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Alberta Regulation 120/2010
Apprenticeship and Industry Training Act
SHEET METAL WORKER TRADE AMENDMENT REGULATION
Filed: July 19, 2010
For information only:   Made by the Alberta Apprenticeship and Industry Training 
Board on June 18, 2010 and approved by the Minister of Advanced Education and 
Technology on July 14, 2010 pursuant to section 33(2) of the Apprenticeship and 
Industry Training Act . 
1   The Sheet Metal Worker Trade Regulation (AR 303/2000) 
is amended by this Regulation.

2   Section 1(d) is amended by
	(a)	repealing subclause (iv);
	(b)	repealing subclause (vi) and substituting the 
following:
	(vi)	all other custom fabricated objects constructed from 
sheet metal;

3   Section 2 is amended by repealing clauses (a), (b) and 
(c) and substituting the following:
	(a)	laying out, preparing, fabricating, assembling and installing 
sheet metal items;
	(b)	fabricating, installing, servicing, maintaining and upgrading
	(i)	fume and dust exhaust systems for residential, 
commercial and industrial sites,
	(ii)	heating and ventilation systems for residential, 
commercial and industrial sites,
 	(iii)	air conditioning systems of up to 5 tons total capacity 
per system for residential sites, and
	(iv)	equipment associated with the undertakings referred to 
in subclauses (i) to (iii).

4   Section 3 is amended by repealing clauses (d) and (e) 
and substituting the following:
	(d)	installing residential split system air conditioning systems of 
up to 5 tons total capacity per system;
	(e)	installing, maintaining and repairing furnaces, combination 
rooftop units, make-up air units, heating, ventilating and air 
conditioning systems of up to 5 tons total capacity per 
system, appliances, accessories and similar equipment related 
to or used for sheet metal work;


--------------------------------
Alberta Regulation 121/2010
Apprenticeship and Industry Training Act
STEEL DETAILER OCCUPATION AMENDMENT REGULATION
Filed: July 19, 2010
For information only:   Made by the Alberta Apprenticeship and Industry Training 
Board on June 18, 2010 and approved by the Minister of Advanced Education and 
Technology on July 14, 2010 pursuant to section 37(2) of the Apprenticeship and 
Industry Training Act. 
1   The Steel Detailer Occupation Regulation (AR 239/2001) 
is amended by this Regulation.

2   Section 2 is amended by adding "electronic data," before 
"notes and specifications".

3   Section 3(b) is amended by adding "electronic data," before 
"storage devices".

4   Section 4 is amended by striking out "January 31, 2011" 
and substituting "January 31, 2017".



Alberta Regulation 122/2010
Apprenticeship and Industry Training Act
DESIGNATION OF OCCUPATIONS (RECESSION OF WAREHOUSING 
OCCUPATION) AMENDMENT REGULATION
Filed: July 19, 2010
For information only:   Made by the Minister of Advanced Education and Technology 
on July 14, 2010 pursuant to section 36(1) of the Apprenticeship and Industry 
Training Act. 
1   The Designation of Occupations Regulation 

2   Section 1(f) is repealed.

3   This Regulation comes into force on August 1, 2010.


--------------------------------
Alberta Regulation 123/2010
Apprenticeship and Industry Training Act(AR 285/2006) is amended by 
this Regulation.
WAREHOUSING OCCUPATION REPEAL REGULATION
Filed: July 19, 2010
For information only:   Made by the Alberta Apprenticeship and Industry Training 
Board on June 18, 2010 and approved by the Minister of Advanced Education and 
Technology on July 14, 2010 pursuant to section 37(2) of the Apprenticeship and 
Industry Training Act. 
1   The Warehousing Occupation Regulation (AR 309/2000) 
is repealed.

2   This Regulation comes into force on August 1, 2010.



Alberta Regulation 124/2010
Judicature Act
ALBERTA RULES OF COURT
Filed: July 19, 2010
For information only:   Made by the Lieutenant Governor in Council (O.C. 256/2010) 
on July 14, 2010 pursuant to section 28.1 of the Judicature Act. 
Table of Contents
Part 1 
Foundational Rules
Division 1 
Purpose and Intention of These Rules
	1.1	What these rules do


	1.2	Purpose and intention of these rules
Division 2 
Authority of the Court
	1.3	General authority of the Court to provide remedies
	1.4	Procedural orders
	1.5	Rule contravention, non-compliance and irregularities
	1.6	Changes to these rules
Division 3 
Interpreting These Rules
	1.7	Interpreting these rules
	1.8	Interpretation Act
	1.9	Conflicts and inconsistencies with enactments
	1.10	Where definitions are located
Part 2 
The Parties To Litigation
Division 1 
Facilitating Legal Actions
	2.1	Actions by or against personal representatives and trustees
	2.2	Actions by or against partners and partnerships
	2.3	Suing individual partners
	2.4	Disclosure of partners
	2.5	Actions by and against sole proprietors
	2.6	Representative actions
	2.7	Amendments to pleadings in class proceedings
	2.8	Questioning of class and subclass members
	2.9	Class proceedings practice and procedure
	2.10	Intervenor status
Division 2 
Litigation Representatives
	2.11	Litigation representative required
	2.12	Types of litigation representatives and service of documents
	2.13	Automatic litigation representatives
	2.14	Self-appointed litigation representatives
	2.15	Court appointment in absence of self-appointment
	2.16	Court-appointed litigation representatives in limited cases
	2.17	Lawyer appointed as litigation representative
	2.18	Approval of settlement
	2.19	Court approval of settlement, discontinuance, and  
abandonment of actions
	2.20	Money received by litigation representative
	2.21	Litigation representative:  termination, replacement,  
terms and conditions
Division 3 
Representation or Assistance Before the Court
	2.22	Self-represented litigants
	2.23	Assistance before the Court
Division 4 
Lawyer of Record
	2.24	Lawyer of record
	2.25	Duties of lawyer of record
	2.26	Verifying lawyer of record
	2.27	Retaining lawyer for limited purposes
	2.28	Change in lawyer of record or self-representation
	2.29	Withdrawal of lawyer of record
	2.30	Service after lawyer ceases to be lawyer of record
	2.31	Withdrawal after trial date scheduled
	2.32	Automatic termination of lawyer of record and resolving difficulties
Part 3 
Court Actions
Division 1 
Court Actions and Their Venue
	3.1	Rules govern Court actions
	3.2	How to start an action
	3.3	Determining the appropriate judicial centre
	3.4	Claim for possession of land
	3.5	Transfer of action
	3.6	Where an action is carried on
	3.7	Post-judgment transfer of action
Division 2 
Actions Started by Originating Application
Subdivision 1 
General Rules
	3.8	Originating applications and associated evidence
	3.9	Service of originating application and evidence
	3.10	Application of Part 4 and Part 5
	3.11	Service and filing of affidavits and other evidence in reply  
and response
	3.12	Application of statement of claim rules to originating applications
	3.13	Questioning on affidavit and questioning witnesses
	3.14	Originating application evidence (other than judicial review)
Subdivision 2 
Additional Rules Specific to Originating Applications for 
Judicial Review
	3.15	Originating application for judicial review
	3.16	Originating application for judicial review:  habeas corpus
	3.17	Attorney General's right to be heard
	3.18	Notice to obtain record of proceedings
	3.19	Sending in certified record of proceedings
	3.20	Other circumstances when record of proceedings may be required
	3.21	Limit on questioning
	3.22	Evidence on judicial review
	3.23	Stay of decision
	3.24	Additional remedies on judicial review
Division 3 
Actions Started by Statement of Claim
Subdivision 1 
Statement of Claim
	3.25	Contents of statement of claim
Subdivision 2 
Time Limit for Service of Statement of Claim
	3.26	Time for service of statement of claim
	3.27	Extension of time for service
	3.28	Effect of not serving statement of claim in time
	3.29	Notice of extension of time for service
Subdivision 3 
Defence to Statement of Claim, Reply to Defence and Demand 
for Notice
	3.30	Defendant's options
	3.31	Statement of defence
	3.32	Additional options for defendant who files defence
	3.33	Reply to defence
	3.34	Demand for notice by defendant
	3.35	Judgment or order by agreement
Subdivision 4 
Failure to Defend
	3.36	Judgment in default of defence and noting in default
	3.37	Application for judgment against defendant noted in default
	3.38	Judgment for recovery of property
	3.39	Judgment for debt or liquidated demand
	3.40	Continuation of action following judgment
	3.41	When no defence is filed in foreclosure action
	3.42	Limitation on when judgment or noting in default may occur
Subdivision 5 
Claims Against Co-defendants
	3.43	How to make claim against co-defendant
Subdivision 6 
Third Party Claims
	3.44	When third party claim may be filed
	3.45	Form of third party claim
	3.46	Third party defendant becomes party
	3.47	Third party defendant's options
	3.48	Plaintiff's options
	3.49	Third party statement of defence
	3.50	Demand for notice by third party defendant
	3.51	Effect of demand for notice
	3.52	Consequences of not filing third party statement of defence
	3.53	Judgment against third party defendant
	3.54	Plaintiff's reply to third party defence
	3.55	Application of rules to third party claims
Subdivision 7 
Counterclaims
	3.56	Right to counterclaim
	3.57	Contents of counterclaim
	3.58	Status of counterclaim
	3.59	Claiming set-off
	3.60	Application of rules to counterclaims
Division 4 
Request for Particulars, Amendments to Pleadings  
and Close of Pleadings
	3.61	Request for particulars
	3.62	Amending pleading
	3.63	Identifying amendments to pleadings
	3.64	Time limit for application to disallow amendment to pleading
	3.65	Permission of Court to amendment before or after close of 
pleadings
	3.66	Costs
	3.67	Close of pleadings
Division 5 
Significant Deficiencies in Claims
	3.68	Court options to deal with significant deficiencies
Division 6 
Refining Claims and Changing Parties
Subdivision 1 
Joining and Separating Claims and Parties
	3.69	Joining claims
	3.70	Parties joining to bring action
	3.71	Separating claims
	3.72	Consolidation or separation of claims and actions
	3.73	Incorrect parties not fatal to actions
Subdivision 2 
Changes to Parties
	3.74	Adding, removing or substituting parties after close of pleadings
	3.75	Adding, removing or substituting parties to originating application
	3.76	Action to be taken when defendant or respondent added
	3.77	Subsequent encumbrancers not parties in foreclosure action
Part 4 
Managing Litigation
Division 1 
Responsibility of Parties
	4.1	Responsibility of parties to manage litigation
	4.2	What the responsibility includes
	4.3	Categories of court action
	4.4	Standard case obligations
	4.5	Complex case obligations
	4.6	Settling disputes about complex case litigation plans
	4.7	Monitoring and adjusting dates
	4.8	Court may categorize actions
Division 2 
Court Assistance in Managing Litigation
	4.9	Orders to facilitate proceedings
	4.10	Assistance by the Court
	4.11	Ways the Court may manage action
	4.12	Request for case management
	4.13	Appointment of case management judge
	4.14	Authority of case management judge
	4.15	Case management judge presiding at summary trial and trial
Division 3 
Dispute Resolution by Agreement
Subdivision 1 
Dispute Resolution Processes
	4.16	Dispute resolution processes
Subdivision 2 
Judicial Dispute Resolution
	4.17	Purpose of judicial dispute resolution
	4.18	Judicial dispute resolution process
	4.19	Documents resulting from judicial dispute resolution
	4.20	Confidentiality and use of information
	4.21	Involvement of judge after process concludes
Division 4 
Security for Payment of Costs Award
	4.22	Considerations for security for costs order
	4.23	Contents of security for costs order
Division 5 
Settlement Using Court Process
	4.24	Formal offers to settle
	4.25	Acceptance of formal offer to settle
	4.26	If costs are not dealt with in formal offer to settle
	4.27	Status of formal offer to settle and acceptance
	4.28	Confidentiality of formal offer to settle
	4.29	Costs consequences of formal offer to settle
	4.30	When this Division does not apply
Division 6 
Delay in an Action
	4.31	Application to deal with delay
	4.32	Agreement about delay
	4.33	Dismissal for long delay
Division 7 
Transfer and Transmission of Interest
	4.34	Stay of proceedings on transfer or transmission of interest
	4.35	Death has no effect on action after evidence heard
Division 8 
Discontinuance
	4.36	Discontinuance of claim
	4.37	Discontinuance of defence
Part 5 
Disclosure of Information
	5.1	Purpose of this Part
Division 1 
How Information Is Disclosed
Subdivision 1 
Introductory Matters
	5.2	When something is relevant and material
	5.3	Modification or waiver of this Part
	5.4	Appointment of corporate representatives
Subdivision 2 
Disclosing and Identifying Relevant and Material Records
	5.5	When affidavit of records must be served
	5.6	Form and contents of affidavit of records
	5.7	Producible records
	5.8	Records for which there is an objection to produce
	5.9	Who makes affidavit of records
	5.10	Subsequent disclosure of records
	5.11	Order for record to be produced
	5.12	Penalty for not serving affidavit of records
	5.13	Obtaining records from others
	5.14	Inspection and copying of records
	5.15	Admissions of authenticity of records
	5.16	Undisclosed records not to be used without permission
Subdivision 3 
Questions to Discover Relevant and Material Records and 
Relevant and Material Information
	5.17	People who may be questioned
	5.18	Persons providing services to corporation
	5.19	Limit or cancellation of questioning
	5.20	When questioning is to take place
	5.21	Appointment for questioning
	5.22	Questioning options
	5.23	Preparation for questioning
	5.24	Oral and written questioning limitations
	5.25	Appropriate questions and objections
	5.26	Transcript of oral questioning
	5.27	Continuing duty to disclose
	5.28	Written questions
	5.29	Acknowledgment of corporate witness's evidence
	5.30	Undertakings
	5.31	Use of transcript and answers to written questions
	5.32	When information may be used
	5.33	Confidentiality and use of information
Division 2 
Experts and Expert Reports
	5.34	Service of expert's report
	5.35	Sequence of exchange of experts' reports
	5.36	Objection to expert's report
	5.37	Questioning experts before trial
	5.38	Continuing obligation on expert
	5.39	Use of expert's report at trial without expert
	5.40	Expert's attendance at trial
Division 3 
Medical Examinations by Health Care Professionals
	5.41	Medical examinations
	5.42	Options during medical examination
	5.43	Payment of costs of medical examinations
	5.44	Conduct of examination
Part 6 
Resolving Issues and Preserving Rights
Division 1 
Applications to the Court
	6.1	What this Division applies to
	6.2	Application to the Court to exercise its authority
Subdivision 1 
Application Process Generally
	6.3	Applications generally
	6.4	Applications without notice
Subdivision 2 
Application in Foreclosure Action
	6.5	Notice of application in foreclosure action
Subdivision 3 
Responses, Replies and Decisions on Applications
	6.6	Response and reply to application
	6.7	Questioning on affidavit in support, response and reply to 
application
	6.8	Questioning witness before hearing
	6.9	How the Court considers applications
	6.10	Electronic hearing
	6.11	Evidence at application hearings
	6.12	If person does not get notice of application
	6.13	Recording hearings when only one party present
Subdivision 4 
Appeal from Master's Judgment or Order
	6.14	Appeal from master's judgment or order
Subdivision 5 
Procedure for Questioning
	6.15	Appointment for questioning under this Part
	6.16	Contents of notice of appointment 
	6.17	Payment of allowance
	6.18	Lawyer's responsibilities
	6.19	Interpreter
	6.20	Form of questioning and transcript
Division 2 
Preserving Evidence and Obtaining Evidence Outside Alberta 
	6.21	Preserving evidence for future use
	6.22	Obtaining evidence outside Alberta
	6.23	Duties of person authorized to take evidence
	6.24	Assistance to judicial authorities outside Alberta
Division 3 
Preserving and Protecting Property or its Value and Inspection 
of Property
	6.25	Preserving or protecting property or its value
	6.26	Inspection or examination of property
	6.27	Notice before disposing of anything held by the Court
Division 4 
Restriction on Media Reporting and Public Access to Court 
Proceedings
	6.28	Application of this Division
	6.29	Restricted court access applications and orders
	6.30	When restricted court access application may be filed
	6.31	Timing of application and service
	6.32	Notice to media
	6.33	Judge assigned to application
	6.34	Application to seal or unseal court files
	6.35	Persons having standing at application
	6.36	Confidentiality of information
Division 5 
Facilitating Proceedings
	6.37	Notice to admit
	6.38	Requiring attendance for questioning
	6.39	Order to produce prisoner
Division 6 
Resources to Assist the Court
Subdivision 1 
Court Experts
	6.40	Appointment of court expert
	6.41	Instructions or questions to court expert
	6.42	Application to question court expert
	6.43	Costs of court expert
Subdivision 2 
Referees
	6.44	Persons who are referees
	6.45	References to referee
	6.46	Referee's report
Division 7 
Court-appointed Receiver
	6.47	Court-appointed receiver
Division 8 
Replevin
	6.48	Application of this Division
	6.49	Application for replevin order
	6.50	Replevin order
	6.51	Enforcement of replevin order
	6.52	Respondent may apply for remedy
	6.53	Expiry of replevin order
Division 9 
Interpleader
	6.54	Definitions
	6.55	Nature of application for interpleader order
	6.56	Application for interpleader order
	6.57	Interpleader applicant not disentitled
	6.58	Interpleader order
	6.59	Civil enforcement agency application
	6.60	Several claims combined
	6.61	Enforcement from different courts
	6.62	Claim by third person
	6.63	Notice by civil enforcement agency
	6.64	Security interest
	6.65	Expeditious sale
Part 7 
Resolving Claims Without Full Trial
Division 1 
Trial of Particular Questions or Issues
	7.1	Application to resolve particular questions or issues
Division 2 
Summary Judgment
	7.2	Application for judgment
	7.3	Application and decision
	7.4	Proceedings after summary judgment against party
Division 3 
Summary Trials
	7.5	Application for judgment by way of summary trial
	7.6	Response to application
	7.7	Application of other rules
	7.8	Objection to application for judgment by way of summary trial
	7.9	Decision after summary trial
	7.10	Judge remains seized of action
	7.11	Order for trial
Part 8 
Trial
Division 1 
Mode of Trial
	8.1	Trial without jury
	8.2	Request for jury trial
	8.3	Deposit for jury
Division 2 
Scheduling of Trial Dates
	8.4	Trial date:  scheduled by court clerk
	8.5	Trial date:  scheduled by the Court
	8.6	Notice of trial date
	8.7	Confirmation of trial date
Division 3 
Attendance of Witnesses at Trial
	8.8	Notice to attend as witness at trial
	8.9	Requiring attendance of witnesses
Division 4 
Procedure at Trial
	8.10	Order of presentation
	8.11	Absence of witnesses at trial
	8.12	Exclusion of witnesses
	8.13	No communication with excluded witnesses
	8.14	Unavailable or unwilling witness
	8.15	Notice of persons not intended to be called as witnesses
	8.16	Number of experts
	8.17	Proving facts
	8.18	Trial conducted by electronic hearing
	8.19	Use of trial evidence in subsequent proceedings
	8.20	Application for dismissal at close of plaintiff's case
	8.21	Retrials
	8.22	Continuing trial without jury
	8.23	Judgment after jury trial
	8.24	Accidents and mistakes
Part 9 
Judgments and Orders
Division 1 
Preparation and Entry of Judgments and Orders
	9.1	Form of judgments and orders
	9.2	Preparation of judgments and orders
	9.3	Dispute over contents of judgment or order
	9.4	Signing judgments and orders
	9.5	Entry of judgments and orders
	9.6	Effective date of judgments and orders
	9.7	Certified copies
	9.8	Service of judgments and orders
Division 2 
Determination of Damages, Judgment in Counterclaims and 
Judgment Against Beneficiaries
	9.9	Determining damages
	9.10	Judgment for balance on counterclaim
	9.11	Judgment against beneficiaries
Division 3 
Corrections, Further Orders, Setting Aside, Varying and 
Discharging Judgments and Orders
	9.12	Correcting mistakes or errors
	9.13	Re-opening case
	9.14	Further or other order after judgment or order entered
	9.15	Setting aside, varying and discharging judgments and orders
	9.16	By whom applications are to be decided
Division 4 
Enforcement of Judgments and Orders
	9.17	Enforcement:  orders for payment and judgments for payment into 
Court
	9.18	Judgments and orders subject to conditions
	9.19	Persons who are not parties
	9.20	Time writ remains in force
	9.21	Application for new judgment or order
	9.22	Application that judgment or order has been satisfied
	9.23	Enforcement against partners' and partnership property
	9.24	Fraudulent preferences and fraudulent conveyances
	9.25	Order of possession of land
	9.26	Authority to evict occupants
	9.27	Removal, storage and sale of personal property
	9.28	Abandoned goods
	9.29	Questioning person to assist in enforcement
Division 5 
Foreclosure Actions
	9.30	When affidavit of value must be filed
	9.31	Other material to be filed
	9.32	Offer for sale of secured property
	9.33	Sale to plaintiff
	9.34	Order confirming sale
	9.35	Checking calculations:  assessment of costs and corrections
	9.36	Service of certified bill of costs
Division 6 
Sale and Disposition of Land Other than by Foreclosure Action
	9.37	Application of this Division
	9.38	Sale and disposition of land
	9.39	Terms, conditions and limitations on orders
Division 7 
Reciprocal Enforcement of United Kingdom Judgments
	9.40	Definitions
	9.41	Scope
	9.42	Application to Court
	9.43	Affidavit in support of application for order to register convention 
judgment
	9.44	When application may be filed without notice
	9.45	Order to register convention judgment
	9.46	Convention judgment debtor's application to set aside
	9.47	Convention judgment creditor's appeal
	9.48	Appeal when order is made on notice
	9.49	Factors to be considered
Division 8 
Registration of Judgments under Reciprocal Enforcement of 
Judgments Act
	9.50	Originating application to register judgment from reciprocating 
jurisdiction
	9.51	Notice of registration
Part 10 
Lawyers' Charges, Recoverable Costs of Litigation, and 
Sanctions
Division 1 
Lawyers' Charges, Retainer Agreements and Right of Review
	10.1	Definitions
Subdivision 1 
Lawyers' Charges
	10.2	Payment for lawyer's services and contents of lawyer's account
	10.3	Lawyer acting in representative capacity
	10.4	Charging order for payment of lawyer's charges
Subdivision 2 
Retainer Agreements
	10.5	Retainer agreements
	10.6	Void provisions
Subdivision 3 
Contingency Fee Agreements
	10.7	Contingency fee agreement requirements
	10.8	Lawyer's non-compliance with contingency fee agreement
Subdivision 4 
Right of Review
	10.9	Reasonableness of retainer agreements and charges subject to 
review
	10.10	Time limitation on reviewing retainer agreements and charges
	10.11	Who may request review of lawyer's charges
	10.12	Location of review
	10.13	Appointment for review
	10.14	Client-obtained appointment:  lawyer's responsibility
	10.15	Retainer agreement confidentiality
	10.16	Absence of person at appointment for review
	10.17	Review officer's authority
	10.18	Reference to Court
	10.19	Review officer's decision
	10.20	Enforcement of review officer's decision
	10.21	Repayment of charges
	10.22	Action for payment of lawyer's charges
	10.23	Costs of review
	10.24	Reviewing lawyer's charges:  incomplete services and particular 
events
	10.25	Order to return records
Subdivision 5 
Appeal from Review Officer's Decision
	10.26	Appeal to judge
	10.27	Decision of judge
Division 2 
Recoverable Costs of Litigation
Subdivision 1 
General Rule, Considerations and Court Authority
	10.28	Definition of "party"
	10.29	General rule for payment of litigation costs
	10.30	When costs award may be made
	10.31	Court-ordered costs award
	10.32	Costs in class proceeding
	10.33	Court considerations in making costs award
	10.34	Court-ordered assessment of costs
Subdivision 2 
Assessment of Costs by Assessment Officer
	10.35	Preparation of bill of costs
	10.36	Assessment of bill of costs
	10.37	Appointment for assessment
	10.38	Assessment officer's authority
	10.39	Reference to Court
	10.40	Absence of person served with notice of appointment for 
assessment
	10.41	Assessment officer's decision
	10.42	Actions within Provincial Court jurisdiction
	10.43	Certification of costs payable
Subdivision 3 
Appeal from Assessment Officer's Decision
	10.44	Appeal to judge
	10.45	Decision of the judge
Division 3 
Other Matters Related to Lawyers' Charges and Litigation 
Costs
	10.46	Review and assessment under enactments
	10.47	Liability of litigation representative for costs
	10.48	Recovery of goods and services tax
Division 4 
Sanctions
Subdivision 1 
Penalty
	10.49	Penalty for contravening rules
	10.50	Costs imposed on lawyer
Subdivision 2 
Civil Contempt of Court
	10.51	Order to appear
	10.52	Declaration of civil contempt
	10.53	Punishment for civil contempt of Court
Division 5 
Medical Examination
	10.54	Mental disorder
Division 6 
Inherent Jurisdiction
	10.55	Inherent jurisdiction
Part 11 
Service of Documents
Division 1 
General Provisions
	11.1	Service of original documents and copies
	11.2	Service not invalid
Division 2 
Service of Commencement Documents in Alberta
	11.3	Agreement between parties
	11.4	Methods of service in Alberta
	11.5	Service on individuals
	11.6	Service on trustees and personal representatives
	11.7	Service on litigation representatives
	11.8	Missing persons
	11.9	Service on corporations
	11.10	Service on limited partnerships
	11.11	Service on partnerships other than limited partnerships
	11.12	Service on individuals using another name
	11.13	Service on a corporation using another name
	11.14	Service on statutory and other entities
	11.15	Service on person providing an address for service
	11.16	Service on lawyer
	11.17	Service on lawyer of record
	11.18	Service on self-represented litigants
	11.19	Service on business representatives of absent parties
Division 3 
Service of Documents, Other than Commencement Documents, 
in Alberta
	11.20	Service of documents, other than commencement documents, in 
Alberta
	11.21	Service by electronic method
	11.22	Recorded mail service
Division 4 
Service of Documents, Other than Commencement Documents, 
in Foreclosure Actions
	11.23	Additional service options in foreclosure actions
	11.24	Notice of address for service in foreclosure actions
Division 5 
Service of Documents Outside Alberta
	11.25	Real and substantial connection
	11.26	Methods of service outside Alberta
Division 6 
Validating, Substituting, Dispensing with and Setting Aside 
Service
	11.27	Validating service
	11.28	Substitutional service
	11.29	Dispensing with service
	11.30	Proving service of documents
	11.31	Setting aside service
Division 7 
Service of Foreign Process
	11.32	Procedure for service
Part 12 
Family Law Rules
Division 1 
Foundational Rules
	12.1	Definitions
	12.2	What this Part applies to
	12.3	Application of other Parts
	12.4	Forms
Division 2 
The Parties to Litigation
	12.5	Requirement that parties be spouses
	12.6	Exception to rule 2.11(a)
Division 3 
Court Actions
Subdivision 1 
Actions Relating to Proceedings Under the Divorce Act 
(Canada) and Proceedings Under the Matrimonial Property Act
	12.7	Starting proceeding under Divorce Act (Canada)
	12.8	Starting proceeding under Matrimonial Property Act
	12.9	Starting combined proceeding
	12.10	Action for unjust enrichment
	12.11	Statement of defence, counterclaim and demand for notice
	12.12	Time for service of documents filed under rule 12.11
	12.13	Joint proceeding under Divorce Act (Canada)
	12.14	Transfer of divorce proceedings under Divorce Act (Canada) from 
court outside Alberta
	12.15	Central Divorce Registry
Subdivision 2 
Actions Relating to Proceedings Under the Family Law Act
	12.16	Starting proceeding under Family Law Act
	12.17	Service of documents filed under rule 12.16
	12.18	Response to proceeding under Family Law Act
	12.19	Service of documents filed under rule 12.18
	12.20	Response to respondent's request for additional order
	12.21	Service of documents filed under rule 12.20
	12.22	New evidence
	12.23	Questioning on statement, reply statement or affidavit
	12.24	Certificate of lawyer
Subdivision 3 
Actions Commenced by Originating Application
	12.25	Exception to rule 3.13(5)
	12.26	Application respecting order made by court outside Alberta under 
Divorce Act (Canada)
	12.27	Applications under Extra-provincial Enforcement of Custody Orders 
Act
Subdivision 4 
Actions Relating to Proceedings Under the Protection Against 
Family Violence Act
	12.28	Application of Part 3, Division 2
	12.29	Affidavit of evidence for review
	12.30	Application for Queen's Bench protection order
	12.31	Alternative to affidavit
	12.32	Actual notice of protection order
Subdivision 5 
Actions Relating to Restraining Orders
	12.33	Application for restraining order
Division 4 
Managing Litigation
	12.34	Application of Part 4
	12.35	Operation of rule 4.34 under this Part
	12.36	Advance payment of costs
Division 5 
Disclosure of Information
	12.37	Application of Part 5
	12.38	Affidavit of records
	12.39	Oral and written questioning
	12.40	Written interrogatories
	12.41	Notice to disclose documents
	12.42	Request for financial information
Division 6 
Resolving Issues and Preserving Rights
	12.43	Application of Part 6, Division 1
	12.44	Application within course of proceeding
	12.45	Application after order or judgment under Divorce Act (Canada)
	12.46	Provisional order to vary a support order under Divorce Act 
(Canada)
	12.47	Confirmation hearing
Division 7 
Resolving Claims Without Full Trial
	12.48	Availability of application for summary judgment
	12.49	Evidence in summary trials
	12.50	Divorce without appearance by parties or counsel
Division 8 
Trial
	12.51	Appearance before the Court
Division 9 
Judgments and Orders
	12.52	Enforcement of order made by court outside Alberta under Divorce 
Act (Canada)
	12.53	Form of orders
	12.54	Certificate of divorce
Division 10 
Service of Documents
	12.55	Service of documents
	12.56	Address for service
	12.57	Proof of service
	12.58	Rules that do not apply
Division 11 
Appeals
Subdivision 1 
Appeal from Divorce Judgment
	12.59	Appeal from divorce judgment
Subdivision 2 
Appeals Under the Family Law Act
	12.60	Appeal from decision of Court of Queen's Bench sitting as original 
court
	12.61	Appeal from Provincial Court order to Court of Queen's Bench
	12.62	Duty of court clerks
	12.63	Transcript
	12.64	Filing of affidavits of service
	12.65	Non-compliance by appellant
	12.66	Speaking to list
	12.67	Scheduling appeal
	12.68	Evidence
	12.69	Appeal memoranda
	12.70	Powers of Court on appeal
	12.71	Appeal from decision of Court of Queen's Bench sitting as appeal 
court
Part 13 
Technical Rules
Division 1 
Judge Unable to Continue
	13.1	When one judge may act in place of or replace another
Division 2 
Calculating Time
	13.2	Application of these rules for calculating time
	13.3	Counting days
	13.4	Counting months and years
	13.5	Variation of time periods
Division 3 
Pleadings
	13.6	Pleadings:  general requirements
	13.7	Pleadings:  other requirements
	13.8	Pleadings:  other contents
	13.9	Defence of tender
	13.10	Pleadings:  specific requirements for replies
	13.11	Pleadings:  specific requirements for class proceedings
	13.12	Pleadings:  denial of facts
Division 4 
Filed Documents
Subdivision 1 
Contents and Filing
	13.13	Requirements for all filed documents
	13.14	Endorsements on documents
	13.15	When document is filed
	13.16	Deviations from and changes to prescribed forms
	13.17	Amendments to records other than commencement documents, 
pleadings or affidavits
Subdivision 2 
Form and Contents of Affidavits and Exhibits
	13.18	Types of affidavit
	13.19	Requirements for affidavits
	13.20	Changes in affidavits
	13.21	Requirements for exhibits to affidavit
	13.22	Affidavits by visually impaired or those unable to read
	13.23	Understanding affidavit
	13.24	More than one individual swearing affidavit
	13.25	Use of filed affidavits
	13.26	Exhibits:  filing and return
Subdivision 3 
Lost and Concurrent Documents, Certified Copies, 
Authenticated Photographs and Video Recordings
	13.27	Lost documents
	13.28	Concurrent document
	13.29	Certified copies of original records
	13.30	Authenticated photographs of personal property
	13.31	Video recordings in place of transcripts
Division 5 
Payment of Fees and Allowances, and Waivers of Fees
	13.32	Fees and allowances
	13.33	Uncertainty of amount of fees and allowances
	13.34	Fee accounts
	13.35	Fee exemption
	13.36	Fee waiver:  legal aid
	13.37	Fee waiver:  restraining orders
Division 6 
Judge's Fiat, Court Officers and Court Reporters
	13.38	Judge's fiat
	13.39	Court officers
	13.40	Court officers may delegate authority
	13.41	Authority of court clerk
	13.42	Absence of court clerk
	13.43	Seal
	13.44	Duties of court clerk
	13.45	Notice to be given to court officers
	13.46	Official court reporters
	13.47	Proof of official court reporter's signature not required
Division 7 
Payment into Court and Payment out of Court
	13.48	When money may be paid into Court
	13.49	How money is paid into Court
	13.50	Tender on judicial sale
	13.51	Litigant's account
	13.52	Payments into Court under Trustee Act
	13.53	Payments out of Court
	13.54	Investments and payment earnings
	13.55	Disposition of money in accounts
Part 14 
Appeals
	14.1	Application
Part 15 
Transitional Provisions and Coming Into Force
	15.1	Definitions
	15.2	New rules apply to existing proceedings
	15.3	Dispute resolution requirements
	15.4	Dismissal for long delay:  bridging provision
	15.5	Contingency fee agreements
	15.6	Resolution of difficulty or doubt
	15.7	Filing of orders or judgments
	15.8	Increased or decreased time limits
	15.9	Time limit under these rules
	15.10	Time runs from different event
	15.11	Formal offer to settle
	15.12	New test or criteria
	15.13	Place of existing proceeding
	15.14	Repeal
	15.15	Coming into force 
 
