviewed closely in relation to:

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    • Item icon Appeals to single judge of Court of King’s Bench
      The appellant must file and serve its appeal within 10 days from the date that the decision under appeal was entered and served. To start an appeal, the appellant uses a Notice of Appeal of Application Judge's Judgment or Order. This notice of appeal must be returnable within 2 months from the ...

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    • Item icon Notice of Appeal of Applications Judge's Judgment or Order
    • Item icon Letter to other side's lawyer enclosing notice of appeal or application for leave to appeal
    • Item icon Affidavit (Generic)
    • Item icon Exhibit stamp
    • Item icon Appeals to Court of Appeal of Alberta
      The Court of Appeal of Alberta offers 2 types of appeals:

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    • Item icon CAMS - The Court of Appeal Management System - Court of Appeal Alberta
    • Item icon Application Form AP-3 - Court of Appeal of Alberta
    • Item icon Civil Notice of Appeal Form AP-1 - Court of Appeal of Alberta
    • Item icon Letter to other side's lawyer enclosing notice of appeal or application for leave to appeal
    • Item icon Affidavit of service - Court of Appeal of Alberta
    • Item icon Civil Notice of Cross Appeal
    • Item icon Discontinuance of Appeal
    • Item icon Cover Page
    • Item icon Factum
    • Item icon Memorandum of Argument
    • Item icon Extracts of Key Evidence
    • Item icon Book of authorities index
  • Folder icon K. Finalizing the matter
    • Item icon Finalizing the matter
      Closing the file

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    • Item icon Letter to client finalizing the matter
    • Item icon Invoice recital - Civil litigation
    • Item icon Closing the file
    • Item icon File closing checklist
  • Item icon Comments and suggestions for By Lawyers

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