Schedules 
Appendix
Part 1 
Foundational Rules
Division 1 
Purpose and Intention of These Rules
What these rules do
1.1(1)  These rules govern the practice and procedure in
	(a)	the Court of Queen's Bench of Alberta, and
	(b)	the Court of Appeal of Alberta.
(2)  These rules also govern all persons who come to the Court for 
resolution of a claim, whether the person is a self-represented litigant 
or is represented by a lawyer.
Purpose and intention of these rules
1.2(1)  The purpose of these rules is to provide a means by which 
claims can be fairly and justly resolved in or by a court process in a 
timely and cost-effective way.
(2)  In particular, these rules are intended to be used
	(a)	to identify the real issues in dispute,
	(b)	to facilitate the quickest means of resolving a claim at the 
least expense,
	(c)	to encourage the parties to resolve the claim themselves, by 
agreement, with or without assistance, as early in the process 
as practicable,
	(d)	to oblige the parties to communicate honestly, openly and in 
a timely way, and
	(e)	to provide an effective, efficient and credible system of 
remedies and sanctions to enforce these rules and orders and 
judgments.
(3)  To achieve the purpose and intention of these rules the parties 
must, jointly and individually during an action,
	(a)	identify or make an application to identify the real issues in 
dispute and facilitate the quickest means of resolving the 
claim at the least expense,
	(b)	periodically evaluate dispute resolution process alternatives 
to a full trial, with or without assistance from the Court,
	(c)	refrain from filing applications or taking proceedings that do 
not further the purpose and intention of these rules, and
	(d)	when using publicly funded Court resources, use them 
effectively.
(4)  The intention of these rules is that the Court, when exercising a 
discretion to grant a remedy or impose a sanction, will grant or impose 
a remedy or sanction proportional to the reason for granting or 
imposing it.
Division 2 
Authority of the Court
General authority of the Court to provide remedies
1.3(1)  The Court may do either or both of the following:
	(a)	give any relief or remedy described or referred to in the 
Judicature Act;
	(b)	give any relief or remedy described or referred to in or under 
these rules or any enactment.
(2)  A remedy may be granted by the Court whether or not it is claimed 
or sought in an action.
Procedural orders
1.4(1)  To implement and advance the purpose and intention of these 
rules described in rule 1.2 the Court may, subject to any specific 
provision of these rules, make any order with respect to practice or 
procedure, or both, in an action, application or proceeding before the 
Court.
(2)  Without limiting subrule (1), and in addition to any specific 
authority the Court has under these rules, the Court may, unless 
specifically limited by these rules, do one or more of the following:
	(a)	grant, refuse or dismiss an application or proceeding;
	(b)	set aside any process exercised or purportedly exercised 
under these rules that is
	(i)	contrary to law,
	(ii)	an abuse of process, or
	(iii)	for an improper purpose;
	(c)	give orders or directions or make a ruling with respect to an 
action, application or proceeding, or a related matter;
	(d)	make a ruling with respect to how or if these rules apply in 
particular circumstances or to the operation, practice or 
procedure under these rules;
	(e)	impose terms, conditions and time limits;
	(f)	give consent, permission or approval;
	(g)	give advice, including making proposals, providing guidance, 
making suggestions and making recommendations;
	(h)	adjourn or stay all or any part of an action, application or 
proceeding, extend the time for doing anything in the 
proceeding, or stay the effect of a judgment or order;
	(i)	determine whether a judge is or is not seized with an action, 
application or proceeding;
	(j)	include any information in a judgment or order that the Court 
considers necessary.
(3)  A decision of the Court affecting practice or procedure in an 
action, application or proceeding that is not a written order, direction 
or ruling must be
	(a)	recorded in the court file of the action by the court clerk, or
	(b)	endorsed by the court clerk on a commencement document, 
filed pleading or filed document or on a document to be filed.
Rule contravention, non-compliance and irregularities
1.5(1)  If a person contravenes or does not comply with these rules, or 
if there is an irregularity in a commencement document, pleading, 
document, affidavit or prescribed form, a party may apply to the Court
	(a)	to cure the contravention, non-compliance or irregularity, or
	(b)	to set aside an act, application, proceeding or other thing 
because of prejudice to that party arising from the 
contravention, non-compliance or irregularity.
(2)  An application under this rule must be filed within a reasonable 
time after the applicant becomes aware of the contravention, 
non-compliance or irregularity.
(3)  An application under this rule may not be filed by a party who 
alleges prejudice as a result of the contravention, non-compliance or 
irregularity if that party has taken a further step in the action knowing 
of the prejudice.
(4)  The Court must not cure any contravention, non-compliance or 
irregularity unless
	(a)	to do so will cause no irreparable harm to any party,
	(b)	in doing so the Court imposes terms or conditions that will
	(i)	eliminate or ameliorate any reparable harm, or
	(ii)	prevent the recurrence of the contravention, 
non-compliance or irregularity,
	(c)	in doing so the Court imposes a suitable sanction, if any, for 
the contravention, non-compliance or irregularity, and
	(d)	it is in the overall interests of justice to cure the 
contravention, non-compliance or irregularity.
(5)  The Court must not cure any contravention, non-compliance or 
irregularity if to do so would have the effect of extending a time period 
that the Court is prohibited from extending.
(6)  If an order is made under this rule, the Court may also impose a 
penalty under rule 10.49.
Changes to these rules
1.6(1)  The judges of the Court of Queen's Bench and the Court of 
Appeal may alter and amend any of these rules or make additional 
rules.
(2)  The Rules of Court Committee under the Judicature Act is, for the 
assistance of readers of these rules, authorized to delete, amend or 
create new information notes or overview summaries, or both.
Division 3 
Interpreting These Rules
Interpreting these rules
1.7(1)  The meaning of these rules is to be ascertained from their text, 
in light of the purpose and intention of these rules, and in the context in 
which a particular rule appears.
(2)  These rules may be applied by analogy to any matter arising that is 
not dealt with in these rules.
(3)  Headings in these rules may be considered in ascertaining the 
meaning of these rules.
Interpretation Act
1.8   The Interpretation Act applies to these rules except
	(a)	sections 10 and 12 of the Interpretation Act, which do not 
apply to these rules,
	(b)	section 22(3) to (8) of the Interpretation Act, which do not 
apply to these rules,
	(c)	section 23 of the Interpretation Act, which does not apply to 
service of documents under these rules, and
	(d)	section 26(1) of the Interpretation Act, which does not apply 
to these rules.
Conflicts and inconsistencies with enactments
1.9   Except as expressly provided, if there is a conflict or 
inconsistency between these rules and an enactment, the enactment 
prevails to the extent of the conflict or inconsistency.
Where definitions are located
1.10   Definitions of terms for the purposes of these rules are set out in 
the Appendix.
Part 2 
The Parties to Litigation
Division 1 
Facilitating Legal Actions
Actions by or against personal representatives and trustees
2.1   An action may be brought by or against a personal representative 
or trustee without naming any of the persons beneficially interested in 
the estate or trust.
Actions by or against partners and partnerships
2.2(1)  An action by or against 2 or more persons as partners may be 
brought using the name of the partnership.
(2)  Subrule (1) also applies to an action between partnerships having 
one or more partners in common.
Suing individual partners
2.3(1)  In an action against a partnership in the partnership name, if a 
party intends to enforce a judgment or order personally against a 
partner, the party must serve the partner with
	(a)	the commencement document, and
	(b)	a notice stating that the person was a partner at a time 
specified in the notice.
(2)  The person served is presumed to have been a partner at the time 
specified in the notice unless the person defends the claim separately 
by denying that the person was a partner at the specified time.
(3)  An individual partner whether or not served with a notice under 
this rule may defend the action separately from the partnership.
Disclosure of partners
2.4(1)  If an action is brought by or against a partnership in the 
partnership name, any other party may serve a notice to disclose 
requiring the partnership to disclose in writing the names of all the 
partners constituting the partnership at a time specified in the notice, 
and their current addresses.
(2)  The partnership must comply with or dispute the notice to disclose 
within 10 days after service of the notice on the partnership.
(3)  If the partnership disputes the relevance of the time specified in the 
notice to disclose, the partnership may apply to the Court to determine 
the matter, in which case the onus is on the partnership to show why 
the information should not be disclosed.
(4)  If the present address of a partner is unknown, the partnership 
must disclose the last known address of the partner.
Actions by and against sole proprietors
2.5(1)  If a person carries on business or operates as a sole proprietor 
under a name other than the person's name, the person may bring or be 
the subject of an action in that name.
(2)  If an action is brought by or against a person in the person's 
business or operating name, a party may serve a notice requiring the 
person to disclose, in writing, the legal name of the person carrying on 
the business or operation.
(3)  The person on whom the notice to disclose is served must comply 
with it within 10 days after the date the notice is served.
Representative actions
2.6(1)  If numerous persons have a common interest in the subject of 
an intended claim, one or more of those persons may make or be the 
subject of a claim or may be authorized by the Court to defend on 
behalf of or for the benefit of all.
(2)  If a certification order is obtained under the Class Proceedings 
Act, an action referred to in subrule (1) may be continued under that 
Act.
Amendments to pleadings in class proceedings
2.7   After a certification order is made under the Class Proceedings 
Act, a party may amend a pleading only with the Court's permission.
Questioning of class and subclass members
2.8(1)  If under section 18(2) of the Class Proceedings Act the Court 
requires a class member or subclass member to file and serve an 
affidavit of records, the Court may do either or both of the following:
	(a)	limit the purpose and scope of the records to be produced and 
of questioning;
	(b)	determine how the evidence obtained may be used.
(2)  If a class member or subclass member is questioned under section 
18(2) of the Class Proceedings Act, the Court may do either or both of 
the following:
	(a)	limit the purpose and scope of the questioning;
	(b)	determine how the evidence obtained may be used.
Class proceedings practice and procedure
2.9   Despite any other provision of these rules, the Court may order 
any practice and procedure it considers appropriate for a class 
proceeding under the Class Proceedings Act to achieve the objects of 
that Act.
Intervenor status
2.10   On application, a Court may grant status to a person to 
intervene in an action subject to any terms and conditions and with the 
rights and privileges specified by the Court.
Division 2 
Litigation Representatives
Litigation representative required
2.11   The following individuals or estates must have a litigation 
representative to bring or defend an action or to continue or to 
participate in an action, or for an action to be brought or to be 
continued against them:
	(a)	an individual under 18 years of age;
	(b)	an individual declared to be a missing person under section 7 
of the Public Trustee Act;
	(c)	an adult who, in respect of matters relating to a claim in an 
action, lacks capacity, as defined in the Adult Guardianship 
and Trusteeship Act, to make decisions;
	(d)	an individual who is a represented adult under the Adult 
Guardianship and Trusteeship Act in respect of whom no 
person is appointed to make a decision about a claim;
	(e)	an estate for which no personal representative has obtained a 
grant under the Surrogate Rules (AR 130/95) and that has an 
interest in a claim or intended claim.
Types of litigation representatives and service of documents
2.12(1)  There are 3 types of litigation representatives under these 
rules:
	(a)	an automatic litigation representative described in rule 2.13;
	(b)	a self-appointed litigation representative under rule 2.14;
	(c)	a Court-appointed litigation representative under rule 2.15, 
2.16 or 2.21.
(2)  Despite any other provision of these rules, if an individual has a 
litigation representative in an action,
	(a)	service of a document that would otherwise be required to be 
effected on the individual must be effected on the litigation 
representative, and
	(b)	service of a document on the individual for whom the 
litigation representative is appointed is ineffective.
Automatic litigation representatives
2.13   A person is a litigation representative under these rules if the 
person has authority to commence, compromise, settle or defend a 
claim on behalf of an individual or an estate under any of the 
following:
	(a)	an enactment;
	(b)	an instrument authorized by an enactment;
	(c)	an order authorized under an enactment;
	(d)	a grant or an order under the Surrogate Rules (AR 130/95);
	(e)	an instrument, other than a will, made by a person, including, 
without limitation, a power of attorney or a trust.
Self-appointed litigation representatives
2.14(1)  If an individual or estate who is required to have a litigation 
representative under rule 2.11 does not have one, an interested person
	(a)	may file an affidavit in Form 1 containing the information 
described in subrule (2), and by doing so becomes the 
litigation representative for that individual or estate, and
	(b)	where an interested person has become the litigation 
representative under clause (a) for an estate, the interested 
person must serve notice of the appointment in Form 2 on the 
beneficiaries and heirs at law of the deceased.
(2)  The affidavit must include
	(a)	the interested person's agreement in writing to be the 
litigation representative,
	(b)	the reason for the self-appointment,
	(c)	the relationship between the litigation representative and the 
individual or estate the litigation representative will 
represent,
	(d)	a statement that the litigation representative has no interest in 
the action adverse in interest to the party the litigation 
representative will represent,
	(e)	if the litigation representative is an individual, a statement 
that the litigation representative is a resident of Alberta, 
	(f)	if the litigation representative is a corporation, the place of 
business or activity of the corporation in Alberta, and
	(g)	an acknowledgment of potential liability for payment of a 
costs award attributable to or liable to be paid by the 
litigation representative.
(3)  If a person proposes to become a self-appointed litigation 
representative for the estate of a deceased person, the affidavit referred 
to in subrule (2) must, in addition to the matters set out in subrule (2), 
disclose any of the following matters that apply:
	(a)	whether the estate has a substantial interest in the action or 
proposed action;
	(b)	whether the litigation representative has or may have duties 
to perform in the administration of the estate of the deceased;
	(c)	whether an application has been or will be made for 
administration of the estate of the deceased;
	(d)	whether the litigation representative does or may represent 
interests adverse to any other party in the action or proposed 
action;
	(e)	that the beneficiaries and heirs at law have been served with 
notice of the appointment as required under subrule (1)(b).
(4)  A person proposing to become a self-appointed litigation 
representative has no authority to make or defend a claim or, without 
the Court's permission, to make an application or take any proceeding 
in an action, until the affidavit referred to in subrule (1)(a) is filed.
Court appointment in absence of self-appointment
2.15(1)  If an individual or estate who is required to have a litigation 
representative under rule 2.11 does not have one, an interested person 
may, or if there is no interested person, a party adverse in interest 
must, apply to the Court for directions about the appointment of a 
litigation representative for that individual or estate.
(2)  On an application under subrule (1), the Court may appoint a 
person as litigation representative.
Court-appointed litigation representatives in limited cases
2.16(1)  This rule applies to an action concerning any of the 
following:
	(a)	the administration of the estate of a deceased person;
	(b)	property subject to a trust;
	(c)	the interpretation of a written instrument;
	(d)	the interpretation of an enactment.
(2)  In an action described in subrule (1), a person or class of persons 
who is or may be interested in or affected by a claim, whether 
presently or for a future, contingent or unascertained interest, must 
have a Court-appointed litigation representative to make a claim in or 
defend an action or to continue to participate in an action, or for a 
claim in an action to be made or an action to be continued against that 
person or class of persons, if the person or class of persons meets one 
or more of the following conditions:
	(a)	the person, the class or a member of the class cannot be 
readily ascertained, or is not yet born;
	(b)	the person, the class or a member of the class, though 
ascertained, cannot be found;
	(c)	the person, the class or the members of the class can be 
ascertained and found, but the Court considers it expedient to 
make an appointment to save expense, having regard to all 
the circumstances, including the amount at stake and the 
degree of difficulty of the issue to be determined.
(3)  On application by an interested person, the Court may appoint a 
person as litigation representative for a person or class of persons to 
whom this rule applies on being satisfied that both the proposed 
appointee and the appointment are appropriate.
Lawyer appointed as litigation representative
2.17(1)  If the Court appoints a lawyer as the litigation representative 
for an individual referred to in rule 2.11(a) to (d), the Court may direct 
that the costs incurred in performing the duties of the litigation 
representative be borne by
	(a)	the parties or by one or more of them, or
	(b)	any fund in Court in which the individual for whom the 
litigation representative is appointed has an interest.
(2)  The Court may give any other direction for repayment of costs or 
for an advance payment of costs as the circumstances require.
Approval of settlement
2.18(1)  If  a settlement is proposed in an action or claim described in 
rule 2.16 and some of the persons interested in the settlement are not 
parties to the action but are persons who have the same interest as 
those who are parties to the action, and who assent to the settlement, 
the Court may approve the settlement and order that it binds the 
persons who are not parties if the Court is satisfied that
	(a)	the settlement will be for the benefit of those interested 
persons, and
	(b)	to require service on those persons would cause unreasonable 
expense or delay.
(2)  The interested persons referred to in subrule (1) are bound by the 
Court's order unless the order is obtained by fraud or by 
non-disclosure of important facts.
Court approval of settlement, discontinuance, and abandonment of 
actions
2.19   Unless a litigation representative has express authority under an 
instrument, order or enactment to settle, discontinue or abandon an 
action, the litigation representative may do so only with the Court's 
approval.
Money received by litigation representative
2.20(1)  If as a result of an action a litigation representative receives 
money, other than under a costs award, that money must be paid into 
Court unless the Court otherwise orders or an enactment or instrument 
otherwise provides.
(2)  A payment made to a litigation representative on account of 
money due to a party represented by the litigation representative, other 
than under a costs award, is not a valid discharge as against that party 
unless otherwise provided by an instrument, order or enactment.
Litigation representative:  termination, replacement, terms and conditions
2.21   The Court may do one or more of the following:
	(a)	terminate the authority or appointment of a litigation 
representative;
	(b)	appoint a person as or replace a litigation representative;
	(c)	impose terms and conditions on, or on the appointment of, a 
litigation representative or cancel or vary the terms or 
conditions.
Division 3 
Representation or Assistance  
Before the Court
Self-represented litigants
2.22  Individuals may represent themselves in an action unless these 
rules otherwise provide.
Assistance before the Court
2.23(1)  The Court may permit a person to assist a party before the 
Court in any manner and on any terms and conditions the Court 
considers appropriate.
(2)  Without limiting subrule (1), assistance may take the form of
	(a)	quiet suggestions,
	(b)	note-taking,
	(c)	support, or
	(d)	addressing the particular needs of a party.
(3)  Despite subrule (1), no assistance may be permitted
	(a)	that would contravene section 106(1) of the Legal Profession 
Act,
	(b)	if the assistance would or might be disruptive, or
	(c)	if the assistance would not meet the purpose and intention of 
these rules.
Division 4 
Lawyer of Record
Lawyer of record
2.24(1)  The lawyer or firm of lawyers whose name appears on a 
commencement document, pleading, affidavit or other document filed 
or served in an action as acting for a party is a lawyer of record for that 
party.
(2)  When there is a lawyer of record, the party for whom the lawyer of 
record acts may not self-represent unless the Court permits.
(3)  A lawyer of record remains a lawyer of record until the lawyer 
ceases to be a lawyer of record under these rules.
Duties of lawyer of record
2.25(1)  The duties of a lawyer of record include:
	(a)	to conduct the action in a manner that furthers the purpose 
and intention of these rules described in rule 1.2;
	(b)	to continue to act as lawyer of record while the lawyer is 
recorded in that capacity.
(2)  On application, the Court may direct a lawyer of record to disclose 
the address of the party for whom the lawyer acts.
Verifying lawyer of record
2.26(1)  If a person who is served with a commencement document, 
pleading or other document asks a lawyer or firm of lawyers if the 
lawyer or firm is a lawyer of record in an action, application or 
proceeding, the lawyer must respond to the question in writing as soon 
as practicable.
(2)  If a lawyer or firm of lawyers whose name appears as a lawyer of 
record in an action denies being the lawyer of record,
	(a)	every application and proceeding in the action is stayed, and
	(b)	no further application, proceeding or step may be taken in the 
action without the Court's permission.
Retaining lawyer for limited purposes
2.27(1)  If a self-represented litigant or a lawyer of record retains a 
lawyer to appear before the Court for a particular purpose, the lawyer 
appearing must inform the Court of the nature of the appearance, either
	(a)	orally, or
	(b)	before the appearance, by filing the terms of the retainer.
(2)  If a self-represented litigant retains a lawyer for a particular 
purpose, the litigant must attend the application or proceeding for 
which the lawyer is retained unless the Court otherwise permits.
Change in lawyer of record or self-representation
2.28(1)  A party may change the party's lawyer of record or may self-
represent by
	(a)	serving a notice of the change in Form 3 on every other party 
and on the lawyer or former lawyer of record, and
	(b)	filing an affidavit of service of the notice.
(2)  A self-represented litigant who retains a lawyer to act on the 
litigant's behalf must serve on every other party a notice to that effect 
naming the lawyer of record.
(3)  The notice must include an address for service.
(4)  The notice is not required to be served on
	(a)	a party noted in default, or
	(b)	a party against whom default judgment has been entered.
Withdrawal of lawyer of record
2.29(1)  Subject to rule 2.31, a lawyer or firm of lawyers may 
withdraw as lawyer of record by
	(a)	serving on the client and each of the other parties a notice of 
withdrawal in Form 4 that states
	(i)	the client's last known address, and
	(ii)	that on the expiry of 10 days after the date on which the 
affidavit of service of the notice is filed, the 
withdrawing lawyer will no longer be the lawyer of 
record,
		and
	(b)	filing an affidavit of service of the notice.
(2)  The withdrawal of the lawyer of record takes effect 10 days after 
the affidavit of service of the notice is filed.
(3)  The address of the party stated in the notice of withdrawal is the 
party's address for service after the lawyer of record withdraws unless 
another address for service is provided or the Court otherwise orders.
(4)  The Court may on application order that a lawyer need not disclose 
the last known address of a client and instead may provide an 
alternative address for service for the client in a notice of withdrawal 
served under this rule where the Court considers it necessary to protect 
the safety and well-being of the client.
(5)  An application under subrule (4) may be made without notice.
Service after lawyer ceases to be lawyer of record
2.30   After a lawyer or firm of lawyers ceases to be a lawyer of 
record, no delivery of a pleading, affidavit, notice or document relating 
to the action is effective service on the former lawyer of record or at 
any address for service previously provided by the former lawyer of 
record.
Withdrawal after trial date scheduled
2.31   After a trial date is scheduled, a lawyer of record may not, 
without the Court's permission, serve a notice of withdrawal as lawyer 
of record and any notice of withdrawal that is served without the 
Court's permission has no effect.
Automatic termination of lawyer of record and resolving difficulties
2.32(1)  A lawyer or firm of lawyers ceases to be the lawyer of record 
if
	(a)	in the case of an individual lawyer,
	(i)	the lawyer dies,
	(ii)	the lawyer is suspended or disbarred from practice as a 
lawyer, or
	(iii)	the lawyer ceases to practise as a lawyer;
	(b)	in the case of a firm of lawyers, the firm dissolves.
(2)  If any of the circumstances described in subrule (1) occurs, any 
party may apply to the Court, without notice to any other party, for 
directions respecting service of documents.
(3)  The Court may
	(a)	direct the manner in which service is to be effected,
	(b)	dispense with service in accordance with rule 11.29, or
	(c)	make any other order respecting service that the 
circumstances require.
(4)  An order under this rule applies until a notice is given under rule 
2.28 or 2.29 or the Court otherwise orders.
(5)  Nothing in this rule prevents a party from serving a notice of 
change of lawyer of record or notice that the party intends to 
self-represent.
Part 3 
Court Actions
Division 1 
Court Actions and Their Venue
Rules govern Court actions
3.1   A court action for a claim may only be brought and carried on, 
applications may only be filed and proceedings may only be taken in 
accordance with these rules.
How to start an action
3.2(1)  An action may be started only by filing in the appropriate 
judicial centre determined under rule 3.3
	(a)	a statement of claim by a plaintiff against a defendant,
	(b)	an originating application by an originating applicant against 
a respondent, or
	(c)	a notice of appeal, reference or other procedure or method 
specifically authorized or permitted by an enactment.
(2)  A statement of claim must be used to start an action unless
	(a)	there is no substantial factual dispute,
	(b)	there is no person to serve as defendant,
	(c)	a decision, act or omission of a person or body is to be the 
subject of judicial review,
	(d)	an enactment authorizes or requires an application, an 
originating application, an originating notice, a notice of 
motion or a petition to be used,
	(e)	an enactment provides for a remedy, certificate, direction, 
opinion or order to be obtained from the Court without 
providing the procedure to obtain it, or
	(f)	an enactment provides for an appeal to the Court, or 
authorizes or permits a reference to the Court, or provides for 
a matter to be put before the Court, without providing the 
procedure to be used,
in which case an originating application may be used to start the 
action.
(3)  If an enactment authorizes, requires or permits an application to be 
made to the Court,
	(a)	if the application is made in an action in respect of which a 
commencement document has been filed, the application 
must be made under Part 6 unless the Court otherwise orders, 
or
	(b)	if the application is made in an action in respect of which a 
commencement document has not been filed and the 
enactment does not provide a procedure to be used, an 
originating application must be used unless the Court 
otherwise orders or these rules otherwise provide.
(4)  If an enactment authorizes, requires or permits an appeal or 
reference to be made to the Court and provides a procedure, the appeal 
or reference must be made by notice of appeal in the form prescribed 
by the enactment or, if no form is prescribed, then in a form consistent 
with the procedure.
(5)  If an enactment authorizes, requires or permits an appeal or 
reference to be made to the Court and does not provide a procedure, 
the appeal or reference must be made by originating application.
(6)  If an action that is started in one form should have been started or 
should continue in another, the Court may make any procedural order 
to correct and continue the proceeding and deal with any related 
matter.
Determining the appropriate judicial centre
3.3(1)   The appropriate judicial centre for the purpose of these rules is
	(a)	the closest judicial centre, by road, to the Alberta residences 
or Alberta places of business of all the parties, or
	(b)	if a single judicial centre cannot be determined under clause 
(a), the judicial centre that is, by road, the closest to the 
Alberta residence or Alberta place of business of one of the 
parties, that party being selected by the party starting the 
action.
(2)  If a party carries on business in more than one Alberta location, the 
place of business in Alberta of that party for the purpose of this rule is 
the place of business that is nearest to the location at which the matters 
in issue in the action arose or were transacted.
(3)  Despite subrules (1) and (2), the parties may agree on a judicial 
centre in which to start and carry on the action, in which case the 
judicial centre agreed on by the parties is the appropriate judicial 
centre unless the Court otherwise orders.
Claim for possession of land
3.4(1)  Despite rule 3.3, if possession of land is claimed in a statement 
of claim that was not filed in
	(a)	the judicial centre that is closest, by road, to the land, or
	(b)	the judicial centre that is closest, by road, to the Alberta 
residence of a defendant,
a defendant may, by making a request in Form 6, require the court 
clerk in the judicial centre in which the action is located to transfer the 
action to the judicial centre that is closest, by road, to the land or the 
Alberta residence of that defendant.
(2)  The request must
	(a)	name the judicial centre to which the action is to be 
transferred, and
	(b)	give the reason for the transfer.
(3)  The request must
	(a)	be filed before close of pleadings in the judicial centre in 
which the action is located, and
	(b)	be served on each of the other parties.
(4)  A person served under subrule (3) who wishes to object to the 
request for the transfer of the action must file an objection within 10 
days and serve it on the defendant who made the request.
(5)  If no objection has been filed and served on the defendant who 
made the request by the end of the 10-day period referred to in subrule 
(4), the defendant may confirm the request with the court clerk and the 
court clerk must transfer the action.
(6)  This rule does not apply if
	(a)	the Court has issued an order directing that the action be 
started in or transferred to a particular judicial centre,
	(b)	the parties agree that an action start in or be transferred to a 
particular judicial centre, or
	(c)	the action has already been transferred to a judicial centre by 
a request under this rule.
Transfer of action
3.5   The Court may order that an action be transferred from one 
judicial centre to another
	(a)	if the Court is satisfied that it would be unreasonable for the 
action to be carried on in the judicial centre in which it is 
located, or
	(b)	at the request of the parties.
Where an action is carried on
3.6(1)  An action must be 
	(a)	carried on in the judicial centre in which the statement of 
claim or originating application was filed, or
	(b)	if the action is transferred in accordance with rule 3.4 or rule 
3.5, continued in the judicial centre to which the action is 
transferred, and all subsequent documents in the action must 
be titled accordingly.
(2)  Despite subrule (1), an application and an originating application 
may be heard or a trial may be held in any place specified by the Court 
other than the judicial centre.
Post-judgment transfer of action
3.7(1)  After judgment or an order has been entered in a judicial 
centre, a judgment creditor, on notice to each of the other parties, may 
request a temporary transfer of the action to a different judicial centre 
for purposes of an application to enforce the judgment or order.
(2)  An order granting a temporary transfer of an action under subrule 
(1), and any order resulting from an application referred to in subrule 
(1), must be filed in the judicial centre from which the action has 
temporarily been transferred.
Division 2 
Actions Started by Originating Application
Subdivision 1 
General Rules
Originating applications and associated evidence
3.8(1)  An originating application must
	(a)	be in Form 7,
	(b)	state the claim and the basis for it,
	(c)	state the remedy sought, and
	(d)	identify the affidavit or other evidence to be used in support 
of the originating application.
(2)  If an affidavit is filed to support an originating application, the 
affidavit must be confined to
	(a)	a statement of facts within the personal knowledge of the 
person swearing the affidavit, and
	(b)	any other evidence that the person swearing the affidavit 
could give at trial.
Service of originating application and evidence
3.9   Except as otherwise provided in rule 3.15(5), an originating 
application and any affidavit and other evidence filed with the 
originating application must be served on each of the other parties 10 
days or more before the date scheduled for hearing the application.
Application of Part 4 and Part 5
3.10   Part 4 and Part 5 do not apply to an action started by originating 
application unless the parties otherwise agree or the Court otherwise 
orders.
Service and filing of affidavits and other evidence in reply and response
3.11(1)  If the respondent to an originating application intends to rely 
on an affidavit or other evidence when the originating application is 
heard or considered, the respondent must reply by serving on the 
originating applicant, a reasonable time before the originating 
application is to be heard or considered, a copy of the affidavit or other 
evidence on which the respondent intends to rely.
(2)  The originating applicant may respond by affidavit or other 
evidence to the respondent's affidavit or other evidence and must
	(a)	serve the response affidavit or other evidence on the 
respondent a reasonable time before the originating 
application is to be heard or considered, and
	(b)	limit the response to replying to the respondent's affidavit or 
other evidence.
(3)  If either the respondent or originating applicant does not give the 
other reasonable notice under this rule, and an adjournment is not 
granted,
	(a)	the party who did not give reasonable notice may not rely on 
the affidavit or other evidence unless the Court otherwise 
permits, and
	(b)	the Court may make a costs award against the party who did 
not give reasonable notice.
Application of statement of claim rules to originating applications
3.12   At any time in an action started by originating application the 
Court may, on application, direct that all or any rules applying to an 
action started by statement of claim apply to the action started by 
originating application.
Questioning on affidavit and questioning witnesses
3.13(1)  The following persons may be questioned by a party adverse 
in interest:
	(a)	a person who makes an affidavit in support of an originating 
application;
	(b)	a person who makes an affidavit in response;
	(c)	a person who makes an affidavit in reply to a response.
(2)  Subject to rule 3.21, a person may be questioned under oath as a 
witness for the purpose of obtaining a transcript of the person's 
evidence for use at the hearing of an originating application.
(3)  A party may question a person whom the party is entitled to 
question under this rule by serving on the person an appointment for 
questioning.
(4)  Rules 6.16 to 6.20 and 6.38 apply for the purposes of this rule.
(5)  The questioning party must file the transcript of the questioning.
Originating application evidence (other than judicial review)
3.14(1)  When making a decision about an originating application, 
other than an originating application for judicial review, the Court may 
consider the following evidence only:
	(a)	affidavit evidence, including an affidavit by an expert;
	(b)	a transcript referred to in rule 3.13;
	(c)	if Part 5 applies by agreement of the parties or order of the 
Court to the originating application, the transcript evidence 
or answers to written questions, or both, under that Part that 
may be used under rule 5.31;
	(d)	an admissible record disclosed in an affidavit;
	(e)	anything permitted by any other rule or by an enactment;
	(f)	evidence taken in any other action, but only if the party 
proposing to submit the evidence gives each of the other 
parties 5 days' or more notice of that party's intention and 
obtains the Court's permission to submit the evidence;
	(g)	with the Court's permission, oral evidence, which if 
permitted must be given in the same manner as at trial.
(2)  An affidavit or other evidence that is used or referred to at a 
hearing by the respondent, or by the originating applicant in response 
to the respondent, and that has not previously been filed in the action 
must be filed as soon as practicable after the hearing.
Subdivision 2 
Additional Rules Specific to Originating  
Applications for Judicial Review
Originating application for judicial review
3.15(1)  An originating application must be filed in the form of an 
originating application for judicial review if the originating applicant 
seeks from the Court any one or more of the following remedies 
against a person or body whose decision, act or omission is subject to 
judicial review:
	(a)	an order in the nature of mandamus, prohibition, certiorari, 
quo warranto or habeas corpus;
	(b)	a declaration or injunction.
(2)  Subject to rule 3.16, an originating application for judicial review 
to set aside a decision or act of a person or body must be filed and 
served within 6 months after the date of the decision or act, and rule 
13.5 does not apply to this time period.
(3)  An originating application for judicial review must be served on
	(a)	the person or body in respect of whose act or omission a 
remedy is sought,
	(b)	the Minister of Justice and Attorney General or the Attorney 
General for Canada, or both, as the circumstances require, 
and
	(c)	every person or body directly affected by the application.
(4)  The Court may require an originating application for judicial 
review to be served on any person or body not otherwise required to be 
served.
(5)  An affidavit or other evidence to be used to support the originating 
application for judicial review, other than an originating application for 
an order in the nature of habeas corpus, must be filed and served on 
every other party one month or more before the date scheduled for 
hearing the application.
Originating application for judicial review:  habeas corpus
3.16(1)  An originating application for an order in the nature of habeas 
corpus may be filed at any time and must be served under rule 3.15(3) 
as soon as practicable after filing.
(2)  An affidavit or other evidence to be used to support the originating 
application must be filed and served on each of the other parties 10 
days or more before the date scheduled for hearing the application.
Attorney General's right to be heard
3.17   The Minister of Justice and Attorney General or the Attorney 
General for Canada, or both, as the case requires, is entitled as of right 
to be heard on an originating application for judicial review.
Notice to obtain record of proceedings
3.18(1)  An originating applicant for judicial review who seeks an 
order to set aside a decision or act must include with the originating 
application a notice in Form 8, addressed to the person or body who 
made or possesses the record of proceedings on which the decision or 
act sought to be set aside is based, to send the record of proceedings to 
the court clerk named in the notice.
(2)  The notice must require the following to be sent or an explanation 
to be provided of why an item cannot be sent:
	(a)	the written record, if any, of the decision or act that is the 
subject of the originating application for judicial review,
	(b)	the reasons given for the decision or act, if any,
	(c)	the document which started the proceeding,
	(d)	the evidence and exhibits filed with the person or body, if 
any, and
	(e)	anything else relevant to the decision or act in the possession 
of the person or body.
(3)  The Court may add to, dispense with or vary anything required to 
be sent to the court clerk under this rule.
Sending in certified record of proceedings
3.19(1)  On receipt of an originating application for judicial review 
and a notice in accordance with rule 3.18, the person or body named in 
the notice must, as soon as practicable,
	(a)	comply with the notice and send to the court clerk a certified 
record of proceedings in Form 9, or
	(b)	provide in Form 9 a written explanation why the notice 
cannot be complied with or fully complied with.
(2)  The certified record of proceedings sent to the court clerk under 
this rule constitutes part of the court file of the originating application.
(3)  If the Court is not satisfied with the explanation for not sending all 
or part of the record of proceedings, the Court may order any or all of 
the following:
	(a)	the person or body to provide a better explanation;
	(b)	the person or body to send a certified copy of a record to the 
court clerk;
	(c)	the person or body to take any other action the Court 
considers appropriate.
Other circumstances when record of proceedings may be required
3.20(1)  The Court may make an order for the production of the 
certified record of proceedings of a person or body if the conditions 
described in subrule (2) are met.
(2)  The conditions are:
	(a)	the originating application for judicial review is for an order 
other than an order to set aside a decision or act;
	(b)	the certified record of proceedings is required to establish the 
claim;
	(c)	the person or body that is the subject of the originating 
application has not sent to the court clerk the certified record 
of proceedings within a reasonable time after the originating 
applicant's written request for the person or body to do so.
(3)  If the Court orders the certified record of proceedings to be sent to 
the court clerk, rules 3.18(3) and 3.19 apply, unless the Court 
otherwise orders.
Limit on questioning
3.21   On an originating application for judicial review, no person may 
be questioned as a witness for the purpose of obtaining a transcript for 
use at the hearing without the Court's permission.
Evidence on judicial review
3.22   When making a decision about an originating application for 
judicial review, the Court may consider the following evidence only:
	(a)	the certified copy of the record of proceedings of the person 
or body that is the subject of the application, if any;
	(b)	if questioning was permitted under rule 3.21, a transcript of 
that questioning;
	(c)	anything permitted by any other rule or by an enactment;
	(d)	any other evidence permitted by the Court.
Stay of decision
3.23(1)  The Court may stay the operation of a decision or act sought 
to be set aside under an originating application for judicial review 
pending final determination of the originating application.
(2)  Despite subrule (1), no order to stay is to be made if, in the Court's 
opinion, the stay would be detrimental either to the public interest or to 
public safety.
Additional remedies on judicial review
3.24(1)  If an originating applicant is entitled to a declaration that a 
decision or act of a person or body is unauthorized or invalid, the 
Court may, instead of making a declaration, set aside the decision or 
act.
(2)  The Court may
	(a)	direct a person or body to reconsider the whole or any part of 
a matter,
	(b)	direct a person or body to reconsider the whole or any part of 
a decision if the Court has set aside the decision under 
subrule (1), and
	(c)	give any other directions it considers necessary.
(3)  If the sole ground for a remedy is a defect in form or a technical 
irregularity, the Court may, if the Court finds that no substantial wrong 
or miscarriage of justice has occurred, despite the defect,
	(a)	refuse a remedy, or
	(b)	validate the decision made to have effect from a date and 
subject to any terms and conditions that the Court considers 
appropriate.
Division 3 
Actions Started by Statement of Claim
Subdivision 1 
Statement of Claim
Contents of statement of claim
3.25   A statement of claim must
	(a)	be in Form 10,
	(b)	state the claim and the basis for it,
	(c)	state any specific remedy sought, and
	(d)	comply with the rules about pleadings in Part 13, Division 3.
Subdivision 2 
Time Limit for Service of Statement of Claim
Time for service of statement of claim
3.26(1)  A statement of claim must be served on the defendant within 
one year after the date that the statement of claim is filed unless the 
Court, on application filed before the one-year time limit expires, 
grants an extension of time for service.
(2)  The extension of time for service under this rule must not exceed 3 
months.
(3)  Rule 13.5 does not apply to this rule or to an extension of time 
ordered under this rule.
Extension of time for service
3.27(1)  The Court may, at any time, grant an extension of time for 
service of a statement of claim in any of the following circumstances:
	(a)	if a defendant, anyone purporting to be a defendant, or a 
lawyer or other person purporting to negotiate on behalf of a 
defendant, has caused the plaintiff or the plaintiff's lawyer to 
reasonably believe and to rely on the belief that
	(i)	the defendant has been served,
	(ii)	liability is not or will not be contested, or
	(iii)	a time limit or any time period relating to the action will 
not be relied on or will be waived;
	(b)	if an order for substitutional service, an order dispensing with 
service or an order validating service is set aside;
	(c)	special or extraordinary circumstances exist resulting solely 
from the defendant's conduct or from the conduct of a person 
who is not a party to the action.
(2)  If an extension of time is granted under subrule (1), no further 
extension of time may be granted under this rule and rule 13.5 does not 
apply unless different or new circumstances described in subrule (1) 
are established to the Court's satisfaction.
Effect of not serving statement of claim in time
3.28   If a statement of claim is not served on a defendant within the 
time or extended time for service,
	(a)	no further proceeding may be taken in the action against a 
defendant who was not served in time, and
	(b)	a statement of claim served on any defendant in time is 
unaffected by the failure to serve any other defendant in time.
Notice of extension of time for service
3.29   If a statement of claim is served within an extension of time for 
service permitted by the Court under rule 3.26 or rule 3.27, when it is 
served the statement of claim must be accompanied with
	(a)	a copy of the order granting the extension, or
	(b)	written notice of the order.
Subdivision 3 
Defence to Statement of Claim, Reply to  
Defence and Demand for Notice
Defendant's options
3.30   A defendant who is served with a statement of claim may do 
one or more of the following:
	(a)	apply to the Court to set aside service in accordance with rule 
11.31;
	(b)	apply to the Court for an order under rule 3.68;
	(c)	file and serve a statement of defence or demand for notice.
Statement of defence
3.31(1)  If a defendant files a statement of defence, the statement of 
defence must
	(a)	be in Form 11, and
	(b)	comply with the rules about pleadings in Part 13, Division 3.
(2)  The defendant must file the statement of defence and serve it on 
the plaintiff within the applicable time after service of the statement of 
claim.
(3)  The applicable time is
	(a)	20 days if service is effected in Alberta,
	(b)	one month if service is effected outside Alberta but in 
Canada, and
	(c)	2 months if service is effected outside Canada.
Additional options for defendant who files defence
3.32   If a defendant files a statement of defence, the defendant may 
also do one or more of the following:
	(a)	file a claim against a co-defendant in accordance with rule 
3.43;
	(b)	file a third party claim in accordance with rule 3.44;
	(c)	file a counterclaim in accordance with rule 3.56.
Reply to defence
3.33(1)  A plaintiff may file a reply to a statement of defence.
(2)  If the plaintiff files a reply, the reply must
	(a)	be in Form 12, and
	(b)	comply with the rules about pleadings in Part 13, Division 3.
(3)  The plaintiff must file the reply and serve it on the defendant 
within 10 days after service of the statement of defence on the plaintiff.
Demand for notice by defendant
3.34(1)  If the defendant files a demand for notice, the demand must 
be in Form 13.
(2)  The defendant must file the demand for notice and serve it on the 
plaintiff within the applicable time after service of the statement of 
claim on the defendant.
(3)  The applicable time is
	(a)	20 days if service is effected in Alberta,
	(b)	one month if service is effected outside Alberta but in 
Canada, and
	(c)	2 months if service is effected outside Canada.
(4)  If the defendant files a demand for notice and serves it on the 
plaintiff, the defendant must be served with notice of any application 
or proceeding in which the defendant is named as respondent, but 
filing and service of the notice does not give the defendant a right to 
contest liability.
(5)  If a defendant files a demand for notice and serves it on the 
plaintiff, the defendant may subsequently file a statement of defence 
only with the Court's permission.
(6)  Judgment or an order may be given against a defendant who has 
filed and served a demand for notice only if
	(a)	the plaintiff applies to the Court for judgment or an order, 
and
	(b)	notice of the application is served on the defendant.
Judgment or order by agreement
3.35(1)  If a lawyer files a statement of defence or demand for notice 
on behalf of a defendant, no judgment or order may be obtained by 
agreement of the parties unless the defendant's lawyer of record is a 
party to the agreement or consents to the agreement.
(2)  If a defendant
	(a)	does not file a statement of defence or a demand for notice,
	(b)	files a statement of defence or demand for notice in person or 
by a lawyer who has ceased to be the defendant's lawyer of 
record, or
	(c)	is not represented by a lawyer of record,
no judgment or order may be obtained by agreement of the parties 
unless the defendant's agreement, with an affidavit of execution, is 
filed with the application for the judgment or order.
Subdivision 4 
Failure to Defend
Judgment in default of defence and noting in default
3.36(1)  Subject to subrule (2), if a defendant does not file a statement 
of defence or demand for notice, or if the defendant's statement of 
defence is struck out, the plaintiff may, on filing an affidavit of service 
of the statement of claim,
	(a)	enter judgment against the defendant under rule 3.38 or 3.39, 
or
	(b)	require the court clerk to enter in the court file of the action, 
in Form 14, a note to the effect that the defendant has not 
filed a statement of defence and consequently is noted in 
default.
(2)  A judgment in default of filing a statement of defence must not, 
without the Court's permission, be entered against a person who is 
represented by a litigation representative.
(3)  If the defendant has filed but has not served a statement of defence 
or demand for notice, the plaintiff may apply to the Court for a costs 
award against the defendant for anything arising from the defendant's 
failure.
Application for judgment against defendant noted in default
3.37(1)  The plaintiff may, without notice to any other party, on proof 
of the plaintiff's claim, apply to the Court for judgment in respect of a 
claim for which default judgment has not been entered if
	(a)	one or more defendants are noted in default, or
	(b)	the defendant's statement of defence is struck out.
(2)  In the circumstances described in subrule (1) the plaintiff is 
entitled to a costs award.
(3)  The Court may do one or more of the following:
	(a)	pronounce judgment;
	(b)	make any necessary order;
	(c)	direct a determination of damages;
	(d)	adjourn the application and order additional evidence to be 
provided;
	(e)	dismiss the claim or a part of it;
	(f)	direct that the claim proceed to trial and that notice be served 
on every other defendant;
	(g)	make a costs award in favour of the plaintiff.
Judgment for recovery of property
3.38   Subject to rule 3.41, if a statement of claim includes a claim for 
the recovery of property and one or more defendants do not file a 
statement of defence or demand for notice, the plaintiff may enter 
judgment against that defendant or those defendants for the recovery of 
that property, and the plaintiff is entitled to a costs award.
Judgment for debt or liquidated demand
3.39(1)  If a statement of claim includes a claim for a debt or a 
liquidated demand, with or without interest, whether as debt or 
damages, and one or more defendants do not file a statement of 
defence or demand for notice in response to that claim or any part of it, 
the plaintiff
	(a)	may enter judgment for a sum not exceeding the amount in 
respect of which no defence is filed and the interest payable, 
if the interest calculation is based on a set rate, either under 
an agreement or an enactment, and
	(b)	is entitled to a costs award.
(2)  In this rule, "liquidated demand" means
	(a)	a claim for a specific sum payable under an express or 
implied contract for the payment of money, including 
interest, not being in the nature of a penalty or unliquidated 
damages, where the amount of money claimed can be 
determined by
	(i)	the terms of the contract,
	(ii)	calculation only, or
	(iii)	taking an account between the plaintiff and the 
defendant,
		or
	(b)	a claim for a specific sum of money, whether or not in the 
nature of a penalty or damages, recoverable under an 
enactment that contains an express provision that the sum 
that is the subject of the claim may be recovered as a 
liquidated demand or as liquidated damages.
Continuation of action following judgment
3.40   If judgment is entered against some but not all defendants under
	(a)	rule 3.36,
	(b)	rule 3.37,
	(c)	rule 3.38, or
	(d)	rule 3.39,
the plaintiff may continue the action in respect of any defendant 
against whom judgment is not entered.
When no defence is filed in foreclosure action
3.41(1)  If a defendant in a foreclosure action does not file a statement 
of defence or demand for notice, the plaintiff must note the defendant 
in default before filing an application for
	(a)	personal judgment, or
	(b)	a remedy referred to in rule 6.5(2).
(2)  A defendant may be noted in default even if the defendant has 
filed and served a notice of address for service.
Limitation on when judgment or noting in default may occur
3.42   Despite anything in this Division, judgment may not be entered 
against a defendant and a defendant may not be noted in default if the 
defendant has filed an application that has not been decided
	(a)	to set aside service of a statement of claim, or
	(b)	under rule 3.68 to set aside or amend a statement of claim, to 
strike out a claim, or to stay an action, application or 
proceeding.
Subdivision 5 
Claims Against Co-defendants
How to make claim against co-defendant
3.43(1)  If a defendant claims a contribution or indemnity, or both, 
against a co-defendant under the Tort-feasors Act or the Contributory 
Negligence Act,
	(a)	the defendant may file and serve on a co-defendant a notice 
in Form 15 claiming a remedy under either or both of those 
Acts,
	(b)	neither the defendant nor the co-defendant need file a 
pleading in respect of a claim or defence under those Acts 
unless the Court otherwise orders, and
	(c)	a third party claim need not be filed and served on the 
co-defendant.
(2)  The notice claiming contribution must be filed and served on the 
co-defendant within 20 days after the date on which the defendant files 
the statement of defence or demand for notice.
(3)  A claim under subrule (1) must be determined at the trial of the 
plaintiff's claim against the defendant, or if there is no trial, as directed 
by the Court.
Subdivision 6 
Third Party Claims
When third party claim may be filed
3.44   A defendant or third party defendant may file a third party 
claim against another person who
	(a)	is or might be liable to the party filing the third party claim 
for all or part of the claim against that party,
	(b)	is or might be liable to the party filing the third party claim 
for an independent claim arising out of
	(i)	a transaction or occurrence or series of transactions or 
occurrences involved in the action between the plaintiff 
and the defendant, or
	(ii)	a related transaction or occurrence or series of related 
transactions or occurrences,
		or
	(c)	should be bound by a decision about an issue between the 
plaintiff and the defendant.
Form of third party claim
3.45   A third party claim must
	(a)	be in Form 16,
	(b)	comply with the rules about pleadings in Part 13, Division 3,
	(c)	be filed and served on the plaintiff and the third party 
defendant, whether or not the third party defendant is already 
a party to the action,
	(i)	within 6 months after the date on which the defendant 
filed a statement of defence or demand for notice, and
	(ii)	before judgment is entered against the defendant or the 
defendant is noted in default,
		and
	(d)	be accompanied, when it is served on the third party 
defendant, with a copy of the statement of claim served on 
the defendant.
Third party defendant becomes party
3.46(1)  On service of a third party claim,
	(a)	the third party defendant becomes a party to the action 
between the plaintiff and the defendant, and
	(b)	all subsequent proceedings in the action must name the third 
party as a party in the action between the plaintiff and the 
defendant.
(2)  The pleadings between
	(a)	the defendant and the third party defendant, and
	(b)	a third party plaintiff and a third party defendant,
form part of the court file between the plaintiff and the defendant.
(3)  A third party claim must be tried with the other claims in the 
action unless the Court otherwise orders under rule 3.71.
Third party defendant's options
3.47   A third party defendant may do one or more of the following:
	(a)	apply to the Court to set aside service in accordance with rule 
11.31;
	(b)	apply to the Court for an order under rule 3.68 with respect to 
the third party claim;
	(c)	apply to the Court for an order under rule 3.68 with respect to 
the plaintiff's statement of claim;
	(d)	file a statement of defence or demand for notice.
Plaintiff's options
3.48   A plaintiff in an action in which a third party claim is filed may 
apply to the Court for an order under rule 3.68 with respect to the third 
party claim.
Third party statement of defence
3.49(1)  A statement of defence by a third party defendant
	(a)	must be in Form 17,
	(b)	must comply with the rules about pleadings in Part 13, 
Division 3, and
	(c)	may dispute either or both of the following:
	(i)	the defendant's liability to the plaintiff, or
	(ii)	the third party defendant's liability described in the 
third party claim.
(2)  If a third party defendant files a statement of defence, the third 
party defendant must file it and serve it on each of the other parties 
within the applicable time after service of the third party claim on the 
third party defendant.
(3)  The applicable time is
	(a)	20 days if service is effected in Alberta,
	(b)	one month if service is effected outside Alberta but in 
Canada, and
	(c)	2 months if service is effected outside Canada.
(4)  If a third party defendant files a statement of defence, the third 
party defendant may do either or both of the following:
	(a)	make a claim against a third party co-defendant in 
accordance with rule 3.43;
	(b)	make a counterclaim in accordance with rule 3.56(2).
Demand for notice by third party defendant
3.50(1)  A demand for notice by a third party defendant must be in 
Form 18.
(2)  If a third party defendant files a demand for notice, the third party 
defendant must file it and serve it on each of the other parties within 
the applicable time after service of the third party claim on the third 
party defendant.
(3)  The applicable time is
	(a)	20 days if service is effected in Alberta,
	(b)	one month if service is effected outside Alberta but in 
Canada, and
	(c)	2 months if service is effected outside Canada.
Effect of demand for notice
3.51(1)  If a third party defendant files and serves a demand for 
notice, the third party defendant must be served with notice of any 
application in which the third party defendant is named as respondent.
(2)  Judgment may be entered against a third party defendant who has 
filed and served a demand for notice only if
	(a)	the third party plaintiff applies to the Court for judgment, and
	(b)	notice of the application is served on the third party 
defendant.
(3)  If a third party defendant files and serves a demand for notice, the 
third party defendant may subsequently file a statement of defence 
only with the Court's permission.
Consequences of not filing third party statement of defence
3.52(1)  If a third party defendant does not file a statement of defence 
disputing the liability of the defendant to the plaintiff, the third party 
defendant admits the validity of any judgment that the plaintiff obtains 
against the defendant, whether obtained by agreement or otherwise.
(2)  If a third party defendant does not file a statement of defence 
disputing the third party defendant's liability to the third party plaintiff 
under the third party claim, the third party defendant admits liability to 
the extent claimed in the third party claim.
Judgment against third party defendant
3.53(1)  The Court may give judgment against a third party defendant 
if the third party defendant does not file a statement of defence.
(2)  Judgment against a defendant must be satisfied before judgment is 
enforced against a third party defendant unless the Court otherwise 
orders.
(3)  An application by a defendant to enforce a judgment against a 
third party defendant under subrule (2) must
	(a)	be in Form 19, and
	(b)	be served on the plaintiff and the third party defendant.
Plaintiff's reply to third party defence
3.54(1)  A plaintiff or third party plaintiff may file a reply to a 
statement of defence filed by a third party defendant.
(2)  If a plaintiff or third party plaintiff files a reply, the reply must
	(a)	be in Form 20,
	(b)	comply with the rules about pleadings in Part 13, Division 3, 
and
	(c)	be filed and served on the third party defendant and each of 
the other parties within 10 days after service of the statement 
of defence by the third party defendant on the plaintiff.
Application of rules to third party claims
3.55   Except when the context or these rules otherwise provide, a rule 
that applies to or in respect of
	(a)	a plaintiff applies equally to or in respect of a third party 
plaintiff,
	(b)	a defendant applies equally to or in respect of a third party 
defendant, and
	(c)	a pleading related to a claim made by a statement of claim 
applies equally to or in respect of a pleading related to a third 
party claim.
Subdivision 7 
Counterclaims
Right to counterclaim
3.56(1)  A defendant may, by counterclaim, file a claim against
	(a)	a plaintiff, or
	(b)	the plaintiff and another person whether the other person is a 
party to the action by the plaintiff or not.
(2)  A third party defendant may, by counterclaim, file a claim against 
the plaintiff, defendant or third party plaintiff, or any combination of 
them, with or without any other person, whether the other person is a 
party to the action or not.
Contents of counterclaim
3.57   A counterclaim must
	(a)	be in Form 21,
	(b)	comply with the rules about pleadings in Part 13, Division 3, 
and
	(c)	be filed and served on the defendant-by-counterclaim within 
the same time period that the plaintiff-by-counterclaim must 
file a statement of defence under rule 3.31(2).
Status of counterclaim
3.58   A counterclaim is an independent action.
Claiming set-off
3.59   A matter that might be claimed by set-off may be claimed by 
counterclaim or by pleading set-off as a defence.
Application of rules to counterclaims
3.60(1)  Except when the context or these rules otherwise provide, a 
rule that applies to or in respect of
	(a)	a plaintiff applies equally to or in respect of a plaintiff-by-
counterclaim and a third party plaintiff-by-counterclaim,
	(b)	a defendant applies equally to or in respect of a defendant-
by-counterclaim and a third party defendant-by-counterclaim, 
and
	(c)	a pleading related to a claim made by statement of claim 
applies equally to or in respect of a pleading related to a 
counterclaim.
(2)  If the defendant-by-counterclaim does not file a statement of 
defence or demand for notice in respect of a counterclaim, a judgment 
on the counterclaim may be obtained only with the Court's permission 
after notice of the application has been served on the defendant-by-
counterclaim.
Division 4 
Request for Particulars, Amendments to 
Pleadings and Close of Pleadings
Request for particulars
3.61(1)  A party on whom a pleading is served may serve on the party 
who served the pleading a request for particulars about anything in the 
pleading.
(2)  If the requesting party does not receive a sufficient response within 
10 days after the date on which the request is served, the requesting 
party may apply to the Court for an order requiring the party who 
served the pleading to provide the particulars.
(3)  If the Court orders particulars to be provided, it must specify a 
time within which the order is to be complied with.
(4)  Subject to any order, despite a request for particulars, the 
obligation under these rules to file and serve pleadings continues even 
though a request for particulars has been made and whether or not it 
has been complied with.
Amending pleading
3.62(1)  A party may amend the party's pleading, including an 
amendment to add, remove, substitute or correct the name of a party, 
as follows:
	(a)	before pleadings close, any number of times without the 
Court's permission;
	(b)	after pleadings close, only by agreement of the parties filed 
with the Court,
	(i)	for the addition, removal, substitution or correction of 
the name of a party, with the Court's prior permission in 
accordance with rule 3.74, or
	(ii)	for any other amendment, with the Court's prior 
permission in accordance with rule 3.65.
(2)  An amended pleading must be
	(a)	filed, and
	(b)	served on each of the other parties within 10 days after the 
date on which it is filed.
(3)  A party may, without the Court's permission, amend that party's 
pleading before or after pleadings close if that amended pleading is
	(a)	a statement of defence in response to an amended statement 
of claim, an amended counterclaim or an amended third party 
claim, or
	(b)	a reply to an amended statement of defence, amended 
statement of defence to an amended counterclaim, or 
amended statement of defence to an amended third party 
claim.
(4)  A response pleading referred to in subrule (3) must be
	(a)	filed, and
	(b)	served on each of the other parties within 10 days after the 
date that the amended pleading referred to in subrule (3) is 
served.
(5)  If a party has pleaded in response to a pleading that is 
subsequently amended and served on that party and the party does not 
file and serve a further response to the amended pleading, the party is 
assumed to rely on the party's unamended pleading in response to the 
amended pleading referred to in subrule (3).
(6)  This rule does not apply to amendments to a class proceeding 
under the Class Proceedings Act.
Identifying amendments to pleadings
3.63(1)  Unless the Court otherwise orders, if a party amends a 
pleading, a new pleading must be filed, being a copy of the original 
pleading but amended and bearing the date of the original.
(2)  The amendment must
	(a)	be dated and identified, and each amended version must be 
identified, and
	(b)	be endorsed by the court clerk in the following form:
		Amended on [date] by [order] [party consent] 
Dated . . .
Time limit for application to disallow amendment to pleading
3.64(1)  On application, the Court may disallow an amendment to a 
pleading or a part of it.
(2)  The application must be filed within 10 days after service on the 
applicant of the amended pleading.
Permission of Court to amendment before or after close of pleadings
3.65(1)  Subject to subrule (5), before or after close of pleadings, the 
Court may give permission to amend a pleading.
(2)  If the Court gives permission for a pleading to be amended, the 
Court must specify the time period within which the amended pleading 
must be filed and served.
(3)  An order giving permission to amend a pleading under this rule 
ceases to have effect unless the amended pleading is filed and served 
within the time specified by the Court.
(4)  If the Court directs or allows a pleading to be amended at trial,
	(a)	the amendment must be recorded in writing by the court 
clerk, and
	(b)	no order need be filed.
(5)  This rule does not apply to an amendment to a pleading to add, 
remove, substitute or correct the name of a party to which rule 3.74 
applies.
Costs
3.66   The costs, if any, as a result of an amendment to a pleading are 
to be borne by the party filing the amendment unless
	(a)	the amendment is a response to an amended pleading, or
	(b)	the Court otherwise orders.
Close of pleadings
3.67(1)  This rule applies to pleadings between the following:
	(a)	a plaintiff and a defendant;
	(b)	a plaintiff-by-counterclaim and a defendant-by-counterclaim;
	(c)	a third party plaintiff and a third party defendant;
	(d)	a plaintiff and a third party defendant.
(2)  Pleadings close when
	(a)	a reply is filed and served by a plaintiff, plaintiff-by-
counterclaim or third party plaintiff, as the case may be, or
	(b)	the time for filing and serving a reply expires,
whichever is earlier.
(3)  The close of pleadings against one party represents the close of 
pleadings against all parties to that pleading.
Division 5 
Significant Deficiencies in Claims
Court options to deal with significant deficiencies
3.68(1)  If the circumstances warrant and a condition under subrule 
(2) applies, the Court may order one or more of the following:
	(a)	that all or any part of a claim or defence be struck out;
	(b)	that a commencement document or pleading be amended or 
set aside;
	(c)	that judgment or an order be entered;
	(d)	that an action, an application or a proceeding be stayed.
(2)  The conditions for the order are one or more of the following:
	(a)	the Court has no jurisdiction;
	(b)	a commencement document or pleading discloses no 
reasonable claim or defence to a claim;
	(c)	a commencement document or pleading is frivolous, 
irrelevant or improper;
	(d)	a commencement document or pleading constitutes an abuse 
of process;
	(e)	an irregularity in a commencement document or pleading is 
so prejudicial to the claim that it is sufficient to defeat the 
claim.
(3)  No evidence may be submitted on an application made on the basis 
of the condition set out in subrule (2)(b).
(4)  The Court may
	(a)	strike out all or part of an affidavit that contains frivolous, 
irrelevant or improper information;
	(b)	strike out all or any pleadings if a party without sufficient 
cause does not
	(i)	serve an affidavit of records in accordance with rule 5.5,
	(ii)	comply with rule 5.10, or
	(iii)	comply with an order under rule 5.11.
Division 6 
Refining Claims and Changing Parties
Subdivision 1 
Joining and Separating Claims and Parties
Joining claims
3.69(1)  A party may join 2 or more claims in an action unless the 
Court otherwise orders.
(2)  A party may sue or be sued in different capacities in the same 
action.
(3)  If there is more than one defendant or respondent, it is not 
necessary for each to have an interest
	(a)	in all the remedies claimed or sought, or
	(b)	in each claim included in the action.
Parties joining to bring action
3.70(1)  Two or more parties may join to bring an action, and a 
plaintiff or originating applicant may make a claim against 2 or more 
persons as defendants or respondents in an action, if
	(a)	the claim arises out of the same transaction or occurrence or 
series of transactions or occurrences,
	(b)	a question of law or fact common to the parties is likely to 
arise, or
	(c)	the Court permits.
(2)  This rule applies irrespective of the remedy claimed by the 
plaintiff or originating applicant and whether or not 2 or more 
plaintiffs or originating applicants seek the same remedy.
Separating claims
3.71(1)  When 2 or more claims are made in an action or when 2 or 
more parties join or are joined in an action, the Court may make an 
order under this rule if the Court is satisfied that the joined claims or 
parties, or both, may
	(a)	unduly complicate or delay the action, or
	(b)	cause undue prejudice to a party.
(2)  The Court may, by order, do one or more of the following:
	(a)	order separate trials, hearings, applications or other 
proceedings;
	(b)	order one or more of the claims to be asserted in another 
action;
	(c)	order a party to be compensated by a costs award for having 
to attend part of a trial, hearing, application or proceeding in 
which the party has no interest;
	(d)	excuse a party from having to attend all or part of a trial, 
hearing, application or proceeding in which the party has no 
interest.
Consolidation or separation of claims and actions
3.72(1)  The Court may order one or more of the following:
	(a)	that 2 or more claims or actions be consolidated;
	(b)	that 2 or more claims or actions be tried at the same time or 
one after the other;
	(c)	that one or more claims or actions be stayed until another 
claim or action is determined;
	(d)	that a claim be asserted as a counterclaim in another action.
(2)  An order under subrule (1) may be made for any reason the Court 
considers appropriate, including, without limitation, that 2 or more 
claims or actions
	(a)	have a common question of law or fact, or
	(b)	arise out of the same transaction or occurrence or series of 
transactions or occurrences.
Incorrect parties not fatal to actions
3.73(1)  No claim or action fails solely because
	(a)	2 or more parties join in an action that they should not have 
joined,
	(b)	2 or more parties do not join an action that they could or 
should have joined, or
	(c)	a party was incorrectly named as a party or was incorrectly 
omitted from being named as a party.
(2)  If subrule (1) applies, a judgment entered in respect of the action is 
without prejudice to the rights of persons who were not parties to the 
action.
Subdivision 2 
Changes to Parties
Adding, removing or substituting parties after close of pleadings
3.74(1)  After close of pleadings, no person may be added, removed 
or substituted as a party to an action started by statement of claim 
except in accordance with this rule.
(2)  On application, the Court may order that a person be added, 
removed or substituted as a party to an action if
	(a)	in the case of a person to be added or substituted as plaintiff, 
plaintiff-by-counterclaim or third party plaintiff, the 
application is made by a person or party and the consent of 
the person proposed to be added or substituted as a party is 
filed with the application;
	(b)	in the case of an application to add or substitute any other 
party, or to remove or to correct the name of a party, the 
application is made by a party and the Court is satisfied the 
order should be made.
(3)  The Court may not make an order under this rule if prejudice 
would result for a party that could not be remedied by a costs award, 
an adjournment or the imposition of terms.
Adding, removing or substituting parties to originating application
3.75(1)  In an action started by originating application no party or 
person may be added or substituted as a party to the action except in 
accordance with this rule.
(2)  On application of a party or person, the Court may order that a 
person be added or substituted as a party to the action,
	(a)	in the case of a person to be added or substituted as an 
originating applicant, if consent of the person proposed to be 
added or substituted is filed with the application;
	(b)	in the case of an application to add or substitute a person as a 
respondent, or to remove or correct the name of a party, if the 
Court is satisfied the order should be made.
(3)  The Court may not make an order under this rule if prejudice 
would result for a party that could not be remedied by a costs award, 
an adjournment or the imposition of terms.
Action to be taken when defendant or respondent added
3.76(1)  If a defendant or respondent is added to or substituted in an 
action, the plaintiff, originating applicant, plaintiff-by-counterclaim or 
third party plaintiff must, unless the Court otherwise orders,
	(a)	amend the commencement document, as required, to name 
the new party, and
	(b)	serve the amended commencement document on each of the 
other parties.
(2)  Unless the Court otherwise orders,
	(a)	in the case of a new defendant, the new defendant has the 
same time period to serve a statement of defence as the 
defendant had under rule 3.31, and
	(b)	the action against the new defendant or new respondent, as 
the case may be, starts on the date on which the new party is 
added to or substituted in the action.
Subsequent encumbrancers not parties in foreclosure action
3.77   A plaintiff in a foreclosure action must not make any 
subsequent encumbrancer a party to the claim unless possession is 
claimed from the subsequent encumbrancer.
Part 4 
Managing Litigation
Division 1 
Responsibility of Parties
Responsibility of parties to manage litigation
4.1   The parties are responsible for managing their dispute and for 
planning its resolution in a timely and cost-effective way.
What the responsibility includes
4.2   The responsibility of the parties to manage their dispute and to 
plan its resolution requires the parties
	(a)	to act in a manner that furthers the purpose and intention of 
these rules described in rule 1.2,
	(b)	in an action categorized as a standard case, to respond in a 
substantive way and within a reasonable time to any proposal 
for the conduct of an action,
	(c)	in an action categorized as a complex case, to meet or to 
adjust dates in a timely way in a complex case litigation plan,
	(d)	when the complexity or the nature of an action requires it, to 
apply to the Court for direction, or request case management 
under rule 4.12, and
	(e)	to consider and engage in one or more dispute resolution 
processes described in rule 4.16(1) unless the Court waives 
that requirement.
Categories of court action
4.3(1)  For the purpose of these rules, actions are categorized as
	(a)	standard cases, or
	(b)	complex cases.
(2)  In deciding whether an action should be categorized as a standard 
or complex case, the parties or the Court, as the case requires, must 
consider the following factors:
	(a)	the amount of the claim, the number and nature of the claims, 
and the complexity of the action;
	(b)	the number of parties;
	(c)	the number of documents involved;
	(d)	the number and complexity of issues and how important they 
are;
	(e)	how long questioning under Part 5 is likely to take;
	(f)	whether expert reports will be required and, if so, the time it 
will take to exchange reports and to question experts under 
Part 5;
	(g)	whether medical examinations and reports under Part 5, 
Division 3 will be required;
	(h)	any other matter that should be considered to meet the 
purpose and intention of the rules described in rule 1.2;
	(i)	whether a third party claim has been or is likely to be made.
(3)  If, within 4 months after the date a statement of defence is filed, 
the parties do not agree on whether the action is a standard or complex 
case, and the Court does not otherwise order, the action is to be 
categorized as a standard case.
Standard case obligations
4.4(1)  Unless the parties otherwise agree, or the Court otherwise 
orders, and subject to matters arising beyond the control of the parties, 
the parties to an action categorized as a standard case must, within a 
reasonable time considering the nature of the action, complete each of 
the following steps or stages in the action:
	(a)	close of pleadings;
	(b)	disclosure of information under Part 5;
	(c)	at least one of the dispute resolution processes described in 
rule 4.16(1), unless the requirement is waived by the Court;
	(d)	application for a trial date.
(2)  A party to an action categorized as a standard case may serve on 
the other party a proposed litigation plan or a proposal for the 
completion or timing of any stage or step in the action, and if no 
agreement is reached, any party may apply to the Court for a 
procedural or other order respecting the plan or proposal.
Complex case obligations
4.5(1)  The parties to an action categorized as a complex case must, 
within 4 months after the date that the parties agree to the 
categorization or the Court determines that the action is a complex 
case,
	(a)	agree on a complex case litigation plan, and
	(b)	unless reasons are given in the plan not to do so,
	(i)	establish a date by which the real issues in dispute will 
be identified,
	(ii)	agree on a protocol for the organization and production 
of records,
	(iii)	set a date by which disclosure of records will be 
completed under rule 5.5,
	(iv)	set a date by which questioning under Part 5 will be 
completed,
	(v)	set a date by which all experts' reports and rebuttal and 
surrebuttal expert reports will be served,
	(vi)	set a date by which reports of any health care 
professionals will be obtained, and
	(vii)	agree on an estimated date to apply for a trial date.
(2)  When a complex case litigation plan or an amendment to the plan 
is agreed to, the plaintiff must file it and serve it on all parties.
Settling disputes about complex case litigation plans
4.6   If no agreement is reached on a complex case litigation plan 
within the period referred to in rule 4.5(1), or if the parties cannot 
agree on an adjustment to a date in the plan, the Court may
	(a)	establish or amend a complex case litigation plan for the 
action, or
	(b)	make a procedural order with respect to the action generally 
or to deal with particular issues or issues that may arise.
Monitoring and adjusting dates
4.7(1)  The parties must monitor progress in their action and adjust the 
dates by which a stage or step in the action is expected to be completed 
if a party is added to the action or as circumstances require.
(2)  On application, the Court may adjust or set dates by which a stage 
or a step in the action is expected to be completed.
Court may categorize actions
4.8(1)  On application, the Court may direct whether an action is to be 
categorized as a standard or complex case.
(2)  The Court may change the categorization of an action to complex 
or standard at any time.
Division 2 
Court Assistance in Managing Litigation
Orders to facilitate proceedings
4.9   If a party or the Court is not satisfied that an action is being 
managed in accordance with rule 4.2,
	(a)	the party may apply for a procedural order, an order under 
rule 4.10 or any other appropriate order;
	(b)	the Court may make a procedural order, an order under rule 
4.10 or any other appropriate order.
Assistance by the Court
4.10(1)  The Court may, at any time, direct the parties and any other 
person to attend a conference with the Court.
(2)  The participants in the conference may consider
	(a)	dispute resolution possibilities, the process for them, and how 
they can be facilitated;
	(b)	simplification or clarification of a claim, a pleading, a 
question, an issue, an application or a proceeding;
	(c)	a complex case litigation plan or a modification to the plan;
	(d)	case management by a judge;
	(e)	practice, procedural or other issues or questions and how to 
resolve them;
	(f)	any other matter that may aid in the resolution or facilitate 
the resolution of a claim, application or proceeding or 
otherwise meet the purpose and intention of these rules 
described in rule 1.2.
(3)  If a party files an application for a conference under this rule, that 
party must
	(a)	give a reason for the conference, and
	(b)	file and serve on every other party notice of the application 
and any material to be relied on in support of the application 
a reasonable time before the date the conference is scheduled 
to take place.
(4)  The Court may make a procedural order before, at or following the 
conference.
Ways the Court may manage action
4.11   The Court may manage an action in one or more of the 
following ways, in which case the responsibility of the parties to 
manage their dispute is modified accordingly:
	(a)	the Court may make a procedural order;
	(b)	the Court may direct a conference under rule 4.10;
	(c)	on request under rule 4.12, or on the initiative of the Chief 
Justice under rule 4.13, the Chief Justice may appoint a case 
management judge for the action;
	(d)	the Court may make an order under a rule providing for 
specific direction or a remedy.
Request for case management
4.12(1)  A request for a case management order must be made in 
writing to the Chief Justice and a copy of the request must be served 
on each of the other parties.
(2)  The request must state
	(a)	the reason for the request, and
	(b)	whether any of the other parties agrees with the request.
(3)  An action commenced or continued under the Class Proceedings 
Act must have a case management judge appointed for the action 
unless the Chief Justice decides otherwise, and the request for a case 
management judge must be made no later than the date on which the 
first application in respect of the class proceeding is made under 
section 2(2) of the Class Proceedings Act.
Appointment of case management judge
4.13   The Chief Justice may order that an action be subject to case 
management and appoint a judge as the case management judge for the 
action for one or more of the following reasons:
	(a)	to encourage the parties to participate in a dispute resolution 
process;
	(b)	to promote and ensure the fair and efficient conduct and 
resolution of the action;
	(c)	to keep the parties on schedule;
	(d)	to facilitate preparation for trial and the scheduling of a trial 
date.
Authority of case management judge
4.14(1)  A case management judge, or if the circumstances require, 
any other judge, may
	(a)	order that steps be taken by the parties to identify, simplify or 
clarify the real issues in dispute,
	(b)	establish, substitute or amend a complex case litigation plan 
and order the parties to comply with it,
	(c)	make an order to facilitate an application, proceeding, 
questioning or pre-trial proceeding,
	(d)	make an order to promote the fair and efficient resolution of 
the action by trial,
	(e)	facilitate efforts the parties may be willing to take towards 
the efficient resolution of the action or any issue in the action 
through negotiation or a dispute resolution process other than 
trial, or
	(f)	make any procedural order that the judge considers 
necessary.
(2)  Unless the Chief Justice or the case management judge otherwise 
directs, or these rules otherwise provide, the case management judge 
must hear every application filed with respect to the action for which 
the case management judge is appointed.
Case management judge presiding at summary trial and trial
4.15  Unless every party and the judge agree, a case management 
judge must not hear an application for judgment by way of a summary 
trial or preside at the trial of the action for which the case management 
judge is appointed.
Division 3 
Dispute Resolution by Agreement
Subdivision 1 
Dispute Resolution Processes
Dispute resolution processes
4.16(1)  The responsibility of the parties to manage their dispute 
includes good faith participation in one or more of the following 
dispute resolution processes with respect to all or any part of the 
action:
	(a)	a dispute resolution process in the private or government 
sectors involving an impartial third person;
	(b)	a Court annexed dispute resolution process;
	(c)	a judicial dispute resolution process described in rules 4.17 to 
4.21;
	(d)	any program or process designated by the Court for the 
purpose of this rule.
(2)  On application, the Court may waive the responsibility of the 
parties under this rule, but only if
	(a)	before the action started the parties engaged in a dispute 
resolution process and the parties and the Court believe that a 
further dispute resolution process would not be beneficial,
	(b)	the nature of the claim is not one, in all the circumstances, 
that will or is likely to result in an agreement between the 
parties,
	(c)	there is a compelling reason why a dispute resolution process 
should not be attempted by the parties,
	(d)	the Court is satisfied that engaging in a dispute resolution 
process would be futile, or
	(e)	the claim is of such a nature that a decision by the Court is 
necessary or desirable.
(3)  The parties must attend the hearing of an application under subrule 
(2) unless the Court otherwise orders.
Subdivision 2 
Judicial Dispute Resolution
Purpose of judicial dispute resolution
4.17   The purpose of this Subdivision is to provide a party-initiated 
framework for a judge to actively facilitate a process in which the 
parties resolve all or part of a claim by agreement.
Judicial dispute resolution process
4.18(1)  An arrangement for a judicial dispute resolution process may 
be made only with the agreement of the participating parties and, 
before engaging in a judicial dispute resolution process, and subject to 
the directions of the presiding judge, the participating parties must 
agree to the extent possible on at least the following:
	(a)	that every party necessary to participate in the process has 
agreed to do so, unless there is sufficient reason not to have 
complete agreement;
	(b)	rules to be followed in the process, including rules respecting
	(i)	the nature of the process,
	(ii)	the matters to be the subject of the process,
	(iii)	the manner in which the process will be conducted,
	(iv)	the date on which and the location and time at which the 
process will occur,
	(v)	the role of the judge and any outcome expected of that 
role,
	(vi)	any practice or procedure related to the process, 
including exchange of materials, before, at or after the 
process,
	(vii)	who will participate in the process, which must include 
persons who have authority to agree on a resolution of 
the dispute, unless otherwise agreed, and
	(viii)	any other matter appropriate to the process, the parties 
or the dispute.
(2)  The parties who agree on the proposed judicial dispute resolution 
process are entitled to participate in the process.
(3)  The parties to a proposed judicial dispute resolution process may 
request that a judge named by the parties participate in the process.
Documents resulting from judicial dispute resolution
4.19   The only documents, if any, that may result from a judicial 
dispute resolution process are
	(a)	an agreement prepared by the parties, and any other 
document necessary to implement the agreement, and
	(b)	a consent order or consent judgment resulting from the 
process.
Confidentiality and use of information
4.20(1)  A judicial dispute resolution process is a confidential process 
intended to facilitate the resolution of a dispute.
(2)  Unless the parties otherwise agree in writing, statements made or 
documents generated for or in the judicial dispute resolution process 
with a view to resolving the dispute
	(a)	are privileged and are made or generated without prejudice,
	(b)	must be treated by the parties and participants in the process 
as confidential and may only be used for the purpose of that 
dispute resolution process, and
	(c)	may not be referred to, presented as evidence or relied on, 
and are not admissible in a subsequent application or 
proceeding in the same action or in any other action, or in 
proceedings of a judicial or quasi-judicial nature.
(3)  Subrule (2) does not apply to the documents referred to in rule 
4.19.
Involvement of judge after process concludes
4.21(1)  The judge facilitating a judicial dispute resolution process in 
an action must not hear or decide any subsequent application, 
proceeding or trial in the action without the written agreement of every 
party and the agreement of the judge.
(2)  The judge facilitating a judicial dispute resolution process must 
treat the judicial dispute resolution process as confidential, and all the 
records relating to the process in the possession of the judge or in the 
possession of the court clerk must be returned to the parties or 
destroyed except
	(a)	the agreement of the parties and any document necessary to 
implement the agreement, and
	(b)	a consent order or consent judgment resulting from the 
process.
(3)  The judge facilitating a judicial dispute resolution process is not 
competent to give evidence nor compellable to give evidence in any 
application or proceeding relating to the process in the same action, in 
any other action, or in any proceeding of a judicial or quasi-judicial 
nature.
Division 4 
Security for Payment of Costs Award
Considerations for security for costs order
4.22   The Court may order a party to provide security for payment of 
a costs award if the Court considers it just and reasonable to do so, 
taking into account all of the following:
	(a)	whether it is likely the applicant for the order will be able to 
enforce an order or judgment against assets in Alberta;
	(b)	the ability of the respondent to the application to pay the 
costs award;
	(c)	the merits of the action in which the application is filed;
	(d)	whether an order to give security for payment of a costs 
award would unduly prejudice the respondent's ability to 
continue the action;
	(e)	any other matter the Court considers appropriate.
Contents of security for costs order
4.23(1)  An order to provide security for payment of a costs award 
must, unless the Court otherwise orders,
	(a)	specify the nature of the security to be provided, which may 
include payment into Court,
	(b)	require a party to whom the order is directed to provide the 
security no later than 2 months after the date of the order or 
any other time specified in the order,
	(c)	stay some or all applications and other proceedings in the 
action until the security is provided, and
	(d)	state that if the security is not provided in accordance with 
the order, as the case requires,
	(i)	all or part of an action is dismissed without further 
order, or
	(ii)	a claim or defence is struck out.
(2)  If the security is given by bond, the bond must be given to the 
party requiring security unless the Court otherwise orders.
(3)  If the security is given by money paid into Court, the money may, 
by agreement of the parties, be paid out and a bond substituted for it.
(4)  As circumstances require, the Court may
	(a)	increase or reduce the security required to be provided, and
	(b)	vary the nature of the security to be provided.
(5)  An order under this rule may amend a complex case litigation 
plan.
Division 5 
Settlement Using Court Process
Formal offers to settle
4.24(1)  At any time after a statement of claim, a claim under the 
Family Law Act, an application to vary a custody order under the 
Extra-provincial Enforcement of Custody Orders Act or an originating 
application to vary a corollary relief order granted by another court 
under the Divorce Act (Canada) is filed, but 10 days or more before
	(a)	an application for judgment by way of a summary trial is 
scheduled to be heard,
	(b)	a trial is scheduled to start, or
	(c)	an application is scheduled to be heard or considered,
one party may serve on the party to whom the offer is made a formal 
offer to settle the action or a claim in the action.
(2)  To be valid a formal offer to settle must be made within the period 
described in subrule (1), be in Form 22 and include the following 
information:
	(a)	the name of the party making the offer;
	(b)	the name of the party or parties to whom the offer is made;
	(c)	what the offer is and any conditions attached to it;
	(d)	whether or not the amount of the offer is inclusive of interest 
and, if not, to what date and at what rate interest is payable 
under the terms of the offer;
	(e)	whether or not the amount of the offer is inclusive of costs 
and, if not, the amount or scale of the costs and the date to 
which they are payable under the terms of the offer;
	(f)	the requirements that must be complied with to accept the 
offer;
	(g)	a form of acceptance of the offer;
	(h)	notice of the costs consequences specified in rule 4.29.
(3)  Unless a valid formal offer to settle is withdrawn under subrule 
(4), the offer remains open for acceptance until
	(a)	the expiry of 2 months after the date of the offer or any 
longer period specified in the offer, or
	(b)	the start of the hearing of an application for judgment by way 
of summary trial or the start of the trial, as the case may be,
whichever occurs first.
(4)  A valid formal offer to settle may not be withdrawn unless
	(a)	the Court first gives permission for the withdrawal, which 
may be given only if the Court is satisfied that there are 
special circumstances that justify withdrawal, and
	(b)	the party who made the offer serves written notice of 
withdrawal on every party who received the offer.
Acceptance of formal offer to settle
4.25(1)  For the purpose of this Division, a formal offer to settle an 
action or a claim in an action may only be accepted in accordance with 
this rule.
(2)  At any time a formal offer to settle remains open for acceptance or 
before a formal offer to settle is withdrawn, a party to whom the offer 
has been made may accept the offer by
	(a)	filing the offer and the acceptance of it, and
	(b)	serving on the party who made the offer notice that
	(i)	the offer has been accepted, and
	(ii)	the terms of any judgment or order in the offer have 
been agreed to.
(3)  After the filing and service, a party may
	(a)	apply to the Court for judgment or an order in accordance 
with the terms of the formal offer to settle,
	(b)	continue the action in respect of any matter not covered by 
the judgment or order, and
	(c)	continue the action against any party who is not a party to the 
settlement.
If costs are not dealt with in formal offer to settle
4.26   If a formal offer to settle and acceptance filed under rule 4.25 
do not deal with costs, either party may apply to the Court for an order 
under rule 10.31.
Status of formal offer to settle and acceptance
4.27  Unless otherwise agreed by the parties, a formal offer to settle 
under this Division
	(a)	is to be considered as an offer to settle that is made without 
prejudice, and
	(b)	is not an admission of anything.
Confidentiality of formal offer to settle
4.28(1)  Subject to rule 4.24(4) and subrule (2), a formal offer to settle 
is to be kept confidential and not disclosed to the Court until
	(a)	it is accepted, or
	(b)	the remedy for the claim has been decided.
(2)  Subrule (1) does not apply to an offer of a written or printed 
apology made under section 4 of the Defamation Act.
Costs consequences of formal offer to settle
4.29(1)  Subject to subrule (4), if a plaintiff makes a formal offer to 
settle that is not accepted and subsequently obtains a judgment or order 
in the action that is equal to or more favourable to the plaintiff than the 
offer, the plaintiff is entitled to double the costs to which the plaintiff 
would otherwise have been entitled under rule 10.31(1)(a) or 10.32 for 
all steps taken in relation to the action or claim after service of the 
offer, excluding disbursements.
(2)  Subject to subrule (4), if a defendant makes a formal offer to settle 
that is not accepted and a judgment or order in the action is made that 
is equal to or more favourable to the defendant than the offer, the 
defendant is entitled to costs for all steps taken in the action in relation 
to the action or claim after service of the offer.
(3)  A defendant is entitled to double the costs provided for in subrule 
(2), excluding disbursements, if
	(a)	subrule (2) applies, and
	(b)	the action or claim that is the subject of the formal offer to 
settle is dismissed.
(4)  This rule does not apply
	(a)	if costs are awarded under rule 10.31(1)(b),
	(b)	in the case of a formal offer to settle made with respect to an 
application for judgment after a summary trial, if the offer is 
made less than 10 days before the date scheduled to hear the 
application for judgment,
	(c)	in the case of a formal offer to settle made with respect to 
any other matter, if the offer is made less than 10 days before 
the date scheduled for the trial to start,
	(d)	in the case of a formal offer to settle that is withdrawn in 
accordance with rule 4.24(4), or
	(e)	if in special circumstances the Court orders that this rule is 
not to apply.
When this Division does not apply
4.30   This Division does not apply to an action or a claim in an action 
in respect of which a defence of tender before the action started is 
pleaded unless that defence is first withdrawn.
Division 6 
Delay in an Action
Application to deal with delay
4.31  If delay occurs in an action, on application the Court may
	(a)	dismiss all or any part of a claim if the Court is satisfied that 
the delay has resulted in significant prejudice to a party, or
	(b)	make a procedural order or any other order provided for by 
these rules.
Agreement about delay
4.32   If 2 or more parties agree to delay an application or proceeding 
in an action, each of the other parties must be served with notice of the 
agreement to delay and of the nature and extent of the delay.
Dismissal for long delay
4.33(1)  If 2 or more years has passed after the last thing done that 
significantly advanced an action, the Court, on application, must 
dismiss the action as against the applicant, unless
	(a)	the parties to the application expressly agreed to the delay,
	(b)	the action has been stayed or adjourned by order, an order 
has extended the time for doing the next thing in the action, 
or the delay is provided for in a litigation plan,
	(c)	the applicant did not respond to a written proposal by the 
respondent that the next thing in the action not occur until 
more than 2 years after the last thing done that significantly 
advanced the action, or
	(d)	an application has been filed or proceedings have been taken 
since the delay and the applicant has participated in them for 
a purpose and to the extent that, in the opinion of the Court, 
warrants the action continuing.
(2)  If the Court refuses an application to dismiss an action for delay, 
the Court may still make whatever procedural order it considers 
appropriate.
(3)  Rule 13.5 does not apply to this rule.
Division 7 
Transfer and Transmission of Interest
Stay of proceedings on transfer or transmission of interest
4.34(1)  If at any time in an action prior to judgment the interest or 
liability of a party is transferred or transmitted to another person by 
assignment, bankruptcy, death or other means, the action is stayed until 
an order to continue the action by or against the other person has been 
obtained.
(2)  If a transfer or transmission of the interest or liability of a party 
takes place while an application or proceeding in an action is pending, 
an interested person may, on filing an affidavit verifying the transfer or 
transmission of the interest or liability and without notice to any other 
party, request the Court to order that the action continue.
(3)  An order to continue the action must be served on each of the other 
parties as soon as it is received by the party requesting the order.
(4)  If an order to continue an action is not made within a reasonable 
time after the date on which the action is stayed, the defendant or 
respondent may apply to the Court to have the action dismissed for 
delay under rule 4.31.
Death has no effect on action after evidence heard
4.35   If a party dies before judgment but after all the evidence has 
been heard,
	(a)	the death does not terminate the action, whether or not the 
claim survives death, and
	(b)	judgment may be pronounced and entered despite the death.
Division 8 
Discontinuance
Discontinuance of claim
4.36(1)  Before a date is set for trial, a plaintiff may discontinue all or 
any part of an action against one or more defendants.
(2)  After a trial date has been set but before a trial starts, a plaintiff 
may discontinue all or part of an action against one or more defendants 
only
	(a)	with the written agreement of every party, or
	(b)	with the Court's permission.
(3)  After the trial starts, a plaintiff may discontinue all or part of an 
action only with the Court's permission.
(4)  A discontinuance under this rule must be in Form 23 and must be 
filed and served on each of the other parties and, after the plaintiff 
serves notice of discontinuance, the defendant is entitled to a costs 
award against the plaintiff for having defended against the 
discontinued claim.
(5)  The discontinuance of the action may not be raised as a defence to 
any subsequent action for the same or substantially the same claim.
Discontinuance of defence
4.37(1)  A defendant may discontinue the whole of a statement of 
defence by filing a notice of discontinuance in Form 24 and serving it 
on the plaintiff.
(2)  On filing the notice of discontinuance,
	(a)	the defendant is in default of defence, and
	(b)	the plaintiff is entitled to a costs award against the defendant 
for having responded to the discontinued defence.
Part 5 
Disclosure of Information
Purpose of this Part
5.1(1)  Within the context of rule 1.2, the purpose of this Part is
	(a)	to obtain evidence that will be relied on in the action,
	(b)	to narrow and define the issues between parties,
	(c)	to encourage early disclosure of facts and records,
	(d)	to facilitate evaluation of the parties' positions and, if 
possible, resolution of issues in dispute, and
	(e)	to discourage conduct that unnecessarily or improperly 
delays proceedings or unnecessarily increases the cost of 
them.
(2)  The Court may give directions or make any order necessary to 
achieve the purpose of this Part.
Division 1 
How Information Is Disclosed
Subdivision 1 
Introductory Matters
When something is relevant and material
5.2(1)  For the purposes of this Part, a question, record or information 
is relevant and material only if the answer to the question, or the record 
or information, could reasonably be expected
	(a)	to significantly help determine one or more of the issues 
raised in the pleadings, or
	(b)	to ascertain evidence that could reasonably be expected to 
significantly help determine one or more of the issues raised 
in the pleadings.
(2)  The disclosure or production of a record under this Division is not, 
by reason of that fact alone, to be considered as an agreement or 
acknowledgment that the record is admissible or relevant and material.
Modification or waiver of this Part
5.3(1)  The Court may modify or waive any right or power under a 
rule in this Part or make any order warranted in the circumstances if
	(a)	a person acts or threatens to act in a manner that is vexatious, 
evasive, abusive, oppressive, improper or tediously lengthy, 
or
	(b)	the expense, delay, danger or difficulty in complying with a 
rule would be grossly disproportionate to the likely benefit.
(2)  In addition to making a procedural order, the Court may do any 
one or more of the following:
	(a)	make a costs award under Part 10 or require an advance 
payment against costs payable, or both;
	(b)	increase or decrease the amount of interest to which a person 
is entitled;
	(c)	order future questioning to be conducted before a judge, 
master or person designated by the Court;
	(d)	make any other order respecting the action or an application 
or proceeding the Court considers necessary in the 
circumstances.
Appointment of corporate representatives
5.4(1)  Unless the Court otherwise orders, every corporation that is a 
party must appoint a corporate representative.
(2)  Corporate representatives must
	(a)	inform themselves of relevant and material records and 
relevant and material information before being questioned 
under this Division,
	(b)	if questioned under this Division, bring to the questioning 
any records likely to be required in respect of which there is 
no claim of privilege, and
	(c)	give appropriate evidence of the relevant and material 
records and relevant and material information.
(3)  The corporate representative's evidence is evidence given by the 
corporation.
(4)  On application, the Court may order corporate representatives to 
inform themselves of relevant and material records or relevant and 
material information, or both.
(5)  The Court may appoint a corporate representative for a party that 
is a corporation if the party has not done so.
(6)  The Court may appoint an additional or a substitute corporate 
representative for a party that is a corporation if
	(a)	an appointed corporate representative is not suitable, or
	(b)	an appointed corporate representative failed to inform 
himself or herself of relevant and material records and 
relevant and material information before being questioned.
Subdivision 2 
Disclosing and Identifying Relevant and Material Records
When affidavit of records must be served
5.5(1)  Every party must serve an affidavit of records on each of the 
other parties in accordance with the time period specified in subrule 
(2), (3) or (4).
(2)  The plaintiff must serve an affidavit of records on each of the other 
parties within 3 months after the date the plaintiff is served with a 
statement of defence, or the first statement of defence if more than one 
is served.
(3)  The defendant must serve an affidavit of records on each of the 
other parties within one month after the date the defendant is served 
with the plaintiff's affidavit of records.
(4)  A third party defendant who has filed a statement of defence must, 
within 3 months after that filing, serve an affidavit of records on each 
of the other parties .
Form and contents of affidavit of records
5.6(1)  An affidavit of records must
	(a)	be in Form 26, and
	(b)	disclose all records relevant and material to the issues in the 
action.
(2)  The affidavit of records must also specify
	(a)	which of the records are under the control of the party on 
whose behalf the affidavit is made,
	(b)	which of those records, if any, the party objects to produce 
and the grounds for the objection,
	(c)	for those records for which there is no objection to produce, a 
notice stating
	(i)	the time when the record may be inspected, which must 
be within 10 days after the affidavit is served, and 
	(ii)	the place where the record may be inspected, which 
must be
	(A)	the address for service of the party serving the 
affidavit,
	(B)	a place agreed on by the parties or ordered by the 
Court, or
	(C)	if the record is in constant use, the place where it is 
usually kept,
	(d)	which relevant and material records the party previously had 
under the party's control, and
	(i)	the time when, and the manner in which, those records 
ceased to be under that party's control, and
	(ii)	the present location of the records, if known,
		and
	(e)	that the party does not have and has never had any other 
relevant and material record under the party's control.
(3)  If a party does not have and has never had any relevant and 
material records under the party's control, the affidavit must say so.
Producible records
5.7(1)  Each producible record in an affidavit of records must
	(a)	be numbered in a convenient order, and
	(b)	be briefly described.
(2)  A group of records may be bundled and treated as a single record 
if
	(a)	the records are all of the same nature, and
	(b)	the bundle is described in sufficient detail to enable another 
party to understand what it contains.
Records for which there is an objection to produce
5.8   Each record in an affidavit of records that a party objects to 
produce must be numbered in a convenient order, and the affidavit 
must identify the grounds for the objection in respect of each record.
Who makes affidavit of records
5.9(1)  Subject to subrule (2), an affidavit of records must be sworn by
	(a)	the party,
	(b)	if the party is a corporation, by the corporation's corporate 
representative, or
	(c)	if a litigation representative is appointed for a party, by the 
party's litigation representative.
(2)  A suitable person, other than the lawyer of record of the party, 
may swear the affidavit of records if
	(a)	it is inconvenient for the party, the corporate representative 
or the litigation representative to do so, and
	(b)	the parties agree or the Court so orders.
Subsequent disclosure of records
5.10   If, after a party has served an affidavit of records on other 
parties, the first party finds, creates or obtains control of a relevant and 
material record not previously disclosed, the first party must
	(a)	immediately give notice of it to each of the other parties,
	(b)	on written request and on payment of reasonable copying 
expenses, supply each of the other parties with a copy of it, 
and
	(c)	prior to scheduling a date for trial, serve a supplementary 
affidavit of records on each of the other parties.
Order for record to be produced
5.11(1)  On application, the Court may order a record to be produced 
if the Court is satisfied that
	(a)	a relevant and material record under the control of a party has 
been omitted from an affidavit of records, or
	(b)	a claim of privilege has been incorrectly or improperly made 
in respect of a record.
(2)  For the purpose of making a decision on the application, the Court 
may
	(a)	inspect a record, and
	(b)	permit cross-examination on the original and on any 
subsequent affidavit of records.
Penalty for not serving affidavit of records
5.12(1)  In addition to any other order or sanction that may be 
imposed, the Court may impose a penalty of 2 times the amount set out 
in item 3(1) of the tariff in Division 2 of Schedule C, or any larger or 
smaller amount the Court may determine, on a party who, without 
sufficient cause,
	(a)	does not serve an affidavit of records in accordance with rule 
5.5 or within any modified period agreed on by the parties or 
set by the Court,
	(b)	does not comply with rule 5.10, or
	(c)	does not comply with an order under rule 5.11.
(2)  If there is more than one party adverse in interest to the party 
ordered to pay the penalty, the penalty must be paid to the parties in 
the proportions determined by the Court.
(3)  A penalty imposed under this rule applies irrespective of the final 
outcome of the action.
Obtaining records from others
5.13(1)  On application, and after notice of the application is served 
on the person affected by it, the Court may order a person who is not a 
party to produce a record at a specified date, time and place if
	(a)	the record is under the control of that person,
	(b)	there is reason to believe that the record is relevant and 
material, and
	(c)	the person who has control of the record might be required to 
produce it at trial.
(2)  The person requesting the record must pay the person producing 
the record an amount determined by the Court.
Inspection and copying of records
5.14(1)  Every party is entitled, with respect to a record that is 
relevant and material and that is under the control of another party, to 
all of the following:
	(a)	to inspect the record on one or more occasions on making a 
written request to do so;
	(b)	to receive a copy of the record on making a written request 
for the copy and paying reasonable copying expenses;
	(c)	to make copies of the record when it is produced.
(2)  This rule does not apply to a record for which a claim of privilege 
is made unless the Court orders the record to be produced for 
inspection.
(3)  The Court or a party to an action who receives a 
computer-generated document that was filed with the court clerk may 
request the person filing that document or causing it to be issued to 
provide a copy of it in an electronic format.
Admissions of authenticity of records
5.15(1)  In this rule, "authentic" includes the fact that
	(a)	a document that is said to be an original was printed, written, 
signed or executed as it purports to have been, and
	(b)	a document that is said to be a copy is a true copy of the 
original.
(2)  Subject to subrules (3), (4) and (5), a party who makes an affidavit 
of records or on whose behalf an affidavit of records is filed and a 
party on whom an affidavit of records is served are both presumed to 
admit that
	(a)	a record specified or referred to in the affidavit is authentic, 
and
	(b)	if a record purports or appears to have been transmitted, the 
original was sent by the sender and was received by the 
addressee.
(3)  Subrule (2)
	(a)	does not apply if the maker or the recipient of the affidavit 
objects in accordance with subrule (4),
	(b)	does not prejudice the right of a party to object to the 
admission of a record in evidence, and
	(c)	does not constitute an agreement or acknowledgment that the 
record is relevant and material.
(4)  The maker or recipient of an affidavit of records is not presumed 
to make the admission referred to in subrule (2) if, within one month 
after the date on which the records are produced, the maker or recipient 
serves notice on the other party that the authenticity or transmittal of a 
record, as the case may be, is disputed and that it must be proved at 
trial.
(5)  This rule does not apply to a record whose authenticity, receipt or 
transmission has been denied by a party in the party's pleadings.
Undisclosed records not to be used without permission
5.16   A party who
	(a)	does not disclose a relevant and material record in an 
affidavit of records referred to in rule 5.6,
	(b)	does not disclose as required by rule 5.10 a relevant and 
material record that is found, created or obtained, or
	(c)	does not produce a relevant and material record in 
accordance with a valid request to do so under rule 5.14
may not afterwards use the record in evidence in the action unless the 
parties otherwise agree or the Court otherwise orders on the basis that 
there was a sufficient reason for the failure to disclose.
Subdivision 3 
Questions to Discover Relevant and Material  
Records and Relevant and Material Information
People who may be questioned
5.17(1)  A party is entitled to ask the following persons questions 
under oath about relevant and material records and relevant and 
material information:
	(a)	each of the other parties who is adverse in interest;
	(b)	if the party adverse in interest is a corporation,
	(i)	one or more officers or former officers of the 
corporation who have or appear to have relevant and 
material information that was acquired because they are 
or were officers of the corporation, and
	(ii)	the corporate representative;
	(c)	if a litigation representative is appointed for a party,
	(i)	the litigation representative, and
	(ii)	with the Court's permission, the person on whose behalf 
the litigation representative is appointed if that person is 
competent to give evidence;
	(d)	one or more other persons who are or were employees of the 
party adverse in interest who have or appear to have relevant 
and material information that was acquired because of the 
employment;
	(e)	an auditor or former auditor engaged by a party adverse in 
interest, but not an auditor or former auditor engaged solely 
for the purpose of the action;
	(f)	if a partnership is a party adverse in interest, a partner or 
former partner of the partnership;
	(g)	in an action with respect to a negotiable instrument or chose 
in action,
	(i)	an assignor of the negotiable instrument or chose in 
action,
	(ii)	a prior endorser, drawer, holder or maker of the 
negotiable instrument, and
	(iii)	an employee or former employee of an assignor of the 
negotiable instrument or chose in action, and if the 
assignor is a corporation, an officer or former officer of 
the corporation.
(2)  If a questioning party questions more than one person of a party 
adverse in interest under subrule (1) and the person questioned is
	(a)	an officer or former officer of a corporation described in 
subrule (1)(b)(i),
	(b)	an employee or former employee of the party adverse in 
interest described in subrule (1)(d),
	(c)	an auditor or former auditor described in subrule (1)(e),
	(d)	a partner or former partner of a partnership referred to in 
subrule (1)(f), or
	(e)	an employee, former employee, officer or former officer 
described in subrule (1)(g)(iii), other than a corporate 
representative,
the costs of questioning the second and subsequent persons are to be 
paid by the questioning party unless
	(f)	the parties otherwise agree, or
	(g)	the Court otherwise orders.
(3)  This rule applies whether the person to be questioned is within or 
outside the Court's jurisdiction.
Persons providing services to corporation
5.18(1)  Subject to subrules (2) and (3), if
	(a)	a party cannot obtain relevant and material information from 
an officer or employee or a former officer or former 
employee of a corporation that is a party adverse in interest,
	(b)	it would be unfair to require the party seeking the 
information to proceed to trial without having the opportunity 
to ask questions about the information sought, and
	(c)	the questioning will not cause undue hardship, expense or 
delay to, or unfairness to, any other party or to the person to 
be questioned,
the party may question, under oath, a person who has provided services 
for the corporation and who can provide the best evidence on the issue.
(2)  A person described in subrule (1) may be questioned only
	(a)	by written agreement of the parties, or
	(b)	with the Court's permission.
(3)  An expert engaged by a party for the purposes of the action may 
not be questioned under this rule.
(4)  Evidence from a person questioned under this rule is to be treated 
as if it were evidence of an employee of the corporation.
(5)  The costs related to questioning a person under this rule are to be 
borne by the questioning party unless
	(a)	the parties otherwise agree, or
	(b)	the Court otherwise orders.
Limit or cancellation of questioning
5.19   On application, the Court may do either or both of the 
following:
	(a)	limit the number of persons subject to questioning by a party;
	(b)	cancel an appointment for questioning that the Court 
considers unnecessary, improper or vexatious.
When questioning is to take place
5.20(1)  Unless the parties otherwise agree, or the Court in 
exceptional circumstances otherwise orders, a party may not question a 
party or person under this Division unless the questioning party has 
served an affidavit of records on the party adverse in interest.
(2)  Subject to subrule (1), the questioning of a person is to take place 
as follows:
	(a)	questioning by the plaintiff, at any time after
	(i)	a statement of defence has been served on the plaintiff, 
or
	(ii)	the time for serving the statement of defence has 
expired;
	(b)	questioning by the defendant and every other party, at any 
time after a statement of defence has been served.
Appointment for questioning
5.21(1)  A party may question a person whom the party is entitled to 
question under this Part by serving on the person a notice of 
appointment for questioning in Form 29.
(2)  Rules 6.16 to 6.19 and 6.38 apply for the purposes of subrule (1) 
with one modification, namely, unless the parties otherwise agree, the 
notice of appointment for questioning must be served 20 days or more 
before the appointment date.
Questioning options
5.22   Subject to rule 5.24, questioning may be conducted
	(a)	orally, under oath, or
	(b)	by written questions, answered under oath, subject to the 
limitations of rule 5.28.
Preparation for questioning
5.23   A person to be questioned under this Division, other than a 
corporate representative, must
	(a)	reasonably prepare for questioning, and
	(b)	bring to the questioning any records likely to be required in 
respect of which there is no claim of privilege.
Oral and written questioning limitations
5.24   Unless the parties otherwise agree or the Court otherwise 
orders,
	(a)	if more than one party is entitled to question a person, the 
questioning must be oral, and
	(b)	a party may not question a person both orally and by written 
questioning.
Appropriate questions and objections
5.25(1)  During questioning, a person is required to answer only
	(a)	relevant and material questions, and
	(b)	questions in respect of which an objection is not upheld 
under subrule (2).
(2)  A party or a witness being questioned may object to an oral or 
written question during questioning but only for one or more of the 
following reasons:
	(a)	privilege;
	(b)	the question is not relevant and material;
	(c)	the question is unreasonable or unnecessary;
	(d)	any other ground recognized at law.
(3)  A corporate representative may object to an oral or written 
question during questioning on the basis that it would be unduly 
onerous for the corporate representative to inform himself or herself in 
the circumstances.
(4)  If an objection to a question cannot be resolved the Court must 
decide its validity.
(5)  After the questioning party has finished questioning a person, that 
person may be questioned by the party for whom the person is or may 
be a witness to explain, elaborate or provide context for an answer 
initially given.
(6)  Following answers to the explanatory, elaborative or contextual 
questions, the person may be questioned again about the person's 
answers.
Transcript of oral questioning
5.26(1)  Oral questioning under this Part must be recorded word for 
word by a person qualified to do so
	(a)	by a method that is capable of producing a written transcript, 
and
	(b)	in a manner agreed on by the parties or directed by the Court.
(2)  The questioning party must make necessary arrangements to 
record the questioning.
(3)  Exhibits produced at the questioning must, unless otherwise agreed 
by the parties or ordered by the Court,
	(a)	be incorporated in or attached to the transcript, or
	(b)	be produced at the trial of the action without a notice to 
produce.
(4)  The person recording the oral questioning must
	(a)	keep in safe custody the recorded questioning,
	(b)	if required to do so, honestly and accurately transcribe the 
recorded questioning and deliver a copy of the transcript, as 
required, and
	(c)	on or attached to any transcript
	(i)	state the person's name,
	(ii)	specify the date and place where the questioning 
occurred, and
	(iii)	certify the transcript, or the portion of the questioning 
transcribed, as complete and accurate.
(5)  A person is qualified to record and transcribe oral questioning 
under this Part if the person is
	(a)	an official court reporter,
	(b)	a person appointed by the Court as an examiner under the 
Alberta Rules of Court (AR 390/68), or
	(c)	a shorthand writer, sworn to record the questioning word for 
word and to impartially fulfill the duties imposed by subrule 
(4), who
	(i)	is an agent or employee of an official court reporter or 
an examiner, or
	(ii)	has been approved by the parties.
Continuing duty to disclose
5.27(1)  A person who is or has been questioned must, by affidavit, 
correct an answer if
	(a)	the answer was incorrect or misleading, or
	(b)	the answer becomes incorrect or misleading as a result of 
new information.
(2)  The correcting affidavit must be made and served on each of the 
other parties as soon as practicable after the person realizes that the 
answer was or has become incorrect or misleading.
Written questions
5.28(1)  Unless the Court otherwise orders or the parties otherwise 
agree, the following rules apply with respect to written questions and 
the answers to them:
	(a)	the written questions must be numbered and succinct;
	(b)	the answers provided to the questions must be given by 
affidavit and must state the question being answered;
	(c)	the answers to the questions must be served by the 
questioning party on each of the other parties within a time 
agreed on by the parties or ordered by the Court.
(2)  A party is entitled to ask
	(a)	one set of follow-up written questions as a result of the 
answers to the initial written questions, or
	(b)	follow-up oral questions if agreed by the parties.
(3)  If the answers to the written questions or the answers to the 
follow-up written or follow-up oral questions are unsatisfactory, the 
questioning party may apply to the Court for an order for either or both 
of the following:
	(a)	oral or further oral questioning;
	(b)	further written questions to be answered.
Acknowledgment of corporate witness's evidence
5.29(1)  The evidence given by a corporate witness during questioning 
may not be read in as evidence at trial unless a corporate representative 
of the corporation, under oath, acknowledges that the evidence forms 
some of the information of the corporation.
(2)  Subject to subrule (3), the corporate representative may refuse to 
acknowledge some or all of the evidence of the corporate witness and, 
if so, must state why, but is not entitled to refuse to acknowledge the 
corporate witness's information just because the corporate 
representative disbelieves or disagrees with it.
(3)  If the corporate representative disbelieves or disagrees with some 
or all of the evidence of a corporate witness, the corporate 
representative
	(a)	must acknowledge the evidence as information of the 
corporation unless it is inadmissible under the laws of 
evidence, and
	(b)	may then qualify the acknowledgment with further evidence 
that is contrary to or inconsistent with the corporate witness's 
evidence if the further evidence is based on either or both of 
the following:
	(i)	the corporate representative's personal knowledge;
	(ii)	a record prepared by the corporate representative or 
provided to the corporate representative by a person 
having personal knowledge of the issue in question.
Undertakings
5.30(1)  If, during questioning, a person answering questions
	(a)	does not know the answer to a question but would have 
known the answer if the person had reasonably prepared for 
questioning, or if as a corporate representative the person had 
reasonably informed himself or herself, or
	(b)	has under the person's control a relevant and material record 
that is not privileged,
the person must undertake to inform himself or herself and provide an 
answer, or produce the record, within a reasonable time.
(2)  After the undertaking has been discharged, the person who gave 
the undertaking may be questioned on the answer given or record 
provided.
Use of transcript and answers to written questions
5.31(1)  Subject to rule 5.29, a party may use in support of an 
application or proceeding or at trial as against a party adverse in 
interest any of the evidence of that other party in a transcript of 
questioning under rule 5.17 or 5.18 and any of the evidence in the 
answers of that other party to written questions under rule 5.28.
(2)  Evidence referred to in subrule (1) is evidence only of the 
questioning party who uses the transcript evidence or the answers to 
the written questions, and is evidence only against the party who was 
questioned.
(3)  If only a portion of a transcript or a portion of the answers to the 
written questions is used, the Court may, on application, direct that all 
or each other portion of the transcript or answers also be used if all or 
any other portion is so connected with the portion used that it would or 
might be misleading not to use all or any other portion of the transcript 
or other answers.
When information may be used
5.32   The transcript of questioning, including exhibits, made under 
this Division, an affidavit of records, affidavits and answers to written 
questions, and correcting affidavits under this Division
	(a)	must not be filed and must not be put before the Court except 
during an application, proceeding or at trial, and
	(b)	may be filed and put before the Court only as permitted by 
these rules,
in which case the person relying on the documents filed must provide 
the material in writing or in any other form permitted by the Court.
Confidentiality and use of information
5.33(1)  The information and records described in subrule (2) must be 
treated as confidential and may only be used by the recipient of the 
information or record for the purpose of carrying on the action in 
which the information or record was provided or disclosed unless
	(a)	the Court otherwise orders,
	(b)	the parties otherwise agree, or
	(c)	otherwise required or permitted by law.
(2)  For the purposes of subrule (1) the information and records are:
	(a)	information provided or disclosed by one party to another in 
an affidavit served under this Division;
	(b)	information provided or disclosed by one party to another in 
a record referred to in an affidavit served under this Division;
	(c)	information recorded in a transcript of questioning made or 
in answers to written questions given under this Division.
Division 2 
Experts and Expert Reports
Service of expert's report
5.34   An expert's report must
	(a)	be in Form 25 and contain the information required by the 
form, or any modification agreed on by the parties, and
	(b)	be served in the sequence required by rule 5.35.
Sequence of exchange of experts' reports
5.35(1)  If a party intends to use the evidence of an expert at trial, the 
expert's report must be served in the sequence described in subrule (2).
(2)  Unless the parties otherwise agree or the Court otherwise orders, 
experts' reports on which a party intends to rely must be served in the 
following sequence:
	(a)	the party who bears the primary onus of proof must serve on 
each of the other parties the report of that party's expert;
	(b)	the other party or parties must serve their expert's rebuttal 
report, if any, and may include in the report issues not raised 
in the initial expert's report;
	(c)	the party who served the initial expert's report may serve a 
surrebuttal expert's report that responds only to the new 
issues raised in the rebuttal report.
Objection to expert's report
5.36(1)  A party who receives an expert's report must notify the party 
serving the report of
	(a)	any objection to the admissibility of the expert's report that 
the party receiving the report intends to raise at trial, and
	(b)	the reasons for the objection.
(2)  No objection to the admissibility of an expert's report is permitted 
at trial unless
	(a)	reasonable notice of the objection was given to the other 
party, or
	(b)	the Court permits the objection to be made.
Questioning experts before trial
5.37(1)  The parties may agree, or in exceptional circumstances the 
Court may direct, that an expert be questioned by any party adverse in 
interest to the party proposing to call the expert witness at trial.
(2)  The questioning must be limited to the expert's report.
(3)  The Court may impose conditions about questioning with respect 
to all or any of the following:
	(a)	limiting the length of questioning;
	(b)	specifying the place where the questioning is to take place;
	(c)	directing payment of costs incurred;
	(d)	any other matter concerning the questioning.
(4)  Evidence of an expert under this Division is to be treated as if it 
were evidence of an employee of the party who intends to rely on the 
expert's report.
Continuing obligation on expert
5.38   If, after an expert's report has been provided by one party to 
another, the expert changes his or her opinion on a matter in the report, 
the change of opinion must be
	(a)	disclosed by the expert in writing, and
	(b)	immediately served on each of the other parties.
Use of expert's report at trial without expert
5.39(1)  A party serving an expert's report may, at the same time, also 
serve notice of intention to have the report entered as evidence without 
calling the expert as a witness.
(2)  If a party serves a notice of intention under subrule (1), no 
objection may be made at trial to entering the expert's report as 
evidence unless, within 2 months after service of the notice under 
subrule (1), any other party serves a statement on the party serving the 
notice of intention
	(a)	setting out all or parts of the report that that other party 
objects to being entered as evidence under this rule, and 
giving reasons for the objection, or
	(b)	serving on the party a request that the expert attend the trial 
for cross-examination.
(3)  Agreeing to have the expert's report entered as evidence without 
calling the expert as a witness, either explicitly or by allowing subrule 
(2) to operate without objection, is not an admission of the truth or 
correctness of the expert's report.
Expert's attendance at trial
5.40(1) A party who agrees to have all of an expert's report entered in 
evidence at trial, either explicitly or by allowing rule 5.39(2) to operate 
without objection, may, at the same time as responding to the notice of 
intention, serve a request that the expert be in attendance at trial for 
cross-examination.
(2)  The expert whose entire report is to be entered at trial must not 
give oral evidence at trial unless
	(a)	a request that the expert attend for cross-examination has 
been served, or
	(b)	the Court permits.
(3)  The party who requests an expert's attendance for cross-
examination must pay the costs of the expert's attendance, determined 
under Schedule B, unless the Court is satisfied that the cross-
examination is of sufficient assistance to warrant a different order 
about who is to pay those costs.
(4)  If the party proposing to enter the expert's report receives a request 
that the expert attend for cross-examination, the party proposing to 
enter the report may question the expert at trial.
Division 3 
Medical Examinations by Health Care 
Professionals
Medical examinations
5.41(1)  The parties may agree that the mental or physical condition of 
a person is at issue in an action and agree on a health care professional 
to conduct a medical examination.
(2)  On application, the Court may in an action in which the mental or 
physical condition of a person is at issue do either or both of the 
following:
	(a)	order that a person submit to a mental or physical medical 
examination;
	(b)	appoint a health care professional to conduct a medical 
examination.
(3)  The Court may order a second or further medical examination by a 
health care professional.
(4)  If the plaintiff has been the subject of a medical examination by a 
health care professional of the plaintiff's choice who will or may be 
proffered as an expert, the Court may order that the plaintiff be the 
subject of a medical examination by one or more health care 
professionals of the defendant's choice.
Options during medical examination
5.42(1)  Unless otherwise ordered by the Court, a person who is to be 
the subject of a medical examination by a health care professional may 
elect to do one or more of the following:
	(a)	nominate a health care professional to be present during the 
medical examination;
	(b)	videotape the medical examination;
	(c)	make a word-for-word recording of the medical examination.
(2)  The Court may
	(a)	define or limit the presence or role of the nominated health 
care professional,
	(b)	direct that any part of the medical examination, including any 
standardized tests, not be recorded, and
	(c)	otherwise provide direction as to the conduct of the medical 
examination.
Payment of costs of medical examinations
5.43(1)  Unless the Court otherwise orders, the party who applies for 
the order for a medical examination must pay the cost of the medical 
examination.
(2)  Unless the Court otherwise orders, the cost of
	(a)	the attendance of a nominated health care professional at a 
medical examination, or
	(b)	videotaping or recording a medical examination,
is to be paid by the party appointing the nominated health care 
professional or electing to have the medical examination videotaped or 
recorded.
(3)  The party arranging for the videotaping or recording must provide 
a copy of the videotape or recording to the other party as soon as 
practicable after the medical examination is completed.
(4)  The videotape or recording
	(a)	may be shown or played at trial only with the Court's 
permission, and
	(b)	may only be used to verify events at the medical 
examination.
Conduct of examination
5.44(1)  A health care professional conducting a medical examination 
may ask the person being examined questions relating to that person's 
mental and physical condition and medical history, and the person 
being examined must answer the questions.
(2)  If the person to be examined agrees in writing, or if the Court so 
orders, the examining health care professional may
	(a)	take or obtain samples from the person being examined, and 
make an analysis of the samples, and
	(b)	perform any test recognized by medical science.
(3)  The party causing the medical examination to be conducted
	(a)	must, on request, deliver promptly to each of the other parties 
a copy of a detailed written report of the health care 
professional's findings and conclusions, and
	(b)	is, on request, entitled to receive promptly from the person 
examined a report of every medical examination previously 
or subsequently made of the physical or mental condition of 
the person resulting from the injuries sustained or the mental 
or physical condition that is in issue.
(4)  If a party refuses to provide a report in the manner described in 
subrule (3), the Court may order the report to be provided, and if the 
health care professional refuses to make the report in writing, the Court 
may make any order it considers proper, one of the provisions of which 
may be the exclusion of the health care professional's evidence if that 
person's evidence is offered at trial.
(5)  On application, the Court may make any order it considers 
necessary to limit or curtail a medical examination.
Part 6 
Resolving Issues and  
Preserving Rights
Division 1 
Applications to the Court
What this Division applies to
6.1   This Division
	(a)	applies to every application filed in the Court unless a rule or 
an enactment otherwise provides or the Court otherwise 
orders or permits;
	(b)	does not apply to originating applications unless the parties 
otherwise agree or the Court otherwise orders.
Application to the Court to exercise its authority
6.2   When the Court has authority under these rules, a person may 
make an application to the Court that the Court exercise its authority.
Subdivision 1 
Application Process Generally
Applications generally
6.3(1)  Unless these rules or an enactment otherwise provides or the 
Court otherwise permits, an application may only be filed during an 
action or after judgment is entered.
(2)  Unless the Court otherwise permits, an application to the Court 
must
	(a)	be in the appropriate form set out in Schedule A, Division 1 
to these rules,
	(b)	state briefly the grounds for filing the application,
	(c)	identify the material or evidence intended to be relied on,
	(d)	refer to any provision of an enactment or rule relied on,
	(e)	specify any irregularity complained of or objection relied on,
	(f)	state the remedy claimed or sought, and
	(g)	state how the application is proposed to be heard or 
considered under these rules.
(3)  Unless an enactment, the Court or these rules otherwise provide, 
the applicant must file and serve on all parties and every other person 
affected by the application, 5 days or more before the application is 
scheduled to be heard or considered,
	(a)	notice of the application, and
	(b)	any affidavit or other evidence in support of the application.
Applications without notice
6.4   Despite any other rule to the contrary, notice of an application is 
not required to be served on a party if an enactment so provides or 
permits or the Court is satisfied that
	(a)	no notice is necessary, or
	(b)	serving notice of the application might cause undue prejudice 
to the applicant.
Subdivision 2 
Application in Foreclosure Action
Notice of application in foreclosure action
6.5(1)  In a foreclosure action, notice of every application made by the 
plaintiff must be served on each person who filed and served on the 
plaintiff a statement of defence, a demand for notice or a notice of 
address for service.
(2)  A defendant or subsequent encumbrancer who is not required to be 
served under subrule (1) must be served with notice of an application 
in a foreclosure action if the application is for one or more of the 
following:
	(a)	a redemption order;
	(b)	an order that secured property be offered for sale;
	(c)	an order confirming sale to the plaintiff or other person;
	(d)	an order for possession, but not a preservation order;
	(e)	an order appointing a receiver and manager;
	(f)	a foreclosure order.
(3)  A defendant who is not required to be served under subrule (1) 
must be served with notice of an application in a foreclosure action if 
the application is for personal judgment against that defendant.
(4)  A person who is not required to be served under subrule (1) must 
be served with notice of an application in a foreclosure action for an 
order for possession if the plaintiff seeks possession of secured 
property from that person.
(5)  An offeror or tenderer who is not required to be served under 
subrule (1) must be served with notice of an application in a 
foreclosure action if one or more offers or tenders have been made on 
secured property and the application is for one or more of the 
following:
	(a)	an order confirming sale to the plaintiff or another person;
	(b)	an order for possession, but not a preservation order;
	(c)	an order appointing a receiver and manager;
	(d)	a foreclosure order.
Subdivision 3 
Responses, Replies and Decisions on Applications
Response and reply to application
6.6(1)  If the respondent to an application intends to rely on an 
affidavit or other evidence when the application is heard or considered, 
the respondent must reply by serving on the applicant a copy of the 
affidavit or other evidence a reasonable time before the application is 
to be heard or considered.
(2)  The applicant may respond by affidavit or other evidence to the 
respondent's affidavit or other evidence but must
	(a)	serve the affidavit or other evidence on the respondent a 
reasonable time before the application is to be heard, and
	(b)	limit the response to replying to the respondent's affidavit or 
other evidence.
(3)  If either the respondent or applicant does not give the other 
reasonable notice, the Court may impose costs on the party who did 
not give reasonable notice, and the party who did not give reasonable 
notice is not entitled to rely on that party's affidavit or other evidence 
unless the Court otherwise permits.
Questioning on affidavit in support, response and reply to application
6.7   A person who makes an affidavit in support of an application or 
in response or reply to an application may be questioned, under oath, 
on the affidavit by a person adverse in interest on the application, and
	(a)	rules 6.16 to 6.20 apply for the purposes of this rule, and
	(b)	the transcript of the questioning must be filed by the 
questioning party.
Questioning witness before hearing
6.8   A person may be questioned under oath as a witness for the 
purpose of obtaining a transcript of that person's evidence for use at 
the hearing of the application, and
	(a)	rules 6.16 to 6.20 apply for the purposes of this rule, and
	(b)	the transcript of the questioning must be filed by the 
questioning party.
How the Court considers applications
6.9(1)  The Court may consider a filed application in one or more of 
the following ways:
	(a)	in person, with one, some or all of the parties present;
	(b)	by means of an electronic hearing if an electronic hearing is 
permitted under rule 6.10;
	(c)	by a process involving documents only.
(2)  Applications may be decided by a judge or master.
Electronic hearing
6.10(1)  In this rule, "electronic hearing" means an application, 
proceeding, summary trial or trial conducted, in whole or in part, by 
electronic means in which all the participants in a hearing and the 
Court can hear each other, whether or not all or some of the 
participants and the Court can see each other or are in each other's 
presence.
(2)  An electronic hearing may be held if
	(a)	the parties agree and the Court so permits, or
	(b)	on application, the Court orders an electronic hearing.
(3)  The Court may
	(a)	direct that an application for an electronic hearing be heard 
by electronic hearing,
	(b)	direct that an application, a summary trial or a trial be heard 
in whole or in part by electronic hearing,
	(c)	give directions about arrangements for the electronic hearing 
or delegate that responsibility to another person,
	(d)	give directions about the distribution of documents and the 
practice and procedure at the electronic hearing, or
	(e)	order that an electronic hearing be completed in person.
(4)  The court clerk must participate in an electronic hearing unless the 
Court otherwise directs.
Evidence at application hearings
6.11(1)  When making a decision about an application the Court may 
consider only the following evidence:
	(a)	affidavit evidence, including an affidavit by an expert;
	(b)	a transcript of questioning under this Part;
	(c)	the written or oral answers, or both, to questions under Part 5 
that may be used under rule 5.31;
	(d)	an admissible record disclosed in an affidavit of records 
under rule 5.6;
	(e)	anything permitted by any other rule or by an enactment;
	(f)	evidence taken in any other action, but only if the party 
proposing to submit the evidence gives every other party 
written notice of that party's intention 5 days or more before 
the application is scheduled to be heard or considered and 
obtains the Court's permission to submit the evidence;
	(g)	with the Court's permission, oral evidence, which, if 
permitted, must be given in the same manner as at trial.
(2)  An affidavit or other evidence that is used or referred to at a 
hearing and that has not previously been filed in the action must be 
filed as soon as practicable after the hearing.
If person does not get notice of application
6.12   If it appears to the Court at the time an application is heard that 
a person who should have been served with notice of the application 
was not served, the Court may
	(a)	dismiss the application,
	(b)	adjourn the hearing for notice to be served, or
	(c)	if the Court considers it appropriate to do so, hear and decide 
the application.
Recording hearings when only one party present
6.13   Unless the Court otherwise orders, a hearing of an application 
in which only one party makes a personal appearance must be recorded 
word for word by a method that is capable of providing a written 
transcript.
Subdivision 4 
Appeal from Master's Judgment or Order
Appeal from master's judgment or order
6.14(1)  If a master makes a judgment or order, the applicant or 
respondent to the application may appeal the judgment or order to a 
judge.
(2)  A notice of appeal in Form 28 must be filed and served within 10 
days and returnable within a reasonable time, not exceeding 2 months, 
after the judgment or order is entered and served.
(3)  An appeal from a master's judgment or order is an appeal on the 
record of proceedings before the master and, if the judge permits, may 
also be based on new evidence that is significant enough that it could 
have affected the master's decision.
(4)  The record of proceedings is
	(a)	the application before the master,
	(b)	affidavits and other evidence filed by the parties respecting 
the application before the master,
	(c)	any transcript of proceedings before the master, unless the 
Court dispenses with this requirement, and
	(d)	the master's judgment or order and any written reasons given 
for the decision.
(5)  The appellant must file and serve on the respondent to the appeal, 
one month or more before the return date scheduled for hearing the 
appeal,
	(a)	the transcript of proceedings described in subrule (4)(c) or, if 
the transcript is not available at the time of filing, 
confirmation that the transcript has been ordered, unless the 
Court dispenses with the requirement for a transcript under 
subrule (4)(c),
	(b)	any new evidence sought to be relied on, subject to the 
limitation described in subrule (3), and
	(c)	any further written argument.
(6)  The respondent to the appeal must file and, within 10 days after 
service of the record of proceedings, serve on the appellant 
	(a)	any further written argument the respondent wishes to make, 
and 
	(b)	any new evidence sought to be relied on, subject to the 
limitation described in subrule (3).
(7)  A party may rely on its original written argument, if any, that was 
before the master or any further argument filed under subrule (5)(c) or 
(6)(a), or both the original argument and the further argument.
Subdivision 5 
Procedure for Questioning
Appointment for questioning under this Part
6.15   If a party is entitled to question a person under this Part, that 
party may do so by serving on the person a notice of appointment for 
questioning in Form 29, and rules 6.16 to 6.20 apply.
Contents of notice of appointment
6.16(1)  A notice of appointment for questioning must
	(a)	specify a reasonable date, time and place for the appointment 
for questioning,
	(b)	describe any records the person is required to bring to the 
appointment for questioning, and
	(c)	request the person to be questioned to specify any 
arrangements necessary to accommodate the person's 
reasonable needs which, to the extent reasonably possible, 
must be accommodated.
(2)  The notice of appointment for questioning must be served 5 days 
or more before the appointment date
	(a)	on the person to be questioned, or if a lawyer acts for that 
person, on the lawyer, and
	(b)	on each of the other parties.
(3)  On application, the Court may resolve a dispute over the date, 
time, place and person to be questioned and any related matters, and 
the records to be produced at the appointment for questioning.
(4)  The attendance of a person to be questioned and the records to be 
produced at the appointment for questioning may be required by an 
order under rule 6.38.
Payment of allowance
6.17(1)  When a notice of appointment for questioning is served, an 
allowance must be paid by the questioning party to or on behalf of the 
person to be questioned, unless the Court dispenses with an allowance.
(2)  If an allowance is not paid, the person who is the subject of the 
notice of appointment for questioning need not attend the appointment 
unless ordered to do so by the Court.
(3)  The allowance to be paid is
	(a)	the amount determined under Schedule B, or
	(b)	if there is a dispute over the amount to be paid, the amount 
ordered by the Court.
Lawyer's responsibilities
6.18(1)  If a lawyer is served with a notice of appointment for 
questioning and an allowance is also paid, the lawyer must,
	(a)	as soon as practicable, inform the person to be questioned 
about the appointment, and
	(b)	use the allowance only for the purpose for which it is paid.
(2)  If a person to be questioned does not attend the appointment for 
questioning, the allowance must, unless the parties otherwise agree or 
the Court otherwise orders, be repaid to the person who paid it by
	(a)	the lawyer, or
	(b)	if the lawyer paid the allowance to another person, that other 
person.
Interpreter
6.19(1)  If a person to be questioned will not be able to understand the 
questions or be able to answer the questions without the aid of an 
interpreter, the person to be questioned must give reasonable notice of 
that fact to the party who served the notice of appointment for 
questioning, and the questioning party must then notify every other 
party that an interpreter will be present.
(2)  The questioning party must provide an interpreter
	(a)	who is impartial and competent, and
	(b)	who takes an oath to interpret the questions and answers 
correctly and honestly.
(3)  The cost of the interpreter must initially be borne by the 
questioning party.
Form of questioning and transcript
6.20(1)  A person questioned on an affidavit under this Part or a 
person questioned as a witness for the purpose of obtaining a transcript 
under this Part for use at a hearing may also be questioned by any 
other party, and the person questioned may then be questioned again 
by the questioning party on that person's answers to the questions of 
other parties.
(2)  Questioning and questioning again under this rule by parties 
adverse in interest may take the form of cross-examination.
(3)  The questions and answers must be recorded word for word by a 
person qualified to do so
	(a)	by a method that is capable of producing a written transcript, 
and
	(b)	in a manner agreed on by the parties or directed by the Court.
(4)  The person recording the oral questioning must
	(a)	keep in safe custody the recorded questioning,
	(b)	if required to do so, honestly and accurately transcribe the 
recorded questioning and deliver a copy of the transcript, as 
required, and
	(c)	on or attached to any transcript
	(i)	state the person's name,
	(ii)	specify the date and place where the questioning 
occurred, and
	(iii)	certify the transcript, or the portion of the questioning 
transcribed, as complete and accurate.
(5)  The questioning party must
	(a)	make necessary arrangements for the questioning to be 
recorded, and
	(b)	file the transcript unless the Court otherwise orders.
(6)  A person is qualified to record and transcribe oral questioning 
under this Part if the person is
	(a)	an official court reporter,
	(b)	a person appointed by the Court as an examiner under the 
Alberta Rules of Court (AR 390/68), or
	(c)	a shorthand writer, sworn to record the questioning word for 
word and to impartially fulfil the duties imposed by subrule 
(4), who
	(i)	is an agent or employee of an official court reporter, or
	(ii)	has been approved by the parties.
Division 2 
Preserving Evidence and Obtaining 
Evidence Outside Alberta
Preserving evidence for future use
6.21(1)  The Court may order that a person be questioned, under oath,
	(a)	for the purpose of preserving evidence, or
	(b)	for any other purpose satisfactory to the Court.
(2)  An order may be made under subrule (1)(a)
	(a)	if the person to be questioned is or might be unable to give 
evidence before the Court because of accident, ill health or 
disability, or if there is the likelihood that the person might 
die before being required to give evidence,
	(b)	if the person to be questioned is within the Court's 
jurisdiction when the application is filed, but will be or might 
be beyond the Court's jurisdiction when the person is 
required to give evidence,
	(c)	if, considering the evidence to be given, the expense and 
inconvenience of bringing the person to give evidence is not 
warranted, or
	(d)	for any other purpose the Court considers appropriate.
Obtaining evidence outside Alberta
6.22(1)  On application, the Court may order the evidence of a person 
to be taken outside Alberta for the purpose of one or more of the 
following:
	(a)	questioning under rule 5.17;
	(b)	an application;
	(c)	an originating application;
	(d)	trial;
	(e)	any other purpose that the Court considers appropriate.
(2)  In making its decision on the application, the Court must consider
	(a)	the convenience of the person to be questioned,
	(b)	whether the person is or might be unable to give evidence 
before the Court because of accident, ill health or disability, 
or if there is the likelihood that the person might die before 
giving evidence,
	(c)	whether the person might be beyond the jurisdiction of the 
Court when the person is required to give evidence,
	(d)	regarding the evidence to be given, and the expense and 
inconvenience of bringing the person to give evidence,
	(e)	whether the witness should give evidence in person, and
	(f)	any other sufficient reason for granting or refusing the 
application.
(3)  The Court may determine
	(a)	the date, time and place of the questioning,
	(b)	the minimum notice to be given to the person to be 
questioned of the date, time and place of the questioning,
	(c)	the person before whom the questioning is to be conducted,
	(d)	the amount of the allowance to be paid to the person to be 
questioned, and
	(e)	any other matter that needs to be resolved about the 
questioning.
(4)  An order under this rule must be in Form 31, filed and served, and 
may
	(a)	authorize the taking of evidence before a named person,
	(b)	give instructions to the person named to take evidence and to 
have a transcript of the evidence prepared,
	(c)	order the production of records applicable to the questioning, 
and
	(d)	authorize a letter of request in Form 30 to be sent to the 
judicial authority of the jurisdiction in which the person to be 
questioned is located, requesting the necessary order or 
document to be issued to require the person to be questioned 
to attend before the person authorized to take evidence and, if 
necessary, to produce records.
Duties of person authorized to take evidence
6.23(1)  A person authorized to take evidence under rule 6.22 must, to 
the extent that it is possible to do so, conduct the questioning in 
accordance with these rules, the law of evidence of Alberta, and the 
terms of the authorization unless
	(a)	another form of questioning is required by the Court, or
	(b)	the law of the place where the questioning is conducted 
otherwise requires.
(2)  On or attached to the transcript, the person preparing the transcript 
must
	(a)	state the person's name,
	(b)	specify the date and place where the transcript was prepared, 
and
	(c)	certify the transcript as complete and accurate.
(3)  As soon as the transcript of the questioning is prepared and 
certified as complete and accurate, the person authorized to take 
evidence must
	(a)	return the authorization, together with the original transcript 
and exhibits, to the court clerk of the judicial centre in which 
the action is located,
	(b)	keep a copy of the transcript and, where practicable, the 
exhibits, and
	(c)	notify the parties who appeared at the questioning that the 
transcript is complete and has been sent to the court clerk.
Assistance to judicial authorities outside Alberta
6.24   If a judicial authority in another jurisdiction requests or 
authorizes a request to be made to the Court for the Court's assistance 
in obtaining evidence from a person in Alberta for use in a court or 
other proceeding outside Alberta, the Court may make any order that it 
considers appropriate, including any one or more of the following:
	(a)	requiring a person to attend for questioning, under oath, 
which may take the form of cross-examination;
	(b)	requiring a person to produce records;
	(c)	requiring a transcript of the questioning to be prepared;
	(d)	specifying the manner in which questioning is to be 
conducted.
Division 3 
Preserving and Protecting Property or its 
Value and Inspection of Property
Preserving or protecting property or its value
6.25(1)  On application, the Court may make one or more of the 
following orders:
	(a)	an order for the preservation or custody of property that is in 
dispute or that may be evidence in an action;
	(b)	an order that the amount in dispute or other amount be paid 
into Court or that security be given to the Court or to a 
person named by the Court, in a form and manner 
satisfactory to the Court, including an amount for interest, 
costs and other expenses;
	(c)	an order for the sale of property and payment of the proceeds 
into Court if the property is perishable, likely to deteriorate 
or likely to lose its value, or for any other reason should be 
sold;
	(d)	if property is sought to be retained or attached under a lien or 
otherwise as security for money, an order
	(i)	that the person otherwise entitled to possession of the 
property be given possession,
	(ii)	that possession of the property be given to a party 
pending the outcome of the action on payment of an 
amount into Court or on security being given to the 
Court, or
	(iii)	that possession be given to a person named by the Court 
in a form and manner satisfactory to the Court;
	(e)	an order to enter land or premises for the purpose of carrying 
out an order under this rule.
(2)  If the right of a party to a specific fund is in question, the Court 
may order that the fund be paid into Court or that security be given for 
it to the Court or to a person named by the Court in a form and manner 
and in an amount satisfactory to the Court.
Inspection or examination of property
6.26   On application, the Court may make one or more of the 
following orders:
	(a)	an order to inspect property, including an inspection by a 
judge or jury, or both, at trial, if the inspection is advisable to 
decide a question in dispute in an action, application or 
proceeding;
	(b)	an order to take samples, make observations or undertake 
experiments for the purpose of obtaining information or 
evidence, or both;
	(c)	an order to enter land or premises for the purpose of carrying 
out an order under this rule.
Notice before disposing of anything held by the Court
6.27(1)  On application, the Court may direct that money or other 
personal property held by the Court not be paid out or disposed of 
without notice being served on the applicant.
(2)  The applicant must be a person who
	(a)	is interested in the money or other personal property held by 
the Court, or
	(b)	is seeking to have the money or personal property applied to 
satisfy a judgment or order or a writ of enforcement against 
the person on whose behalf the money or personal property is 
held.
(3)  The applicant
	(a)	must file an affidavit verifying the facts relied on in the 
application, and
	(b)	may make the application without serving notice of the 
application on any other person.
Division 4 
Restriction on Media Reporting and Public 
Access to Court Proceedings
Application of this Division
6.28   Unless an enactment otherwise provides or the Court otherwise 
orders, this Division applies to an application for an order
	(a)	to ban publication of court proceedings,
	(b)	to seal or partially seal a court file,
	(c)	permitting a person to give evidence in a way that prevents 
that person or another person from being identified,
	(d)	for a hearing from which the public is excluded, or
	(e)	for use of a pseudonym.
Restricted court access applications and orders
6.29   An application under this Division is to be known as a restricted 
court access application and an order made under this Division is to be 
known as a restricted court access order.
When restricted court access application may be filed
6.30   A person may file a restricted court access application only if a 
judge has authority to make a restricted court access order under an 
enactment or at common law.
Timing of application and service
6.31   An applicant for a restricted court access order must, 5 days or 
more before the date scheduled for the hearing, trial or proceeding in 
respect of which the order is sought,
	(a)	file the application in Form 32, and
	(b)	unless the Court otherwise orders, serve every party and any 
other person named or described by the Court.
Notice to media
6.32   When a restricted court access application is filed, notice of it, 
in Form 32, must be served on the court clerk, who must, in 
accordance with the direction of the Chief Justice, give notice of the 
application to
	(a)	the electronic and print media identified or described by the 
Chief Justice, and
	(b)	any other person named by the Court.
Judge assigned to application
6.33   A restricted court access application must be heard and decided 
by
	(a)	the judge assigned to hear the application, trial or other 
proceeding in respect of which the restricted court access 
order is sought,
	(b)	if the assigned judge is not available or no judge has been 
assigned, the case management judge for the action, or
	(c)	if there is no judge available to hear the application as set out 
in clause (a) or (b), the Chief Justice or a judge designated 
for the purpose by the Chief Justice.
Application to seal or unseal court files
6.34(1)  An application to seal an entire court file or an application to 
set aside all or any part of an order to seal a court file must be filed.
(2)  The application must be made to
	(a)	the Chief Justice, or
	(b)	a judge designated to hear applications under subrule (1) by 
the Chief Justice.
(3)  The Court may direct
	(a)	on whom the application must be served and when,
	(b)	how the application is to be served, and
	(c)	any other matter that the circumstances require.
Persons having standing at application
6.35   The following persons have standing to be heard when a 
restricted court access application is considered
	(a)	a person who was served or given notice of the application;
	(b)	any other person recognized by the Court who claims to have 
an interest in the application, trial or proceeding and whom 
the Court permits to be heard.
Confidentiality of information
6.36   Information that is the subject of the initial restricted court 
access application must not be published without the Court's 
permission.
Division 5 
Facilitating Proceedings
Notice to admit
6.37(1)  A party may, by notice in Form 33, call on any other party to 
admit for the purposes of an application, originating application, 
summary trial or trial, either or both of the following:
	(a)	any fact stated in the notice, including any fact in respect of a 
record;
	(b)	any written opinion included in or attached to the notice, 
which must state the facts on which the opinion is based.
(2)  A copy of the notice must be served on each of the other parties.
(3)  Each of the matters for which an admission is requested is 
presumed to be admitted unless, within 20 days after the date of 
service of the notice to admit, the party to whom the notice is 
addressed serves on the party requesting the admission a statement that
	(a)	denies the fact or the opinion, or both, for which an 
admission is requested and sets out in detail the reasons why 
the fact cannot be admitted or the opinion cannot be 
admitted, as the case requires, or
	(b)	sets out an objection on the ground that some or all of the 
matters for which admissions are requested are, in whole or 
in part,
	(i)	privileged, or
	(ii)	irrelevant, improper or unnecessary.
(4)  A copy of the statement must be served on each of the other 
parties.
(5)  A denial by a party must fairly meet the substance of the requested 
admission and, when only some of the facts or opinions for which an 
admission is requested are denied, the denial must specify the facts or 
opinions that are admitted and deny only the remainder.
(6)  A party may amend or withdraw an admission or denial made 
under this rule only
	(a)	with the Court's permission, or
	(b)	by agreement of the parties.
(7)  An admission under this rule is made only for the specific purpose 
for which it is made and may not be used as an admission against the 
party making it on any other occasion, or in favour of a person other 
than the person requesting the admission, without the agreement of the 
party making the admission.
(8)  On application, the Court may set aside a notice to admit.
Requiring attendance for questioning
6.38(1)  On application, the Court may order a person to attend for 
questioning at a date, time and place specified by the Court, if the 
person
	(a)	is required to be questioned under these rules,
	(b)	was served with a notice of appointment for questioning in 
Form 29 under these rules,
	(c)	was provided with an allowance, determined in accordance 
with Schedule B, if so required by these rules, and
	(d)	did not attend the appointment, attended the appointment but 
refused to answer or fully answer proper questions or did not 
bring a record required to be brought to the questioning.
(2)  The Court may order the person to be questioned to bring records 
to the questioning that the person could be required to produce at trial.
Order to produce prisoner
6.39   On application, the Court may order the person having custody 
of a prisoner to produce that person, at a time and place specified by 
the Court, for a trial, for hearing, or for questioning authorized by these 
rules.
Division 6 
Resources to Assist the Court
Subdivision 1 
Court Experts
Appointment of court expert
6.40(1)  The Court may appoint a person as a court expert to give 
evidence on a matter.
(2)  The court expert must give independent evidence to the Court.
(3)  If possible, the parties must agree on the court expert to be 
appointed under subrule (1).
(4)  The appointment of a court expert does not affect the right of a 
party to call the party's own expert as a witness.
(5)  If the court expert is a health care professional, the court expert has 
all the authority and responsibility conferred on a health care 
professional by these rules.
Instructions or questions to court expert
6.41(1)  If the parties do not agree on the directions or instructions to 
be given or questions to be put to a court expert, the Court may decide 
what directions or instructions are to be given or questions are to be 
put to the court expert.
(2)  The Court may give any direction or instruction or pose any 
question to the court expert that the Court considers necessary, whether 
the parties agree or not.
(3)  The court expert's report
	(a)	must be in writing, verified by affidavit,
	(b)	must be served on the parties by the court clerk, and
	(c)	is admissible in evidence.
Application to question court expert
6.42(1)  Within 20 days after receipt of a copy of the court expert's 
report, a party may apply to the Court to question the court expert on 
the report.
(2)  The Court may order the questioning of the court expert before or 
at a hearing of an application or originating application or before or at 
trial.
(3)  The questioning may take the form of cross-examination.
Costs of court expert
6.43   The costs of a court expert are to be paid by the parties in equal 
proportions unless the Court otherwise orders.
Subdivision 2 
Referees
Persons who are referees
6.44   The following are referees for the purposes of these rules:
	(a)	a master;
	(b)	a court clerk;
	(c)	a person appointed as a referee by the Lieutenant Governor in 
Council;
	(d)	a person appointed as a referee by the Court with the 
agreement of all parties.
References to referee
6.45(1)  The Court may refer a question or matter to a referee or order 
an inquiry to be conducted or an account to be taken by a referee.
(2)  Subject to an order of the Court, the referee may do all or any of 
the following:
	(a)	hold an inquiry at, or adjourn the inquiry to, any convenient 
time and place;
	(b)	inspect and verify records;
	(c)	inspect, examine or take a view of property;
	(d)	conduct an accounting or verify accounts;
	(e)	make any determination required;
	(f)	do anything else required to answer a question or respond to 
a matter in accordance with the reference or order.
(3)  The Court may
	(a)	give any directions for the conduct of the matter it considers 
necessary, and
	(b)	prescribe the fees and expenses to be paid to the referee, if 
any, and who is to pay them.
(4)  Proceedings before a referee, as nearly as circumstances allow, are 
to be conducted in the same way proceedings are conducted before a 
Court.
Referee's report
6.46(1)  The referee must make a report to the Court on the question 
or matter referred to the referee, and a copy of the report must be filed 
and served on the parties to the question or matter.
(2)  After the referee's report has been served, a party may apply to the 
Court for an order
	(a)	adopting the referee's report in whole or in part;
	(b)	varying the report;
	(c)	requiring an explanation from the referee;
	(d)	remitting the whole or part of the question or matter referred 
to the referee for further consideration by the referee or by 
any other referee;
	(e)	deciding the question or matter referred to the referee on the 
evidence taken before the referee either with or without 
additional evidence.
(3)  Notice of the application must be served on every party to the 
question or matter referred to the referee 10 days or more before the 
application is scheduled to be heard.
Division 7 
Court-appointed Receiver
Court-appointed receiver
6.47   If a Court appoints a receiver other than under an enactment, the 
Court may, in addition to a procedural order,
	(a)	prescribe the compensation payable to the receiver and who 
is to pay it;
	(b)	require the receiver to provide security;
	(c)	require the receiver to file financial accounts and reports with 
the court clerk at the times and subject to the scrutiny ordered 
by the Court;
	(d)	order payment to or disallow all or part of a payment to the 
receiver;
	(e)	order a hearing to be held with respect to any matter for 
which the receiver was appointed or is responsible;
	(f)	make any other order or direction that the circumstances 
require.
Division 8 
Replevin
Application of this Division
6.48   This Division applies to an application in an action
	(a)	for the recovery of personal property in which the applicant 
claims that the property was unlawfully taken or is 
unlawfully detained, and
	(b)	in which the applicant seeks to repossess the personal 
property in issue immediately, pending determination of the 
action described in clause (a).
Application for replevin order
6.49(1)  A party may apply to the Court for a replevin order without 
serving notice of the application on any other party unless the Court 
otherwise orders.
(2)  The application for a replevin order must include in the application 
an undertaking
	(a)	to conclude the action for recovery of the personal property 
without delay,
	(b)	to return the personal property to the respondent if ordered to 
do so, and
	(c)	to pay damages, costs and expenses sustained by the 
respondent as a result of the replevin order if the applicant is 
not successful in the action for recovery of the personal 
property and the Court so orders.
(3)  The application for a replevin order must be supported by an 
affidavit that
	(a)	sets out the facts respecting the wrongful taking or detention 
of the personal property,
	(b)	contains a clear and specific description of the personal 
property and its value, and
	(c)	describes the applicant's ownership or entitlement to lawful 
possession of the personal property.
Replevin order
6.50(1)  A replevin order must
	(a)	include a clear and specific description of the personal 
property to be repossessed,
	(b)	impose on the applicant the following duties:
	(i)	to conclude the action for recovery of the personal 
property without delay, and
	(ii)	to return the personal property to the respondent if 
ordered to do so,
	(c)	include a requirement to pay damages, costs and expenses 
sustained by the respondent as a result of the replevin order if 
the applicant is not successful in the action for recovery of 
the personal property and if the Court so orders, and
	(d)	require the applicant to provide, to the person from whom the 
personal property is to be repossessed, security in a form 
satisfactory to the Court, which may include, without 
limitation, a bond, a letter of undertaking or payment into 
Court.
(2)  A replevin order may also include either or both of the following:
	(a)	an order to a civil enforcement agency to make a report on its 
enforcement or attempted enforcement of the replevin order;
	(b)	the value of the personal property.
(3)  If the replevin order is made without notice to the respondent, the 
Court must specify a date, not more than 20 days after the date the 
order is granted, on which the order will expire.
(4)  The applicant must file an affidavit or other evidence that the order 
requiring security has been complied with.
(5)  The replevin order is not effective until the affidavit or evidence of 
the security has been filed and the affidavit or evidence has been 
served on
	(a)	the respondent, and
	(b)	a civil enforcement agency.
Enforcement of replevin order
6.51(1)  Only a civil enforcement agency has authority to enforce a 
replevin order.
(2)  A civil enforcement agency must take possession of personal 
property that is the subject of the replevin order in accordance with the 
order and, as soon as practicable, must serve notice on the applicant.
(3)  Unless the Court otherwise orders, if an order for possession of the 
personal property to be given to the applicant is not made within one 
month after the civil enforcement agency serves notice of taking 
possession of it, the civil enforcement agency must return the personal 
property to the respondent.
Respondent may apply for remedy
6.52   If the respondent did not receive notice of the application for a 
replevin order, or in any other circumstance with the Court's prior 
permission, the respondent may apply to the Court for an order
	(a)	to discharge or amend the replevin order,
	(b)	to stay the application for a replevin order,
	(c)	to return, keep safe or sell the personal property or any part 
of it, or
	(d)	for any other remedy relating to the personal property.
Expiry of replevin order
6.53   A replevin order
	(a)	obtained without notice to the respondent, expires in 
accordance with its terms unless it is extended by the Court, 
or
	(b)	obtained after notice of the application for the replevin order 
was served on the respondent, expires on the earlier of
	(i)	the dismissal of the action, and
	(ii)	2 months after the date on which judgment in favour of 
the applicant is entered.
Division 9 
Interpleader
Definitions
6.54   In this Division,
	(a)	"applicant" means an originating applicant or applicant for an 
interpleader order, as the context requires;
	(b)	"application for an interpleader order" means an application 
filed under rule 6.56, whether an originating application or an 
application;
	(c)	"claimant" means a person who files or is expected to file an 
adverse claim against personal property;
	(d)	"instructing creditor" has the same meaning as it has in the 
Civil Enforcement Act;
	(e)	"personal property" includes a debt;
	(f)	"related writ" has the same meaning as it has in the Civil 
Enforcement Act;
	(g)	"writ proceedings" has the same meaning as it has in the 
Civil Enforcement Act.
Nature of application for interpleader order
6.55(1)  An application for an interpleader order must be filed
	(a)	as an originating application if the applicant is not a party to 
an action respecting the personal property that is the subject 
of the application, or
	(b)	as an application if the applicant is a party to an action 
respecting the personal property.
(2)  An application for an interpleader order or an application to 
determine the rights of the various claimants may be filed under rule 
6.56 and an order may be made even if the respondent to the 
application has provided security or an indemnity to the applicant.
Application for interpleader order
6.56(1)  A person may apply to the Court for an interpleader order in 
respect of personal property if
	(a)	2 or more claimants have filed or are expected to file adverse 
claims in respect of the personal property, and
	(b)	the applicant
	(i)	claims no beneficial interest in the personal property, 
other than a lien for costs, fees or expenses, and
	(ii)	is willing to deposit the personal property with the 
Court or dispose of it as the Court orders.
(2)  An application for an interpleader order in Form 34 must be filed 
and served on all the claimants and must direct those claimants to
	(a)	appear before the Court, and
	(b)	state the nature and particulars of their claim.
(3)  The applicant must file an affidavit in support of the application.
Interpleader applicant not disentitled
6.57   An applicant for an interpleader order is not disentitled to a 
remedy solely because the titles of the claimants to personal property 
do not have a common origin but are adverse to and independent of 
one another.
Interpleader order
6.58(1)  On hearing an application for an interpleader order the Court 
may do any one or more of the following:
	(a)	determine, summarily or otherwise, any issue;
	(b)	direct a trial of an issue specifying
	(i)	which party will be plaintiff or applicant and which 
party will be defendant or respondent, and
	(ii)	the pleadings, affidavits or documents to be filed;
	(c)	declare any party to be owner of the personal property;
	(d)	direct or otherwise provide for the satisfaction or payment of 
a lien or charges of the applicant;
	(e)	make a procedural order or any other order that the Court 
considers appropriate in the circumstances, including
	(i)	giving directions to the applicant,
	(ii)	a declaration as to the liability of a person, and
	(iii)	a release or extinguishment of liability of a person.
(2)  If a claimant
	(a)	does not appear at the hearing of the application after having 
been served with a notice to attend, or
	(b)	having appeared, does not comply with an order,
the Court may make an order declaring the claimant and all persons 
claiming under the claimant to be barred from taking further 
interpleader proceedings as against the plaintiff or applicant and as 
against all persons claiming under the plaintiff or applicant.
(3)  An order under subrule (2) does not affect the rights of claimants 
as between themselves.
Civil enforcement agency application
6.59(1)  If a civil enforcement agency or other person charged with 
carrying out writ proceedings or acting under the Court's authority 
receives from one or more persons a claim, other than an objection 
under the Civil Enforcement Act, with respect to personal property 
under seizure pursuant to the Civil Enforcement Act, the civil 
enforcement agency or that other interested person may apply to the 
Court for an interpleader order.
(2)  If a civil enforcement agency receives a claim for which the civil 
enforcement agency may apply for an interpleader order, instead of 
initially proceeding under subrule (1), the civil enforcement agency 
may do the following:
	(a)	the civil enforcement agency may by written notice in Form 
35 served on the instructing creditor direct the instructing 
creditor to apply to the Court to determine the rights of the 
various claimants;
	(b)	if an instructing creditor on whom a written notice is served 
under clause (a) fails to apply to the Court in accordance with 
the notice, the civil enforcement agency may by written 
notice served on the holders of related writs direct the holders 
of the related writs to apply to the Court for an order 
determining the rights of the various claimants;
	(c)	if neither the instructing creditor nor the holder of a related 
writ on whom a notice is served under this subrule obtains an 
order determining the rights of the various claimants, the 
civil enforcement agency may
	(i)	apply under subrule (1) for an interpleader order, or
	(ii)	release the personal property from seizure.
(3)  If the civil enforcement agency gives a direction under subrule (2), 
an instructing creditor or a holder of a related writ, as the case may be, 
may apply to the Court for an interpleader order.
Several claims combined
6.60   If a civil enforcement agency or other person charged with 
carrying out writ proceedings or acting under the Court's authority 
intends to make an application for an interpleader order in respect of 
personal property against which there is more than one claim, the civil 
enforcement agency or that other person must, unless the Court 
otherwise orders,
	(a)	make only one application for an interpleader order in respect 
of all the claims, and
	(b)	join all the judgment creditors as parties to the application for 
the interpleader order.
Enforcement from different courts
6.61   If there are writs arising out of judgments or orders from more 
than one court against the same personal property, whether on behalf 
of the same or different plaintiffs or applicants,
	(a)	any application for an interpleader order must be filed, and
	(b)	the Court, after the applications are made, must dispose of 
the whole matter as if all of the writs against the personal 
property had been issued from the Court.
Claim by third person
6.62   If a third person who is neither a judgment debtor nor a 
judgment creditor of a judgment debtor makes a claim to personal 
property that is seized by a civil enforcement agency under civil 
enforcement proceedings, the third person must serve on the civil 
enforcement agency a written notice setting out
	(a)	the claim made by the third person, and
	(b)	an address for service of the third person.
Notice by civil enforcement agency
6.63(1)  On being served with notice of a claim under rule 6.62, a civil 
enforcement agency must immediately serve written notice of the 
claim on the person who instructed that civil enforcement proceedings 
be taken and on all other holders of related writs.
(2)  If a person on whom notice of a claim is served under subrule (1) 
wishes to
	(a)	dispute the claim, or
	(b)	assert priority over the claim,
that person must, within 20 days after service of the notice of the 
claim, serve on the civil enforcement agency a written notice disputing 
the claim or asserting priority over it.
(3)  A person on whom notice of a claim is served under subrule (1) 
may serve on the civil enforcement agency a written notice stating that 
the person admits or does not dispute the claim.
(4)  Despite subrule (3), a person on whom notice of a claim is served 
under subrule (1) is presumed to admit the claim if that person does 
not, within 20 days after service of the notice, serve on the civil 
enforcement agency a written notice disputing the claim.
(5)  If a civil enforcement agency has served notice of a claim under 
subrule (1) and is satisfied that none of the persons on whom the notice 
is served is disputing the claim, the civil enforcement agency may 
release from seizure the personal property in respect of which the 
claim was made.
(6)  If the person who instructed that the proceedings be taken does not 
dispute the claim but another person on whom notice of a claim is 
served under subrule (1) does dispute the claim, that other person may 
instruct the civil enforcement agency to continue seizure of the 
personal property.
(7)  On receiving instructions from another person under subrule (6) to 
continue a seizure, the civil enforcement agency must continue the 
seizure if that other person pays the appropriate fees, if any, and meets 
any other conditions that a civil enforcement agency may impose on a 
person who is an instructing creditor.
Security interest
6.64   If a person claims to have a security interest in personal 
property that has been seized under civil enforcement proceedings, the 
Court may
	(a)	order that the personal property be sold and the proceeds of 
the sale be applied to discharge the amount due to the 
claimant if the sale and application of the proceeds of the sale 
are not disputed,
	(b)	order that sufficient money to answer the claim be paid into 
Court pending disposition of the claim, or
	(c)	make any other order that the Court considers appropriate.
Expeditious sale
6.65   At any time during an application for an interpleader order the 
Court, on application, may order that
	(a)	a civil enforcement agency expeditiously sell or dispose of 
personal property if the Court considers it appropriate to do 
so, and
	(b)	the proceeds of the sale or disposal of the personal property, 
less any reasonable costs of the sale or disposal, take the 
place of the personal property that was sold or disposed of.
Part 7 
Resolving Claims Without Full Trial
Division 1 
Trial of Particular Questions or Issues
Application to resolve particular questions or issues
7.1(1)  On application, the Court may
	(a)	order a question or an issue to be heard or tried before, at or 
after a trial for the purpose of
	(i)	disposing of all or part of a claim,
	(ii)	substantially shortening a trial, or
	(iii)	saving expense,
	(b)	in the order or in a subsequent order
	(i)	define the question or issue, or
	(ii)	in the case of a question of law, approve or modify the 
issue agreed by the parties,
	(c)	stay any other application or proceeding until the question or 
issue has been decided, or
	(d)	direct that different questions of fact in an action be tried by 
different modes.
(2)  If the question is a question of law, the parties may agree
	(a)	on the question of law for the Court to decide,
	(b)	on the remedy resulting from the Court's opinion on the 
question of law, or
	(c)	on the facts or that the facts are not in issue.
(3)  If the Court is satisfied that its determination of a question or issue 
substantially disposes of a claim or makes the trial of the issue 
unnecessary, it may
	(a)	strike out a claim or order a commencement document or 
pleading to be amended,
	(b)	give judgment on all or part of a claim and make any order it 
considers necessary,
	(c)	make a determination on a question of law, or
	(d)	make a finding of fact.
(4)  Part 5, Division 2 applies to an application under this rule unless 
the parties otherwise agree or the Court otherwise orders.
Division 2 
Summary Judgment
Application for judgment
7.2   On application, the Court may at any time in an action give 
judgment or an order to which an applicant is entitled when
	(a)	admissions of fact are made in a pleading or otherwise, or
	(b)	the only evidence consists of records and an affidavit is 
sufficient to prove the authenticity of the records in which the 
evidence is contained.
Application and decision
7.3(1)  A party may apply to the Court for summary judgment in 
respect of all or part of a claim on one or more of the following 
grounds:
	(a)	there is no defence to a claim or part of it;
	(b)	there is no merit to a claim or part of it;
	(c)	the only real issue is the amount to be awarded.
(2)  The application must be supported by an affidavit swearing 
positively that one or more of the grounds described in subrule (1) 
have been met or by other evidence to the effect that the grounds have 
been met.
(3)  If the application is successful the Court may, with respect to all or 
part of a claim, and whether or not the claim is for a single and 
undivided debt, do one or more of the following:
	(a)	dismiss one or more claims in the action or give judgment for 
or in respect of all or part of the claim or for a lesser amount;
	(b)	if the only real issue to be tried is the amount of the award, 
determine the amount or refer the amount for determination 
by a referee;
	(c)	if judgment is given for part of a claim, refer the balance of 
the claim to trial or for determination by a referee, as the 
circumstances require.
Proceedings after summary judgment against party
7.4   If summary judgment is given against one or more defendants or 
plaintiffs, the action may be continued by or with respect to any 
plaintiff or defendant not bound by the judgment.
Division 3 
Summary Trials
Application for judgment by way of summary trial
7.5(1)  A party may apply to a judge for judgment by way of a 
summary trial on an issue, a question, or generally.
(2)  The application must
	(a)	be in Form 36,
	(b)	specify the issue or question to be determined, or that the 
claim as a whole is to be determined,
	(c)	include reasons why the matter is suitable for determination 
by way of summary trial,
	(d)	be accompanied with an affidavit or any other evidence to be 
relied on, and
	(e)	specify a date for the hearing of the summary trial scheduled 
by the court clerk, which must be one month or longer after 
service of notice of the application on the respondent.
(3)  The applicant may not file anything else for the purposes of the 
application except
	(a)	to adduce evidence that would, at trial, be admitted as 
rebuttal evidence, or
	(b)	with the Court's permission.
Response to application
7.6   The respondent to an application for judgment by way of a 
summary trial must, 10 days or more before the date scheduled for the 
hearing of the application, file and serve on the applicant any affidavit 
or other evidence on which the respondent intends to rely at the 
hearing of the application.
Application of other rules
7.7(1)  Part 5, Division 2 applies to an application under this Division 
unless the parties otherwise agree or the Court otherwise orders.
(2)  Part 6 applies to an application under this Division except to the 
extent that it is modified by this Division.
Objection to application for judgment by way of summary trial
7.8(1)  The respondent to an application for judgment by way of a 
summary trial may object to the application at or before the hearing of 
the application on either or both of the following grounds:
	(a)	the issue or question raised in the claim, or the claim 
generally, is not suitable for a summary trial;
	(b)	a summary trial will not facilitate resolution of the claim or 
any part of it.
(2)  Notice of the objection and anything on which the objector intends 
to rely must be filed and served on the applicant 5 days or more before 
the objection is scheduled to be heard.
(3)  The Court must dismiss the objection if, in the Court's opinion,
	(a)	the issue or question raised in the claim, or the claim 
generally, is suitable for a summary trial, and
	(b)	the summary trial will facilitate resolution of the claim or a 
part of it.
Decision after summary trial
7.9(1)  After a summary trial, the judge may
	(a)	dismiss the application for judgment, or
	(b)	grant the application and give judgment in favour of a party, 
either on an issue or generally.
(2)  Judgment must be granted after a summary trial unless
	(a)	the application is dismissed,
	(b)	on the evidence before the judge, the judge is unable to find 
the facts necessary to decide the issues of fact or law, or
	(c)	the judge is of the opinion that it would be unjust to decide 
the issues on the basis of the summary trial.
Judge remains seized of action
7.10   A judge who has heard an application for judgment by way of a 
summary trial may remain seized of the action.
Order for trial
7.11   A judge, at any stage of a summary trial application, may
	(a)	order the trial of the action generally or on a question or issue 
and give directions with respect to preparation for trial and a 
trial date, or
	(b)	give any procedural order that the circumstances require.
Part 8 
Trial
Division 1 
Mode of Trial
Trial without jury
8.1   Unless the Chief Justice directs that the mode of trial be by jury, 
or in part by jury and in part by judge alone, the trial must be by judge 
alone.
Request for jury trial
8.2(1)  An application for a jury trial under section 17 of the Jury Act 
must be made
	(a)	by written request to the Chief Justice, and
	(b)	before an application is made to the court clerk or a judge to 
set a trial date.
(2)  The request for a jury trial must be accompanied with an affidavit 
that addresses the following issues to the extent that they are 
applicable:
	(a)	whether expert evidence will be called, and if so, how many 
experts are expected to be called;
	(b)	the areas of knowledge or experience on which the experts 
will give evidence;
	(c)	whether interpreters will be required;
	(d)	the number of court days required for the trial if a jury trial is 
ordered.
(3)  The Chief Justice may fix a time for the hearing of an application 
for a jury trial and may make any directions as to the filing of materials 
as the Chief Justice considers appropriate.
(4)  If the Chief Justice grants an order directing that a trial be by jury, 
the order may be with or without conditions and must set the number 
of days to be initially reserved for the jury trial.
(5)  Within one month after an order is granted directing that a trial be 
by jury, the parties must apply to the Chief Justice for appointment of a 
case management judge.
Deposit for jury
8.3(1)  When the Chief Justice grants an order directing that a trial be 
by jury, the party who made the request must, unless otherwise 
ordered, within 10 days after the date the order was granted, deposit 
with the court clerk a sum of money that the court clerk considers 
sufficient to pay the jury's expenses, and if that sum is later determined 
to be insufficient, on notice from the court clerk, pay any further sum 
that the court clerk determines in accordance with the Jury Act 
Regulation (AR 68/83).
(2)  Any money remaining after the court clerk pays the jury's 
expenses must be returned to the person who paid it.
(3)  If the deposit for jury expenses is not paid, the trial must proceed 
without a jury unless the Chief Justice otherwise orders.
Division 2 
Scheduling of Trial Dates
Trial date:  scheduled by court clerk
8.4(1)  The parties may, in Form 37, request the court clerk to 
schedule a date for trial.
(2)  The request must contain at least the following information unless 
otherwise directed by the Court:
	(a)	the anticipated number of witnesses, including the number of 
expert witnesses;
	(b)	the anticipated length of trial;
	(c)	a copy of the pleadings and particulars, if any, for the judge's 
use at trial;
	(d)	if applicable, the order directing that the trial be by jury;
	(e)	the certifications required by subrule (3);
	(f)	any administrative requirements for the trial;
	(g)	any potential conflict of interest a judge may have and the 
reasons for it.
(3)  In addition to the requirements of subrule (2), the parties 
requesting a trial date must
	(a)	provide
	(i)	a certificate that the parties have participated in at least 
one of the dispute resolution processes described in rule 
4.16(1), or
	(ii)	a copy of an order made under 4.16(2) waiving the 
dispute resolution process requirement,
	(b)	certify that questioning under Part 5 is complete,
	(c)	certify that any expert reports have been exchanged and the 
process described in Part 5, Division 2, including questioning 
of experts, is complete,
	(d)	certify that any medical examination and report under Part 5, 
Division 3 is complete,
	(e)	certify that any undertaking given by a person questioned 
under Part 5 has been discharged,
	(f)	certify that they will be ready for trial by a specified date,
	(g)	in the case of a jury trial, certify that the deposit required 
under rule 8.3 has been paid,
	(h)	certify that all amendments to pleadings have been filed and 
served, and
	(i)	certify that all applications related to the action have been 
disposed of and no other pre-trial steps are required.
(4)  If the court clerk is satisfied that subrules (2) and (3) have been 
complied with, the court clerk must schedule a trial date.
(5)  If the parties cannot certify as to the matters referred to in subrule 
(3) but are satisfied that the matter will be completed or undertaking 
discharged in a timely way, the parties must so disclose and may 
request the court clerk to schedule a trial date.
(6)  If the court clerk is satisfied that the parties will or are likely to be 
ready by the proposed trial date, the court clerk may schedule a trial 
date, but if the court clerk is in doubt about any matter, the court clerk 
must refer the matter to a judge for directions or decision.
Trial date:  scheduled by the Court
8.5(1)  On application by a party in Form 38, the Court may set a trial 
date or direct the court clerk to do so if
	(a)	the Court
	(i)	is satisfied that the parties have participated in at least 
one of the dispute resolution processes described in rule 
4.16(1),
	(ii)	has granted an order under rule 4.16(2) waiving the 
dispute resolution process requirement, or
	(iii)	grants an order under rule 4.16(2) in the course of an 
application under this rule,
	(b)	the Court has all the information described in rule 8.4(2) 
except the certifications referred to in rule 8.4(2)(e),
	(c)	with respect to the certification of matters referred to in rule 
8.4(3), the Court
	(i)	receives the necessary certifications,
	(ii)	has sufficient information to schedule a trial date 
without one or more certifications, or
	(iii)	gives directions as required and is satisfied that a trial 
date should be set,
		and
	(d)	the Court is satisfied that the parties will or are likely to be 
ready for trial by the proposed trial date.
(2)  The Court may make any procedural order to expedite or facilitate 
the activities necessary to meet or to obtain a trial date.
Notice of trial date
8.6(1)  When the court clerk or the Court sets a trial date, the court 
clerk must give notice to every party of the date, place and duration set 
for the trial.
(2)  A trial for which a trial date has been scheduled may not be 
adjourned or abandoned unless
	(a)	a notice of discontinuance of the action has been filed,
	(b)	a memorandum of settlement of the action, signed by the 
parties, has been filed, or
	(c)	the Court permits.
(3)  A trial date and the period of time scheduled for the trial may be 
changed only with the Court's permission.
(4)  Subrules (2) and (3) apply whether or not the parties consent to an 
adjournment or to a change in the duration of the trial.
Confirmation of trial date
8.7(1)  Three months or more before the scheduled trial date, each 
party must
	(a)	confirm to the Court, in Form 39, that the party will be ready 
to proceed with the trial on the scheduled trial date, and
	(b)	verify or modify the estimated number of witnesses and the 
estimated duration of the trial.
(2)  If a party proposes an increase in the period of time for the trial, 
the court clerk may confirm the original trial dates or schedule a new 
date to accommodate the increased period of time required.
(3)  If only one party confirms trial readiness, the scheduled date for 
the trial remains unless the Court otherwise orders.
(4)  If no party confirms trial readiness, the trial date is cancelled.
Division 3 
Attendance of Witnesses at Trial
Notice to attend as witness at trial
8.8(1)  A party may serve notice in Form 40 on any person, including 
a party, to attend and give evidence at trial.
(2)  If a person served with notice to attend is represented by a lawyer, 
the notice must also be served on the lawyer.
(3)  The notice to attend must be served 20 days or more before the 
trial date and
	(a)	must state the date, time and place and the period during 
which the person must attend, and
	(b)	may require the person to bring any records that the person 
could be required to produce at trial.
(4)  The notice to attend must be served in accordance with a method 
of service for commencement documents described in Part 11.
(5)  Unless these rules otherwise require or the Court otherwise orders, 
the notice to attend must be accompanied with an allowance 
determined in accordance with Schedule B or the allowance must be 
delivered to the person required to attend, or to a representative of the 
person, 10 days or more before the trial date.
Requiring attendance of witnesses
8.9(1)  The Court may order a person to attend trial as a witness, or 
direct a peace officer to apprehend a person anywhere in Alberta, if the 
Court is satisfied that
	(a)	proper service of the notice to attend and payment of an 
allowance, both of which may be proved by an affidavit, 
were effected in compliance with rule 8.8,
	(b)	the person did not attend or remain in attendance at the trial 
in accordance with the notice, and
	(c)	the presence of the person is necessary.
(2)  The Court may order one or more of the following:
	(a)	that the person be brought immediately, or at a time 
specified, before the Court or before a person named by the 
Court;
	(b)	that the person bring records described in the order that the 
person could be required to produce at trial;
	(c)	that the person be detained in custody in accordance with the 
order until the presence of the person is no longer required;
	(d)	that the person be released for a specified purpose on a 
recognizance, with or without sureties, on condition that the 
person appear as ordered;
	(e)	anything else necessary to ensure the attendance of the 
person and production of the records ordered to be produced.
Division 4 
Procedure at Trial
Order of presentation
8.10(1)  Unless the Court directs otherwise, the order of presentation 
at a trial is as follows:
	(a)	the plaintiff may make one opening statement and, subject to 
clause (b), must then adduce evidence;
	(b)	the defendant may make one opening statement either 
immediately after the plaintiff's opening statement and 
before the plaintiff adduces evidence or at the conclusion of 
the plaintiff's evidence;
	(c)	when the plaintiff's evidence is concluded, the defendant 
may make an opening statement if the defendant has not 
already done so immediately after the plaintiff's opening 
statement, and the defendant must then adduce evidence, if 
any;
	(d)	when the defendant's evidence is concluded, the plaintiff 
may adduce evidence, if any, to rebut the defendant's 
evidence;
	(e)	when the defendant's evidence and the plaintiff's rebuttal 
evidence, if any, are concluded, the plaintiff may make a 
closing statement, followed by the defendant's closing 
statement, after which the plaintiff may reply;
	(f)	if the defendant adduces no evidence after the conclusion of 
the plaintiff's evidence, the plaintiff may make a closing 
statement, followed by the defendant's closing statement, 
after which the plaintiff may reply.
(2)  If the burden of proof for all matters in issue in the action is on the 
defendant, the judge may direct a different order of presentation.
(3)  If there are 2 or more plaintiffs or 2 or more defendants separately 
represented, the judge must determine the order of presentation.
Absence of witnesses at trial
8.11   If a person who is served with a notice to attend at trial as a 
witness, with or without records, does not do so, the Court may
	(a)	give judgment or make an order against the party whose 
witness does not attend,
	(b)	continue the trial in the absence of the witness, or 
	(c)	adjourn the trial.
Exclusion of witnesses
8.12(1)  Subject to subrule (2), the judge may exclude a witness from 
the courtroom, other than a party who may be called as a witness, until 
the witness is called to give evidence.
(2)  A witness whose presence is essential to instruct a lawyer in a trial 
may not be excluded from the courtroom, but the judge may require 
that witness to give evidence before any other witnesses are called.
(3)  Nothing in this rule prevents the judge from excluding from the 
courtroom any person who interferes with the trial.
No communication with excluded witnesses
8.13(1)  If a witness is excluded from the courtroom, no person may 
communicate with the witness about evidence given at trial during the 
time that the witness is excluded, except with permission of the judge.
(2)  If there is communication with a witness contrary to subrule (1), 
the judge may strike out or disregard all or part of the evidence of the 
witness or prohibit the witness from giving evidence.
Unavailable or unwilling witness
8.14(1)  Subject to subrules (2) and (3), a party may, with the judge's 
permission, read into evidence all or part of the evidence given at 
questioning conducted under Part 5 as the evidence of the person 
questioned, to the extent that it would be admissible if the person were 
giving evidence in Court, if the person questioned
	(a)	is dead,
	(b)	is unable to give evidence before the Court because of 
accident, ill health or disability,
	(c)	refuses to take an oath or to answer proper questions, or
	(d)	for any other sufficient reason cannot be required to attend at 
the trial.
(2)  Before deciding whether to give permission, the judge must 
consider
	(a)	the general principle that evidence should be presented orally 
in court,
	(b)	how thoroughly the person was questioned under Part 5, and
	(c)	any other appropriate factor.
(3)  The judge may grant permission under this rule only if
	(a)	the fact or facts sought to be proved through the questioning 
under Part 5 are important aspects of the party's case,
	(b)	the fact or facts cannot be proved in any other manner, and
	(c)	the permission is restricted to the portion or portions of the 
questioning that relate to the fact or facts.
Notice of persons not intended to be called as witnesses
8.15(1)  When an adverse inference might be drawn from the failure 
of a party to call a person as a witness, that party may serve on every 
other party a notice of the names of those persons that the party does 
not intend to call as witnesses.
(2)  The notice must be served one month or more before the date the 
trial is scheduled to start.
(3)  The party on whom the notice is served may serve on the party 
who served the notice, within 10 days after service of the notice, a 
statement setting out any objection to the intention not to call a person 
as a witness.
(4)  If the party on whom the notice is served does not respond to the 
notice of intention not to call a person as a witness, the failure to call 
that person as a witness is not to be considered to be adverse to the 
case of the party who served the notice.
(5)  When a party objects to the notice of intention not to call a person, 
the cost of calling that person as a witness must be paid by the party 
who objects, regardless of the result of the claim, issue or question, 
unless the Court decides that the objection is reasonable.
Number of experts
8.16(1)  Unless the Court otherwise permits, no more than one expert 
is permitted to give opinion evidence on any one subject on behalf of a 
party.
(2)  If 2 or more corporate parties are affiliates within the meaning of 
the term "affiliate" in the Business Corporations Act and the corporate 
parties cannot agree, the Court may direct which of the corporate 
parties may call an expert witness.
Proving facts
8.17(1)  A fact to be proved at trial by the evidence of a witness must 
be proved by questioning the witness in Court unless
	(a)	these rules or an enactment otherwise requires or permits,
	(b)	the parties agree to that fact, or
	(c)	the Court otherwise orders.
(2)  The Court may not order that a fact be proved by affidavit 
evidence of a witness if
	(a)	a party, for good reason, wishes to cross-examine the 
witness, and
	(b)	the witness may be required to attend the trial.
(3)  Evidence taken in any other action may be presented at trial but 
only if the party proposing to submit the evidence gives each of the 
other parties written notice of that party's intention 5 days or more 
before the trial is scheduled to start and obtains the Court's permission 
to submit the evidence.
Trial conducted by electronic hearing
8.18   On application under rule 6.10, the Court may permit an 
electronic hearing.
Use of trial evidence in subsequent proceedings
8.19   Evidence at trial may be used in a subsequent application or 
subsequent proceedings in that action.
Application for dismissal at close of plaintiff's case
8.20   At the close of the plaintiff's case, the defendant may request 
the Court to dismiss the action on the ground that no case has been 
made, without being asked to elect whether evidence will be called.
Retrials
8.21(1)  The Court may order that a claim be retried if the jury
	(a)	is unable to reach a verdict,
	(b)	does not answer any question put to it or answers only some 
of the questions, or
	(c)	gives conflicting answers to questions so that judgment 
cannot be pronounced.
(2)  If answers given by a jury entitle a party to judgment on some but 
not all claims, the Court may order judgment to be entered in respect 
of those claims for which answers are given.
Continuing trial without jury
8.22(1)  If for any reason other than the misconduct of a party or the 
party's lawyer a jury trial would be retried, the Court, with the 
agreement of all parties, may continue the trial without a jury.
(2)  If the misconduct of a party or the party's lawyer during a jury trial 
could cause a retrial, the Court, with the agreement of every party 
adverse in interest to the party whose conduct or whose lawyer's 
conduct is complained of, may continue the trial without a jury.
Judgment after jury trial
8.23(1)  When considering an application for judgment following a 
jury trial, the Court may
	(a)	pronounce judgment, or
	(b)	make any order it considers necessary to obtain the 
information to pronounce judgment.
(2)  In pronouncing judgment, the Court may draw inferences of fact 
that are not inconsistent with the jury's findings.
Accidents and mistakes
8.24(1)  If by an accident, mistake or other cause a party does not 
prove a fact or record important to the party's case, the Court may
	(a)	proceed with the trial subject to the fact or record being 
proved as ordered by the Court, or
	(b)	if the action is being tried by a jury, make an order under 
subrule (2).
(2)  The Court may
	(a)	adjourn the jury sittings, or
	(b)	if the fact or record is one the formal proof of which could 
not seriously be challenged,
	(i)	the Court may direct the jury to find a verdict as if the 
fact or record had been proved, and
	(ii)	the jury's verdict then takes effect when the fact or 
record is proved before the Court.
(3)  If a fact or record is not proved as referred to in subrule (2)(b)(ii), 
judgment must be entered for the opposite party unless the Court 
otherwise orders.
(4)  The Court may make a costs award with respect to any issue 
arising out of or as a result of the operation of this rule.
Part 9 
Judgments and Orders
Division 1 
Preparation and Entry of  
Judgments and Orders
Form of judgments and orders
9.1(1)  Judgments and orders must be divided into consecutively 
numbered paragraphs.
(2)  Every judgment and order must include
	(a)	the date on which it was pronounced,
	(b)	the name of the master or judge who made it, and
	(c)	the date of entry.
Preparation of judgments and orders
9.2(1)  The Court may direct which party is to prepare a draft of the 
judgment or order pronounced by the Court, but if the Court does not 
do so, the successful party is responsible for preparing the draft.
(2)  The following rules apply, unless the Court otherwise orders:
	(a)	within 10 days after the judgment or order is pronounced, the 
responsible party must prepare a draft of the judgment or 
order in accordance with the Court's pronouncement and 
serve it on every party in attendance at the hearing, but if the 
responsible party does not prepare and serve the draft then 
any other party may do so;
	(b)	within 10 days after the draft judgment or order is served, 
each party served may
	(i)	approve the draft, or
	(ii)	object to the draft and apply to the Court to set the terms 
of the judgment or order;
	(c)	if a party does not approve or object to the draft judgment or 
order within the 10 days described in clause (b) but all other 
requirements are met and service of the draft is proved, the 
judgment or order may be signed and entered.
Dispute over contents of judgment or order
9.3   If there is a dispute about the contents of a judgment or order, the 
disputants may apply to the Court to resolve the dispute.
Signing judgments and orders
9.4(1)  A judge or master may sign a judgment or order when it is 
pronounced.
(2)  If a judge or master does not sign a judgment or order when it is 
pronounced, the court clerk may sign the judgment or order in any of 
the following circumstances:
	(a)	in a proceeding which a party adverse in interest did not 
attend;
	(b)	if the party adverse in interest approves the form of the 
judgment or order or waives approval of its form;
	(c)	if the Court directs that approval of the form of the judgment 
or order by a party is not required;
	(d)	if the Court directs the court clerk to sign the judgment or 
order.
(3)  In any circumstance other than those described in subrule (2), a 
judgment or order must be signed by a judge or master.
Entry of judgments and orders
9.5(1)  Subject to subrule (2), every judgment and every order is 
entered by filing it with the court clerk, who must make a note in the 
court file of the entry and the date of entry.
(2)  A judgment or order is not to be entered more than 3 months after 
it is pronounced except with the Court's permission, which may only 
be obtained on application and after notice is served on each of the 
other parties.
Effective date of judgments and orders
9.6   Every judgment and every order, whether or not it has been 
entered, comes into effect on
	(a)	the date of pronouncement, or
	(b)	if the Court orders the judgment or order to come into effect 
before or after the date of pronouncement, the date so 
ordered.
Certified copies
9.7(1)  On entry of a judgment or order, the court clerk must, without 
additional charge, certify a copy of it for the party who enters the 
judgment or order.
(2)  A certified copy of a judgment or order has the same effect as the 
original.
Service of judgments and orders
9.8   Unless these rules otherwise provide or the Court otherwise 
orders, the party who enters the judgment or order must serve a copy 
of the entered judgment or order on each of the other parties.
Division 2 
Determination of Damages, Judgment in 
Counterclaims and Judgment Against 
Beneficiaries
Determining damages
9.9   The Court must determine damages for a continuing claim to the 
time the Court makes its determination of the amount.
Judgment for balance on counterclaim
9.10   The Court may give judgment for the balance of money to be 
paid by one party to the other when determining a counterclaim.
Judgment against beneficiaries
9.11   A personal representative or trustee entitled to a judgment or 
order for the administration of an estate or the execution of a trust may 
have the judgment or order made against any person beneficially 
interested in the estate or trust.
Division 3 
Corrections, Further Orders, Setting Aside, 
Varying and Discharging Judgments and 
Orders
Correcting mistakes or errors
9.12   On application, the Court may correct a mistake or error in a 
judgment or order arising from an accident, slip or omission.
Re-opening case
9.13   At any time before a judgment or order is entered, the Court 
may
	(a)	vary the judgment or order, or
	(b)	on application, and if the Court is satisfied there is good 
reason to do so, hear more evidence and change or modify its 
judgment or order or reasons for it.
Further or other order after judgment or order entered
9.14   On application, the Court may, after a judgment or order has 
been entered, make any further or other order that is required, if
	(a)	doing so does not require the original judgment or order to be 
varied, and
	(b)	the further or other order is needed to provide a remedy to 
which a party is entitled in connection with the judgment or 
order.
Setting aside, varying and discharging judgments and orders
9.15(1)  On application, the Court may set aside, vary or discharge a 
judgment or an order, whether final or interlocutory, that was made
	(a)	without notice to one or more parties, or
	(b)	following a trial or hearing at which a party did not appear 
because of an accident or mistake or because of insufficient 
notice of the trial or hearing.
(2)  Unless the Court otherwise orders, the application must be made 
within 20 days after the earlier of
	(a)	the service of the judgment or order on the applicant, and
	(b)	the date the judgment or order first came to the applicant's 
attention.
(3)  The Court may set aside, vary or discharge a judgment in default 
of defence on any terms the Court considers just.
(4)  The Court may set aside, vary or discharge an interlocutory order
	(a)	because information arose or was discovered after the order 
was made,
	(b)	with the agreement of every party, or
	(c)	on other grounds that the Court considers just.
By whom applications are to be decided
9.16   An application under rule 9.12, 9.13, 9.14 or 9.15 must be 
decided by the judge or master who granted the original judgment or 
order unless the Court otherwise orders.
Division 4 
Enforcement of Judgments and Orders
Enforcement:  orders for payment and judgments for payment into Court
9.17(1)  An order for payment may be enforced in any manner in 
which a judgment for the payment of money may be enforced.
(2)  A judgment for the payment of money into Court may be enforced 
in any manner in which a judgment for the payment of money to a 
person may be enforced.
Judgments and orders subject to conditions
9.18(1)  If a judgment or order is made subject to conditions that a 
party must fulfil, a party to whom the conditions apply may not do 
anything further to enforce the judgment or order until
	(a)	the party has filed an affidavit confirming that the conditions 
have been met, or
	(b)	the Court so permits.
(2)  An application to do anything further may be filed without notice 
to any other party unless the Court otherwise orders.
Persons who are not parties
9.19   If a person is not a party to an action but
	(a)	the person obtains an order or an order is obtained in the 
person's favour, the person may enforce the order in the 
same manner as if the person were a party to the action, or
	(b)	the person is subject to a judgment or order granted in respect 
of that action, the judgment or order may be enforced against 
the person in the same manner as if the person were a party 
to the action.
Time writ remains in force
9.20   Unless an enactment otherwise provides, and except for the 
purpose of the enactment, a writ remains in force as long as the 
judgment or order under which the writ was issued is in force.
Application for new judgment or order
9.21(1)  On application, the Court may grant a judgment creditor a 
new judgment or order on a former judgment or any part of it that has 
not been paid.
(2)  The application must require the judgment debtor to show cause 
why a new judgment or order should not be granted.
(3)  Notice of the application must
	(a)	be filed before the expiry of the limitation period under the 
Limitations Act for an action on the judgment, and
	(b)	be served on the judgment debtor by the same method by 
which a commencement document must be served.
(4)  An application under this rule is an application in the original 
action.
(5)  If the judgment debtor does not appear at the hearing of the 
application, the Court may grant the judgment creditor a new judgment 
or order for the amount due and a costs award if the Court is satisfied 
that
	(a)	notice of the application was served on the judgment debtor, 
and
	(b)	the amount has not been paid under the original judgment or 
order.
(6)  If the judgment debtor opposes the judgment creditor's application 
in whole or in part, the Court may
	(a)	give directions for the trial of an issue, and
	(b)	make any procedural order the Court considers necessary.
Application that judgment or order has been satisfied
9.22(1)  On application, the Court may make an order that a judgment 
or order has been satisfied.
(2)  The application must
	(a)	be in Form 41,
	(b)	be filed, and
	(c)	be served on the affected parties by the same method by 
which a commencement document must be served.
(3)  The court clerk must include in the court file a memorandum that a 
judgment or order has been satisfied if
	(a)	the Court so orders, or
	(b)	the judgment creditor or the judgment creditor's lawyer 
acknowledges in writing that the judgment or order has been 
satisfied.
Enforcement against partners' and partnership property
9.23(1)  A judgment or order against a partnership in the partnership 
name may be enforced against the partnership's property.
(2)  A judgment or order against a partnership in the partnership name 
may also be enforced, if the judgment or order or a subsequent 
judgment or order so provides, against a person who was served with a 
notice under rule 2.3 and who, at the time specified in the notice,
	(a)	is presumed to be a partner under rule 2.3,
	(b)	admits to being a partner, or
	(c)	is adjudged to be a partner.
(3)  If after a judgment or order has been made against a partnership in 
the partnership name the party obtaining it claims to be entitled to 
enforce it against a person alleged to be a partner who was not served 
in accordance with rule 2.3(1), the party may apply to the Court to 
enforce the order or judgment against the alleged partner, and even 
though no notice was served under rule 2.3(1), the Court may permit 
the party to enforce the judgment or order
	(a)	if liability of the person as a partner is not disputed, or
	(b)	if liability is disputed, after the liability has been determined 
in the manner directed by the Court.
Fraudulent preferences and fraudulent conveyances
9.24(1)  If a judgment creditor claims to be entitled to relief under the 
Fraudulent Preferences Act or under the Fraudulent Conveyances 
Statute, 13 Eliz. I, Chapter 5 (U.K.), on application by the judgment 
creditor, the Court may order property or part of property to be sold to 
pay the amount to be collected under a writ of enforcement.
(2)  Notice of the application must be served on
	(a)	the judgment debtor, and
	(b)	the person to whom it is alleged the property was conveyed.
(3)  If a transfer or conveyance is made to defeat, defraud or hinder the 
rights of a judgment creditor, the judgment creditor, for the purpose of 
obtaining an order under subrule (1), need not have obtained judgment 
at the time of the impugned transfer or conveyance.
Order of possession of land
9.25(1)  This rule applies when a judgment or order of possession 
orders a person to give up possession of land to another person.
(2)  A judgment or order of possession must include a statement to the 
effect that a civil enforcement agency has authority, after service of the 
order has been effected, to evict any occupant of the land.
(3)  Unless the Court otherwise orders, the judgment or order of 
possession must be served on every person in possession of the land.
Authority to evict occupants
9.26(1)  A civil enforcement agency has authority to evict a person 
from land the person occupies
	(a)	only in accordance with a judgment or order of possession, 
and
	(b)	unless the Court otherwise orders, only after the civil 
enforcement agency is satisfied that
	(i)	the judgment or order has been served on every person 
in occupation of the land, and
	(ii)	an affidavit of service has been filed by the person who 
has the judgment or order of possession.
(2)  If a judgment or order of possession is stayed while payments are 
being made in accordance with the judgment or order granting the stay, 
the judgment or order of possession may not, unless the Court 
otherwise orders, subsequently be enforced until notice of default is 
served on every person in possession of the land.
Removal, storage and sale of personal property
9.27(1)  A person who enforces a judgment or order of possession in 
respect of premises need not remove personal property from the 
premises.
(2)  If a civil enforcement agency removes and stores any personal 
property in connection with the enforcement of a judgment or order of 
possession, the owner of the personal property may, on the written 
authorization of the civil enforcement agency, obtain the personal 
property from storage by
	(a)	paying to the civil enforcement agency the costs, including 
transportation and storage costs, that were paid by the civil 
enforcement agency or by the person on whose behalf the 
judgment or order of possession was enforced, and
	(b)	paying to the person storing the personal property any further 
outstanding storage charges.
(3)  If personal property is sold in accordance with an order made 
under an enactment, the proceeds of sale must be applied as follows:
	(a)	first, to pay the costs of the sale;
	(b)	second, to pay storage, transportation and other costs 
incurred in removing and storing the personal property and 
filing the application for the order for sale;
	(c)	third, unless the Court otherwise orders or an enactment 
otherwise provides, to pay the balance to the owner of the 
personal property.
Abandoned goods
9.28(1)  In this rule,
	(a)	"abandoned goods" means personal property left on land or 
at premises by a person who has
	(i)	been evicted from the land or premises by a civil 
enforcement agency, or
	(ii)	vacated the land or premises as a result of a judgment or 
order of possession;
	(b)	"judgment holder" means a person who has a judgment or 
order of possession.
(2)  A judgment holder may dispose of abandoned goods if the 
judgment holder believes on reasonable grounds that the abandoned 
goods have a market value of less than $2000.
(3)  Even though abandoned goods have a market value of $2000 or 
more, a judgment holder may sell the goods by a means and for a price 
that the judgment holder believes is reasonable if the judgment holder 
believes on reasonable grounds that
	(a)	storing the abandoned goods would be unsanitary or unsafe 
or would rapidly result in total or substantial depreciation of 
the market value of the goods, or
	(b)	the cost of removing, storing and selling the goods would 
exceed the proceeds of their sale.
(4)  If subrules (2) and (3) do not apply, the judgment holder
	(a)	must store or arrange for storage of the abandoned goods on 
behalf of the owner or person entitled to possession for one 
month after the date of their abandonment, and
	(b)	after the one month has expired, may dispose of the goods by 
public auction or, with the approval of the Court, by private 
sale.
(5)  If no bid is received for the abandoned goods at a public auction 
held under subrule (4)(b), the judgment holder may dispose of the 
goods.
(6)  No liability attaches to a person for
	(a)	selling abandoned goods under subrule (3) or (4)(b), or
	(b)	disposing of abandoned goods under subrule (2) or (5).
(7)  If abandoned goods are disposed of or sold under this rule, the 
person acquiring the goods on the disposal or sale acquires the interest 
of the owner or person entitled to possess those goods, and the interest 
of any other person in those goods is extinguished.
(8)  A judgment holder must give up possession of abandoned goods to 
the person entitled to them on payment of the costs of removing and 
storing them.
(9)  A judgment holder
	(a)	may apply the proceeds of any sale of abandoned goods
	(i)	to the judgment holder's costs of removing, storing and 
selling the goods, and
	(ii)	to satisfy the judgment debtor's liability to the judgment 
holder,
		and
	(b)	must pay the surplus of the proceeds of sale after payment 
under clause (a), if any, to the Crown in right of Alberta.
(10)  The Minister of Finance and Enterprise must retain the surplus on 
behalf of the judgment debtor for one year and, if the judgment debtor 
has not claimed it within the one-year period, must pay the surplus into 
the General Revenue Fund.
(11)  On payment of the surplus into the General Revenue Fund the 
judgment debtor's claim to the surplus is extinguished.
(12)  A judgment holder must keep a record of the storage and 
disposition or sale of abandoned goods under this rule, including
	(a)	a description of the goods,
	(b)	the period for which the goods were stored and the location,
	(c)	when subrule (8) applies, the costs claimed by the judgment 
holder and the date on which the goods were returned to the 
person entitled to them,
	(d)	if the goods are sold, the particulars of the sale, the amount 
claimed by the judgment holder under subrule (9) and the 
amount of the surplus, if any, paid to the Crown under this 
rule, and
	(e)	if the goods are neither returned to the person entitled to 
them nor sold, the manner in which they were disposed of.
(13)  A judgment holder must keep a record referred to in subrule (12) 
as it relates to abandoned goods for at least 3 years after the goods 
were returned, sold or disposed of, as the case may be.
(14)  The Court may make an order contrary to or varying any 
provision of this rule.
Questioning person to assist in enforcement
9.29(1)  To enforce or assist in the enforcement of a judgment or 
order, the Court, on application, may order a person to attend before a 
person named by the Court to be questioned under oath about a matter 
in the judgment or order.
(2)  The rules related to questioning under Part 5 apply to questioning 
conducted in accordance with an order made under this rule.
Division 5 
Foreclosure Actions
When affidavit of value must be filed
9.30   Unless the Court otherwise orders, an affidavit of value must be 
filed before an application is filed for
	(a)	a redemption order,
	(b)	an order that secured property be offered for sale,
	(c)	a foreclosure order,
	(d)	an order confirming sale to the plaintiff or another person, or
	(e)	an order of possession, but not a preservation order.
Other material to be filed
9.31   Before an application is filed for a redemption order, an order 
that secured property be offered for sale, a foreclosure order, an order 
confirming sale, an order for sale to the plaintiff or an order appointing 
a receiver, the plaintiff must file
	(a)	a certified copy of all the current titles to the secured land, 
and
	(b)	if the secured property includes chattels, the results of a 
current Personal Property Registry search of each of the 
names of the registered owners of the secured land, or the 
purchasers of the secured land in the case of an agreement for 
sale.
Offer for sale of secured property
9.32(1)  The Court may offer secured property for sale at a time and 
place, in a manner and at a price that the Court considers appropriate.
(2)  If the Court orders that secured property be listed with a realtor, a 
listing agreement approved by the Court must, unless the Court 
otherwise orders, be appended to, and forms part of, the order granted.
Sale to plaintiff
9.33(1)  If a plaintiff seeks an order for sale of secured property to the 
plaintiff and section 40(2) of the Law of Property Act does not apply, 
the Court must consider whether a public sale should be attempted 
before the plaintiff's application is heard.
(2)  The Court must consider at least the following factors:
	(a)	the nature of the secured property;
	(b)	the value of the secured property;
	(c)	the existing market for the secured property;
	(d)	the amount owed on the plaintiff's security against the 
secured property;
	(e)	the amount owed for prior charges against the secured 
property, including prior encumbrances, municipal taxes and 
condominium assessments.
(3)  In granting an order for sale of the secured property to a plaintiff 
who has made an offer or tender on the secured property, the Court 
must consider, in addition to the factors in subrule (2), all offers or 
tenders made with respect to the secured property.
(4)  In granting an order for sale of the secured property to a plaintiff 
who has not made an offer or tender on the secured property or whose 
tender has been rejected, the Court must determine the fair value at 
which the plaintiff may purchase the secured property.
Order confirming sale
9.34(1)  If the Court orders that secured property be offered for sale 
by tenders filed in Court and a tender is filed, the plaintiff must apply 
for either or both of the following:
	(a)	an order confirming sale;
	(b)	an order rejecting tenders and directing the return of the 
deposits paid in respect of the rejected tenders.
(2)  The application must be scheduled for hearing not more than one 
month after the date set for the receipt of tenders.
(3)  On granting an order confirming sale, the Court may provide any 
direction that the Court considers appropriate to facilitate closing the 
sale.
(4)  Unless the order states that this subrule does not apply, an order 
confirming sale must state that the Registrar of Land Titles must not 
register the order without accompanying evidence of payment of the 
amount, if any, which the Court orders to be paid, and that evidence 
may be
	(a)	a certificate of the court clerk that the payment ordered has 
been paid into Court, or
	(b)	written confirmation by the plaintiff's lawyer that the 
plaintiff has received the payment ordered.
Checking calculations:  assessment of costs and corrections
9.35(1)  When in a foreclosure action the Court grants an order 
declaring the balance owing to the plaintiff, an order for sale to the 
plaintiff or an order confirming sale, or grants judgment against any 
party, then, before entry of the order,
	(a)	the plaintiff must, unless otherwise ordered by the Court, file 
and serve on every defendant and subsequent encumbrancer 
any of the following documents that are applicable:
	(i)	a statement of the secured indebtedness;
	(ii)	a statement of money received and disbursed in the sale;
	(iii)	a calculation of any deficiency, if a deficiency judgment 
or declaration of a deficiency is ordered;
	(iv)	a bill of costs under rule 10.35;
	(v)	the proposed form of order,
		together with a notice that any defendant and subsequent 
encumbrancer who considers that any of the applicable 
documents contains an error may file and serve on the 
plaintiff a written submission before a date specified in the 
notice,
	(b)	the assessment officer must assess the reasonable and proper 
costs under rule 10.41 unless otherwise ordered by the Court, 
and
	(c)	the assessment officer must
	(i)	check the plaintiff's calculations,
	(ii)	review any submission by a defendant or subsequent 
encumbrancer,
	(iii)	correct the amounts in the order, if necessary,
	(iv)	sign the order as court clerk, and
	(v)	return to the plaintiff or the plaintiff's lawyer the order 
and a certificate under rule 10.43.
(2)  When the order and the certificate have been returned to the 
plaintiff or the plaintiff's lawyer, the plaintiff may enter the order and 
file the certified bill of costs.
(3)  If the defendant did not appear at the application for the order and 
the plaintiff disagrees with
	(a)	the assessment of the reasonable and proper costs, if done 
without appearance, or
	(b)	the corrections made by the assessment officer under subrule 
(1)(c)(iii),
the plaintiff may, before entry of the order under subrule (2), appear 
before or speak to the assessment officer to explain the plaintiff's 
figures or costs, and the assessment officer may amend or refuse to 
amend the assessment or corrections.
(4)  If the plaintiff is not satisfied with the assessment officer's 
assessment, whether amended or not, the plaintiff may, before the 
order is entered, re-attend before the master or judge who granted the 
order for the purpose of settling the costs or for further directions, at 
which time the plaintiff must provide to the Court any corrections, bill 
of costs, notes or other materials from the assessment officer.
(5)  To the extent of any inconsistency with Part 10, this rule prevails.
Service of certified bill of costs
9.36   The plaintiff must serve the certified bill of costs under rule 
10.43 on every defendant and subsequent encumbrancer when the 
order referred to in rule 9.35(1) is served.
Division 6 
Sale and Disposition of Land Other than by 
Foreclosure Action
Application of this Division
9.37   This Division
	(a)	is subject to the Civil Enforcement Act, and
	(b)	does not apply to foreclosure actions.
Sale and disposition of land
9.38(1)  If land is to be sold, mortgaged, partitioned or exchanged as a 
result of an action, the Court may make that order and specify the time 
and place of, the manner of, and the price or sum associated with the 
transaction that the Court considers appropriate.
(2)  If the Court is satisfied that all interested parties are before the 
Court or bound by the order, the Court may order
	(a)	the sale, mortgage, partition or exchange of land, and
	(b)	the procedure to be carried out to give effect to the order.
(3)  Any money produced as a result of carrying out an order under this 
rule must
	(a)	be paid into Court,
	(b)	be paid to persons specified in the order, or
	(c)	otherwise be dealt with in accordance with the order.
(4)  If a judgment or order states that land is to be sold,
	(a)	the sale must be approved by the Court before the sale is 
completed, and
	(b)	the persons necessary to complete the sale must join the sale 
and conveyance in accordance with the Court's order.
Terms, conditions and limitations on orders
9.39   In an order under this Division the Court may include one or 
more of the following terms, conditions or directions:
	(a)	that a person pay or account for rent or profit, or both, to 
another person;
	(b)	the manner in which the transaction is to be carried out;
	(c)	the person or persons who are to carry out or facilitate 
compliance with the order;
	(d)	that any proceeds of the transaction be paid into Court or 
otherwise paid to or disposed of by the Court.
Division 7 
Reciprocal Enforcement of United Kingdom 
Judgments
Definitions
9.40   In this Division,
	(a)	"Act" means Part 3 of the International Conventions 
Implementation Act and includes the Convention;
	(b)	"	certified copy" means the original document or a copy of 
the document certified as being a true copy by the original or 
facsimile signature of a proper officer of the foreign court;
	(c)		"Convention" means the Convention Between Canada and 
the United Kingdom of Great Britain and Northern Ireland 
Providing for the Reciprocal Recognition and Enforcement 
of Judgments in Civil and Commercial Matters in Schedule 3 
to the Act;
	(d)		"convention judgment", "convention judgment creditor", 
"convention judgment debtor" and "original court" have the 
same meanings respectively as "judgment", "judgment 
creditor", "judgment debtor" and "original court" have in the 
Convention.
Scope
9.41(1)  This Division is subject to the Act.
(2)  Nothing in this Division affects any other rights, remedies or 
proceedings provided by law.
Application to Court
9.42(1)  A convention judgment creditor may apply to the Court by 
originating application for an order to register a convention judgment.
(2)  The application must be brought within the time specified in the 
Act.
(3)  The originating application and affidavit in support and notices 
and documents related to the originating application under this 
Division must be titled as follows:
In the matter of the International Conventions 
Implementation Act,
And in the matter of a convention judgment of (describe 
court) dated . . .
Affidavit in support of application for order to register convention 
judgment
9.43(1)  An originating application for an order to register a 
convention judgment must be supported by an affidavit
	(a)	stating that the applicant is entitled to enforce the convention 
judgment and, where applicable, providing full particulars of 
the entitlement, whether by assignment or otherwise,
	(b)	stating in the original currency of the convention judgment
	(i)	the unpaid balance and interest as of a fixed date that is 
within 2 months before the date of the originating 
application, and
	(ii)	the daily interest payable after that fixed date,
	(c)	if applicable, stating the provisions of the convention 
judgment that are sought to be registered,
	(d)	stating the manner in which the convention judgment debtor 
submitted to the jurisdiction of the original court, if the 
convention judgment debtor appeared, defended, attorned or 
otherwise submitted to the jurisdiction of the original court,
	(e)	listing the reasonable costs of and incidental to registration 
and certifying that the applicant has incurred, is liable to pay 
or is otherwise entitled to collect them, as the case may be, 
and
	(f)	containing or to which is attached any other information or 
document that the Court may require.
(2)  The affidavit referred to in subrule (1) must have attached to it
	(a)	a certified copy of the convention judgment and, where 
applicable, a translation into English authenticated by 
affidavit or any other method acceptable to the Court, and
	(b)	proof acceptable to the Court that the initiating documents 
were served on the convention judgment debtor in the 
original application, if the convention judgment debtor was 
served personally with the originating documents in the 
original action, unless this information appears in the 
convention judgment.
(3)  An affidavit may contain statements made on the information and 
belief of the person swearing the affidavit, but must state the source 
and grounds for the information and belief.
When application may be filed without notice
9.44(1)  An originating application for an order to register a 
convention judgment may be filed without notice to any other party if 
the convention judgment debtor
	(a)	was personally served with the initiating documents in the 
original action, or
	(b)	appeared, defended, attorned or otherwise submitted to the 
jurisdiction of the original court.
(2)  If subrule (1) does not apply, the originating application and 
affidavit must be served on the convention judgment debtor personally 
or as the Court may otherwise direct.
Order to register convention judgment
9.45(1)  On hearing an originating application for an order to register 
a convention judgment, the Court, after considering the Act, may order 
that the convention judgment be registered for an amount to be 
calculated under subrule (2).
(2)  On presentation of an order referred to in subrule (1) and a copy of 
the convention judgment, the court clerk must register the convention 
judgment by
	(a)	writing on the copy of the convention judgment
	(i)	the unpaid balance and interest to the date the court 
clerk registers the convention judgment,
	(ii)	the reasonable costs of and incidental to registration, 
and
	(iii)	the following notation:
		Registered in the Court of Queen's Bench of Alberta on 
[date]  pursuant to the Order of _______________ 
dated . . .
		and
	(b)	filing the order made under subrule (1) and the copy of the 
convention judgment marked in accordance with clause (a).
(3)  If necessary the court clerk must convert the amounts referred to in 
subrule (2) to Canadian currency at the exchange rate prevailing at any 
branch of any bank.
Convention judgment debtor's application to set aside
9.46(1)  If the Court hears an originating application without notice 
under rule 9.44 and makes an order granting part or all of the relief 
claimed, the convention judgment debtor may, within 2 months after 
being served with the order and registered convention judgment, apply 
to the Court to set aside that order and the registration of the 
convention judgment.
(2)  The time period set out in subrule (1) may not be extended under 
rule 13.5.
(3)  After hearing an originating application under this rule, the Court 
may make any order it thinks fit that is consistent with this Division.
(4)  An order under this rule may be appealed to the Court of Appeal.
Convention judgment creditor's appeal
9.47(1)  If the Court hears an originating application without notice 
under rule 9.44 and makes an order refusing to grant part or all of the 
relief claimed, the convention judgment creditor may appeal the order 
to the Court of Appeal.
(2)  The convention judgment debtor must be a party to an appeal 
under this rule.
Appeal when order is made on notice
9.48   When the Court hears an originating application of which 
notice was served on the convention judgment debtor, the convention 
judgment creditor or the convention judgment debtor may appeal to the 
Court of Appeal from any order made.
Factors to be considered
9.49   In any proceeding under this Division, the Court or the Court of 
Appeal, as the case may be, must apply all of the factors listed in 
Article IV of the Convention and may consider any other proper 
grounds.
Division 8 
Registration of Judgments under 
Reciprocal Enforcement of 
Judgments Act
Originating application to register judgment from reciprocating 
jurisdiction
9.50(1)  An application for registration of a judgment under the 
Reciprocal Enforcement of Judgments Act must be made by originating 
application.
(2)  The originating application must be supported by an affidavit that 
includes, as an exhibit, an exemplification or certified copy of the 
judgment to be registered.
Notice of registration
9.51   The notice of registration of a judgment under section 6 of the 
Reciprocal Enforcement of Judgments Act must
	(a)	contain particulars of the judgment registered and the order 
for registration,
	(b)	state the name and address of the judgment creditor or the 
lawyer or agent for the judgment creditor on whom service of 
any notice given by the judgment debtor may be served, and
	(c)	state that the judgment debtor, within one month after receipt 
of notice of the registration, may apply to the registering 
Court to set aside the registration on any ground set out in 
section 2(6) of the Reciprocal Enforcement of Judgments Act.
Part 10 
Lawyers' Charges, Recoverable 
Costs of Litigation, and Sanctions
Division 1 
Lawyers' Charges, Retainer Agreements and 
Right of Review
Definitions
10.1   In this Part,
	(a)	"assessment officer" means the court clerk for the judicial 
centre in which the action is located;
	(b)	"review officer" means an assessment officer who, in the 
opinion of the clerk of the Court, has for the purpose of 
reviewing contingency fee or retainer agreements and 
lawyers' charges
	(i)	an acceptable degree in law, and
	(ii)	sufficient experience in the practice of law, 
		and who is designated as a review officer by
	(iii)	the clerk of the Court for the judicial centre in which the 
action is located, or
	(iv)	if there is no clerk of the Court for the judicial centre in 
which the action is located, the Minister.
Subdivision 1 
Lawyers' Charges
Payment for lawyer's services and contents of lawyer's account
10.2(1)  Except to the extent that a retainer agreement otherwise 
provides, a lawyer is entitled to be paid a reasonable amount for the 
services the lawyer performs for a client considering
	(a)	the nature, importance and urgency of the matter,
	(b)	the client's circumstances,
	(c)	the trust, estate or fund, if any, out of which the lawyer's 
charges are to be paid,
	(d)	the manner in which the services are performed,
	(e)	the skill, work and responsibility involved, and
	(f)	any other factor that is appropriate to consider in the 
circumstances.
(2)  A lawyer may be paid in advance or take security for future 
lawyer's charges.
(3)  Every lawyer's account must
	(a)	contain a reasonable statement or description of the services 
performed,
	(b)	show the fee for the service, and
	(c)	set out separately the details of any disbursements paid or to 
be paid by the lawyer or any other charges of the lawyer in 
performing the lawyer's services.
Lawyer acting in representative capacity
10.3(1)  A lawyer may charge lawyer's fees for services performed as 
a lawyer whether or not the lawyer is also acting in the capacity of a 
guardian, mortgagee, personal representative or trustee.
(2)  Despite subrule (1), a lawyer acting as a guardian, mortgagee, 
personal representative or trustee is not entitled to be paid out of or to 
charge to a trust, an estate, a fund, mortgaged property or a mortgage 
loan for which the lawyer performs lawyer's services unless
	(a)	the Court orders the amount paid or charged,
	(b)	every person interested in the trust, estate, fund, mortgaged 
property or mortgage loan is legally competent and agrees to 
the payment or the charge, or
	(c)	the lawyer's charges have been reviewed and certified by a 
review officer.
(3)  This rule does not apply to client funds held by a lawyer in the 
lawyer's trust account.
Charging order for payment of lawyer's charges
10.4(1)  On application by a lawyer, the Court may declare property 
specified in its order, including property that may be subsequently 
recovered in an action, to be subject to a charge as security for 
payment of the lawyer's charges.
(2)  The order referred to in subrule (1) may only be made if
	(a)	the lawyer establishes to the Court's satisfaction that the 
lawyer's charges will not be or are unlikely to be paid unless 
the order is made, and
	(b)	the property to be the subject of the charge is associated with
	(i)	the action conducted by the lawyer on the client's 
behalf, and
	(ii)	the lawyer's services result in the recovery or 
preservation of the client's property.
(3)  An order may also be made under this rule if
	(a)	a lawyer who performed services for a client in the recovery 
or preservation of property under a contingency fee 
agreement ceases to be the client's lawyer before the event or 
contingency occurs and those services are likely to, or might, 
result in the recovery or preservation of the client's property, 
and
	(b)	the requirements of subrule (2)(a) and (b) are met.
(4)  On application, the Court may make any other order necessary to 
obtain the amount required to pay the lawyer's charges from the 
property subject to the charge.
(5)  An order must not be made under this rule if in all the 
circumstances the Court considers that to make the order would be 
unfair.
(6)  Nothing defeats or affects a charge on property imposed under this 
rule unless the property is disposed of to a bona fide purchaser for 
value without notice of the charge.
Subdivision 2 
Retainer Agreements
Retainer agreements
10.5(1)  A lawyer may make an agreement with a client about the 
amount and manner of payment of the whole or any part of past or 
future lawyer's charges for services performed by the lawyer.
(2)  The amount a lawyer is to be paid may be determined in any 
appropriate way, including
	(a)	a gross sum,
	(b)	commission,
	(c)	percentage,
	(d)	salary, or
	(e)	an hourly rate.
(3)  The amount payable may be at the same or at a greater or lesser 
rate than the rate to which the lawyer would be entitled under rule 10.2 
if no retainer agreement were entered into.
Void provisions
10.6(1)  In a retainer agreement or otherwise, a provision is void if the 
provision
	(a)	purports to relieve a lawyer from liability for negligence or 
any other liability to which the lawyer might be subject as a 
lawyer, or
	(b)	purports to provide that an action, application or proceeding 
cannot be abandoned, discontinued or settled without a 
lawyer's consent.
(2)  Despite any agreement to the contrary, a client may change the 
client's lawyer or act on the client's own behalf before a retainer 
agreement ends.
Subdivision 3 
Contingency Fee Agreements
Contingency fee agreement requirements
10.7(1)  A contingency fee agreement must
	(a)	be in writing, and
	(b)	be signed by the lawyer and the lawyer's client or by their 
authorized agents.
(2)  To be enforceable, a contingency fee agreement must contain the 
following particulars in precise and understandable terms:
	(a)	the name and address of each client;
	(b)	the name and address of the lawyer;
	(c)	a statement of the nature of the claim;
	(d)	a statement of the event or contingency on which the 
lawyer's fees are to be paid to the lawyer;
	(e)	a statement about
	(i)	the manner in which the contingency fee is to be 
calculated,
	(ii)	the maximum fee payable, or the maximum rate 
calculated, after deducting disbursements and other 
charges, and
	(iii)	whether the client is responsible to pay disbursements 
and other charges, and if so, a general description of the 
types of disbursements and other charges likely to be 
incurred, other than relatively minor disbursements;
	(f)	if the lawyer is to receive any amount from a costs award, a 
statement that
	(i)	the cost award is intended to be a complete or partial 
reimbursement of the lawyer's charges to the client,
	(ii)	the cost award is owned by the client and that by 
signing the contingency fee agreement the client is 
waiving the right to any amount from the costs award 
that is payable to the lawyer in accordance with 
subclause (iv),
	(iii)	the amount from the costs award retained by the lawyer 
will be in addition to the lawyer's percentage, fixed fees 
or other form of legal fees, and
	(iv)	the percentage of the costs award that the lawyer may 
receive may not exceed the percentage of the judgment 
or settlement that the lawyer is entitled to;
	(g)	a statement that, if the client gives notice in writing to the 
lawyer within 5 days after the client's copy of the 
contingency fee agreement is served on the client, the client 
may terminate the contingency fee agreement without 
incurring any liability for the lawyer's fees, but that the client 
is liable to reimburse the lawyer for reasonable 
disbursements;
	(h)	a statement that
	(i)	at the request of the client, a review officer may review 
either or both of the contingency fee agreement and any 
lawyer's charges in an account rendered under the 
agreement, and
	(ii)	either or both of the contingency fee agreement or any 
lawyer's charges may be further reviewed by way of an 
appeal from a review officer's decision to a judge.
(3)  The contingency fee agreement must be witnessed by a person 
who sees the client sign the agreement, and that person must then 
swear an affidavit of execution.
(4)  The client must be served with a copy of the signed contingency 
fee agreement within 10 days after the date on which the agreement is 
signed, and an affidavit of service to that effect must be executed by 
the person who served the agreement.
(5)  A client may terminate a contingency fee agreement without 
incurring any liability for the lawyer's fees under the agreement if the 
client, within 5 days after service on the client of the copy of the 
contingency fee agreement, gives written notice of the termination to 
the lawyer, but the client is liable to reimburse the lawyer for 
reasonable disbursements incurred by the lawyer.
(6)  If a contingency fee agreement provides that a lawyer is entitled to 
an amount from a costs award, the lawyer is not entitled to receive 
from the costs award any higher percentage of the judgment or 
settlement than the lawyer is entitled to receive under the contingency 
fee agreement.
(7)  Every account rendered under a contingency fee agreement must 
contain a statement that at the client's request a review officer may 
determine both the reasonableness of the account and the 
reasonableness of the contingency fee agreement.
(8)  An account that does not contain the statement required by subrule 
(7) is of no effect unless the Court
	(a)	is satisfied
	(i)	that the omission of the statement was inadvertent, and
	(ii)	the client has not been misled or prejudiced,
		and
	(b)	the Court waives the requirement for the statement.
Lawyer's non-compliance with contingency fee agreement
10.8   If a lawyer does not comply with rule 10.7(1) to (4), (6) and (7), 
the lawyer is, on successful accomplishment or disposition of the 
subject-matter of the contingency fee agreement, entitled only to 
lawyer's charges determined in accordance with rule 10.2 as if no 
contingency fee agreement had been entered into.
Subdivision 4 
Right of Review
Reasonableness of retainer agreements and charges subject to review
10.9   The reasonableness of a retainer agreement and the 
reasonableness of a lawyer's charges are subject to review by a review 
officer in accordance with these rules, despite any agreement to the 
contrary.
Time limitation on reviewing retainer agreements and charges
10.10(1)  A retainer agreement may not be reviewed if 6 months has 
passed after the date on which the retainer agreement terminated.
(2)  A lawyer's charges may not be reviewed if 6 months has passed 
after the date on which the account was sent to the client.
Who may request review of lawyer's charges
10.11   A lawyer's charges may be reviewed in Alberta
	(a)	at the request of a client if
	(i)	the lawyer resides in Alberta,
	(ii)	the lawyer's principal office is in Alberta,
	(iii)	the lawyer's charges specify an Alberta address for the 
lawyer or the law firm of the lawyer,
	(iv)	most of the services were performed in Alberta,
	(v)	the services were performed in connection with legal 
proceedings commenced in Alberta in which the lawyer 
was a lawyer of record, or
	(vi)	the retainer agreement between the lawyer and the client 
so provides,
		and
	(b)	at the request of the lawyer if
	(i)	the client resides in Alberta,
	(ii)	the principal office or place of business of the client is 
in Alberta,
	(iii)	most of the services were performed in Alberta and the 
lawyer has no office in the jurisdiction outside Alberta 
where the client resides or carries on business, or
	(iv)	the retainer agreement between the lawyer and the client 
so provides.
Location of review
10.12(1)  Where a lawyer carries on business in Alberta, the lawyer's 
charges may be reviewed by a review officer at the judicial centre 
nearest to where the lawyer carries on business.
(2)  Where a lawyer does not carry on business in Alberta but the client 
resides in Alberta, the lawyer's charges may be reviewed by a review 
officer at the judicial centre nearest to where the client resides.
(3)  Notwithstanding subrules (1) and (2), and in any other case, the 
Court may designate a location for the review of the lawyer's charges.
Appointment for review
10.13(1)  A lawyer or a client may, by request, obtain from a review 
officer an appointment date for a review of a retainer agreement or a 
lawyer's charges, or both.
(2)  If a lawyer obtains an appointment date, the lawyer must, on 
receipt of the date, file a copy of a notice of the appointment in Form 
42 to be served on the client and any other interested party, and
	(a)	if the appointment is to review the lawyer's charges, file a 
copy of a signed account of the lawyer's charges that are to 
be reviewed and a copy of any retainer agreement between 
the lawyer and the client;
	(b)	if the appointment is to review a retainer agreement, file a 
copy of the retainer agreement between the lawyer and the 
client.
(3)  If a client obtains an appointment date, the client must on receipt 
of the date,
	(a)	if the appointment is for a review of a lawyer's charges, file 
the lawyer's account that is to be reviewed and a copy of any 
retainer agreement between the lawyer and the client, if they 
are available, and
	(b)	if the appointment is for the review of a retainer agreement, 
file a copy of the retainer agreement between the lawyer and 
the client, if it is available.
(4)  The client or the lawyer who obtains an appointment date for 
review must serve notice of the appointment date on the other party to 
the review and any other interested party 10 days or more before the 
appointment date, or within any other period specified by a review 
officer.
Client-obtained appointment:  lawyer's responsibility
10.14(1)  If a lawyer is served with notice of an appointment for a 
review of the lawyer's charges or retainer agreement, or both, the 
lawyer must file a copy of the account, appropriately signed, in respect 
of which the client seeks a review, and any retainer agreement, 
whether or not the lawyer intends to rely on them.
(2)  The documents must be filed 5 days or more before the 
appointment date or within any other period specified by a review 
officer, and the review officer may vary the period before or after the 
time limit has passed.
(3)  If the lawyer does not comply with this rule, the lawyer forfeits the 
right to payment of the lawyer's charges in any account that is the 
subject of a review unless the review officer otherwise directs.
Retainer agreement confidentiality
10.15   A retainer agreement filed under rule 10.13 or 10.14 is 
confidential and, unless otherwise ordered by the Court,
	(a)	the court clerk, a review officer and any person under their 
supervision must not disclose to any person the existence of 
the agreement or information in it, and
	(b)	the copy of the agreement or information that is filed is not 
available for inspection by any person other than
	(i)	a party to the agreement,
	(ii)	a review officer, or
	(iii)	the Court.
Absence of person at appointment for review
10.16   A review officer may, on proof of service of the notice of 
appointment for review, proceed with the review of a retainer 
agreement or a lawyer's charges despite the absence of the person 
served.
Review officer's authority
10.17(1)  For the purpose of conducting a review under this Division, 
a review officer may do all or any of the following:
	(a)	take evidence either by affidavit or orally under oath, or both;
	(b)	direct the production of records;
	(c)	require notice of the appointment for the review to be served 
on persons who may be affected by the review or who have 
an interest in the trust, estate, fund or property from which 
the lawyer's charges are or may be paid or charged;
	(d)	give directions about how notice of the appointment for the 
review is to be served;
	(e)	allow a party to be represented by a lawyer;
	(f)	require details of a retainer agreement, or of the services 
provided, money collected and expended, disbursements or 
other charges claimed or any other matter necessary to 
understand the agreement or charges and decide whether the 
agreement or charges, or both, are reasonable;
	(g)	validate service of the notice of the appointment or, if service 
is impractical or impossible, dispense with service.
(2)  A review officer may not review either a retainer agreement or a 
lawyer's charges that have previously been reviewed by a review 
officer unless the Court so orders or the parties agree.
Reference to Court
10.18(1)  A review officer
	(a)	must refer any question arising about the terms of a retainer 
agreement to the Court for a decision or direction, and
	(b)	may refer any question arising about a lawyer's charges to 
the Court for a decision or direction.
(2)  The review officer may do all or any of the following:
	(a)	require one party to serve another party or other interested 
person with notice of the reference;
	(b)	specify how a reference to the Court is to be prepared and by 
whom;
	(c)	prescribe time limits;
	(d)	specify any other matter for the effective and efficient 
disposition of the reference.
(3)  On considering a question referred to it, the Court may make any 
order it considers appropriate in the circumstances, including
	(a)	an order to enforce a direction given under rule 10.17, or
	(b)	with respect to a review of the terms of a retainer agreement, 
an order approving the agreement or varying or disallowing 
the agreement in whole or in part.
(4)  If a contingency fee agreement is disallowed, the amount payable 
to the lawyer for the lawyer's charges must be determined under rule 
10.2.
Review officer's decision
10.19(1)  A review of a lawyer's charges must take into consideration 
the factors described in rule 10.2, except to the extent that a retainer 
agreement otherwise provides.
(2)  A review of a retainer agreement must be based on the 
circumstances that existed when the retainer agreement was entered 
into.
(3)  The review officer may, in a review of a lawyer's charges, allow 
the charges, or vary, reduce or disallow all or any of the charges, and 
certify the amount payable for and against each party, and may issue 
an interim certificate.
(4)  A review officer's decision must be given by an interim or final 
certificate, which may be endorsed on a copy of the lawyer's account, 
and the certificate must
	(a)	certify the amount to be paid by each party or person,
	(b)	certify any special circumstance and the amount to be paid by 
each party or person with respect to the special circumstance, 
and
	(c)	be dated and signed by the review officer.
(5)  An interim or final certificate of a review officer that meets the 
requirements set out in subrule (4) is conclusive proof of the amount 
that a party or person who had notice of the review must pay.
Enforcement of review officer's decision
10.20(1)  The Court may direct a decision of a review officer to be 
entered as a judgment or order.
(2)  No direction may be made under subrule (1) before the time for an 
appeal of the review officer's decision has expired or, if the decision is 
being appealed, before a decision is made under rule 10.27.
Repayment of charges
10.21   On application by a client, the Court may order a lawyer 
whose charges are disallowed, reduced, varied or forfeited to repay to 
the client all or any part of the lawyer's charges paid by the client.
Action for payment of lawyer's charges
10.22   If an action is brought for payment of a lawyer's charges,
	(a)	despite rule 3.36, no judgment may be entered in default of 
defence without the Court's permission, and
	(b)	no costs award with respect to the action is to be made unless 
the Court specifically so orders.
Costs of review
10.23   A review officer may allow or disallow the reasonable and 
proper costs of a review and fix the amount but may not make a costs 
award
	(a)	against the client as a result of a client-requested review 
unless the client's request was unreasonable or the client acts 
improperly or unreasonably at the review, or
	(b)	against the client as a result of a lawyer-requested review 
unless the client acts improperly or unreasonably at the 
review and the Court approves the costs award.
Reviewing lawyer's charges:  incomplete services and particular events
10.24(1)  If any of the following events occurs, a lawyer, the lawyer's 
personal representative or a client may make an appointment with a 
review officer for the purpose of determining the amount of the 
lawyer's charges payable by the client:
	(a)	the lawyer dies;
	(b)	the lawyer is suspended, disbarred or incapacitated;
	(c)	the lawyer ceases to be the client's lawyer or the client ceases 
to be the lawyer's client;
	(d)	a dispute arises about the apportionment of contingency fees 
under a contingency fee agreement under which 2 or more 
lawyers are engaged, whether or not the contingency has 
occurred;
	(e)	the client retains a new lawyer in the action;
	(f)	the client unreasonably discontinues or abandons any matter 
to which a contingency fee agreement applies;
	(g)	any other event that creates uncertainty about a lawyer's 
charges or who is to pay them or to whom they are to be 
paid.
(2)  When making a decision under this rule, the review officer must 
take into consideration the factors described in rule 10.2, except to the 
extent that a retainer agreement otherwise provides.
Order to return records
10.25   On application by a client, the Court may order a lawyer to 
deliver to a person named in the order any record of the client under 
the lawyer's control.
Subdivision 5 
Appeal from Review Officer's Decision
Appeal to judge
10.26(1)  A party to a review officer's decision under this Division 
may appeal the decision to a judge.
(2)  The appeal from a review officer's decision is an appeal on the 
record of proceedings before the review officer.
(3)  The record of proceedings is
	(a)	Form 42 served under rule 10.13(2),
	(b)	the material the parties filed to support or oppose, or that was 
required for, the review,
	(c)	the transcript of the proceedings before the review officer, 
unless the judge waives this requirement, and
	(d)	the review officer's certificate.
(4)  The appellant must file and serve on the respondent to the appeal, 
within one month after the date of the review officer's decision,
	(a)	notice of the appeal in Form 43 including the date, time and 
place of the hearing,
	(b)	the record of proceedings described in subrule (3) or, if the 
transcript is not available at the time of filing, confirmation 
that the transcript of the proceedings has been ordered, and
	(c)	any further written argument.
(5)  The respondent to the appeal must, within 10 days after service of 
the notice of appeal, file and serve on the appellant any written 
argument the respondent wishes to make.
Decision of judge
10.27(1)  After hearing an appeal from a review officer's decision, the 
judge may, by order, do one or more of the following:
	(a)	confirm, vary or revoke the decision;
	(b)	revoke the decision and substitute a decision;
	(c)	revoke all or part of the decision and refer the matter back to 
the review officer or to another review officer;
	(d)	make any other order the judge considers appropriate.
(2)  If the amount of costs payable as originally assessed by the 
assessment officer has been paid and, after payment, is reduced on 
appeal, the judge hearing the appeal may order the return of the excess 
by the party who has received it and the order may be enforced as an 
order of the Court.
Division 2 
Recoverable Costs of Litigation
Subdivision 1 
General Rule, Considerations and Court Authority
Definition of "party"
10.28   In this Division, "party" includes a person filing or 
participating in an application or proceeding who is or may be entitled 
to or subject to a costs award.
General rule for payment of litigation costs
10.29(1)  A successful party to an application, a proceeding or an 
action is entitled to a costs award against the unsuccessful party, and 
the unsuccessful party must pay the costs forthwith, notwithstanding 
the final determination of the application, proceeding or action, subject 
to
	(a)	the Court's general discretion under rule 10.31,
	(b)	the assessment officer's discretion under rule 10.41,
	(c)	particular rules governing who is to pay costs in particular 
circumstances,
	(d)	an enactment governing who is to pay costs in particular 
circumstances, and
	(e)	subrule (2).
(2)  If an application or proceeding is heard without notice to a party, 
the Court may
	(a)	make a costs award with respect to the application or 
proceeding, or
	(b)	defer making a decision on who is liable to pay the costs of 
the application or proceeding until every party is served with 
notice of the date, time and place at which the Court will 
consider who is liable to pay the costs.
When costs award may be made
10.30(1)  Unless the Court otherwise orders or these rules otherwise 
provide, a costs award may be made
	(a)	in respect of an application or proceeding of which a party 
had notice, after the application has been decided,
	(b)	in respect of a settlement of an action, application or 
proceeding, or any part of any of them, in which it is agreed 
that one party will pay costs without determining the amount, 
and
	(c)	in respect of trials and all other matters in an action, after 
judgment or a final order has been entered.
(2)  If the Court does not make a costs award or an order for an 
assessment officer to assess the costs payable when an application or 
proceeding is decided or when judgment is pronounced or a final order 
is made, either party may request from an assessment officer an 
appointment date for an assessment of costs under rule 10.37.
Court-ordered costs award
10.31(1)  After considering the matters described in rule 10.33, the 
Court may order one party to pay to another party, as a costs award, 
one or a combination of the following:
	(a)	the reasonable and proper costs that a party incurred to file an 
application, to take proceedings or to carry on an action, or 
that a party incurred to participate in an application, 
proceeding or action, or
	(b)	any amount that the Court considers to be appropriate in the 
circumstances, including, without limitation,
	(i)	an indemnity to a party for that party's lawyer's 
charges, or
	(ii)	a lump sum instead of or in addition to assessed costs.
(2)  Reasonable and proper costs under subrule (1)(a)
	(a)	include the reasonable and proper costs that a party incurred 
to bring an action;
	(b)	unless the Court otherwise orders, include costs incurred by a 
party
	(i)	in an assessment of costs before the Court, or
	(ii)	in an assessment of costs before an assessment officer;
	(c)	do not include costs related to a dispute resolution process 
described in rule 4.16 or a judicial dispute resolution process 
under an arrangement described in rule 4.18 unless a party 
engages in serious misconduct in the course of the dispute 
resolution process or judicial dispute resolution process;
	(d)	do not include, unless the Court otherwise orders, the fees 
and other charges of an expert for an investigation or inquiry 
or the fees and other charges of an expert for assisting in the 
conduct of a summary trial or a trial.
(3)  In making a costs award under subrule (1)(a), the Court may order 
any one or more of the following:
	(a)	one party to pay to another all or part of the reasonable and 
proper costs with or without reference to Schedule C;
	(b)	one party to pay to another an amount equal to a multiple, 
proportion or fraction of an amount set out in any column of 
the tariff in Division 2 of Schedule C or an amount based on 
one column of the tariff, and to pay to another party or 
parties an amount based on amounts set out in the same or 
another column;
	(c)	one party to pay to another party all or part of the reasonable 
and proper costs with respect to a particular issue, application 
or proceeding or part of an action;
	(d)	one party to pay to another a percentage of assessed costs, or 
assessed costs up to or from a particular point in an action.
(4)  The Court may adjust the amount payable by way of deduction or 
set-off if the party that is liable to pay a costs award is also entitled to 
receive an amount under a costs award.
(5)  In appropriate circumstances, the Court may order, in a costs 
award, payment to a self-represented litigant of an amount or part of an 
amount equivalent to the fees specified in Schedule C.
(6)  The Court's discretion under this rule is subject to any specific 
requirement of these rules about who is to pay costs and what costs are 
to be paid.
Costs in class proceeding
10.32   In a proceeding under the Class Proceedings Act or in a 
representative action, the Court, in determining whether a costs award 
should be made against the unsuccessful representative party, may take 
into account one or more of the following factors, in addition to any 
other factors the Court considers appropriate:
	(a)	the public interest;
	(b)	whether the action involved a novel point of law;
	(c)	whether the proceeding or action was a test case;
	(d)	access to justice considerations.
Court considerations in making costs award
10.33(1)  In making a costs award, the Court may consider all or any 
of the following:
	(a)	the result of the action and the degree of success of each 
party;
	(b)	the amount claimed and the amount recovered;
	(c)	the importance of the issues;
	(d)	the complexity of the action;
	(e)	the apportionment of liability;
	(f)	the conduct of a party that tended to shorten the action;
	(g)	any other matter related to the question of reasonable and 
proper costs that the Court considers appropriate.
(2)  In deciding whether to impose, deny or vary an amount in a costs 
award, the Court may consider all or any of the following:
	(a)	the conduct of a party that was unnecessary or that 
unnecessarily lengthened or delayed the action or any stage 
or step of the action;
	(b)	a party's denial of or refusal to admit anything that should 
have been admitted;
	(c)	whether a party started separate actions for claims that should 
have been filed in one action or whether a party 
unnecessarily separated that party's defence from that of 
another party;
	(d)	whether any application, proceeding or step in an action was 
unnecessary, improper or a mistake;
	(e)	an irregularity in a commencement document, pleading, 
affidavit, notice, prescribed form or document;
	(f)	a contravention of or non-compliance with these rules or an 
order;
	(g)	whether a party has engaged in misconduct.
Court-ordered assessment of costs
10.34(1)  The Court may order an assessment of costs by an 
assessment officer and may give directions to the assessment officer 
about the assessment.
(2)  The Court must keep a record on the court file of a direction
	(a)	given to an assessment officer,
	(b)	requested by a party and refused by the Court, or
	(c)	requested by a party that the Court declines to make but 
leaves to an assessment officer's discretion.
Subdivision 2 
Assessment of Costs by Assessment Officer
Preparation of bill of costs
10.35(1)  A party entitled to payment of costs must prepare a bill of 
costs in Form 44
	(a)	if that party wishes or is required to have the costs assessed 
by an assessment officer, or
	(b)	on request of a party who is required to pay the costs.
(2)  The bill of costs must
	(a)	itemize all the costs sought to be recovered, distinguishing 
between fees, disbursements and other charges, and
	(b)	be signed by the person responsible for its preparation.
Assessment of bill of costs
10.36(1)  After a judgment or order has been entered, an assessment 
officer, in accordance with any Court direction or order, may make an 
assessment of costs payable in accordance with rule 10.41 in any of the 
following circumstances:
	(a)	under rule 3.36(3);
	(b)	under rule 3.37;
	(c)	under rule 3.38;
	(d)	under rule 3.39.
(2)  In cases other than those referred to in subrule (1), the amount 
assessed under rule 10.41 as payable by one party to another must be 
determined by way of an appointment with an assessment officer 
unless the Court or the assessment officer otherwise permits.
(3)  Despite subrules (1) and (2), if one party approves a bill of costs 
prepared by another party adverse in interest, an assessment officer 
must certify the bill of costs under rule 10.43, without change.
Appointment for assessment
10.37(1)  A party entitled to payment of costs may obtain from an 
assessment officer an appointment date for an assessment of costs.
(2)  If a party entitled to payment of costs makes the appointment, that 
party must, 10 days or more before the appointment date,
	(a)	file a proposed bill of costs, and
	(b)	serve every party affected by the appointment with notice of 
the appointment date in Form 45 and the proposed bill of 
costs.
(3)  If any other party obtains an appointment date, that party must
	(a)	20 days or more before the appointment date, serve notice of 
the appointment date in Form 45 on every party affected, and
	(b)	serve on the party entitled to payment of costs a request that 
the entitled party prepare a proposed bill of costs.
(4)  The recipient of the request to prepare a proposed bill of costs 
must do so as soon as practicable and file it and serve it on every other 
party 10 days or more before the appointment date.
(5)  An assessment officer may vary a time period referred to in this 
rule whether or not the period has passed.
Assessment officer's authority
10.38(1)  For the purpose of assessing costs payable, an assessment 
officer may do all or any of the following:
	(a)	take evidence either by affidavit or orally under oath, or both;
	(b)	direct the production of records;
	(c)	require notice of the appointment for the assessment to be 
served on persons who may be affected by the assessment or 
who have an interest in the trust, estate, fund or property 
from which the costs are or may be paid or charged;
	(d)	give directions about how a notice of the appointment for the 
assessment is to be served;
	(e)	allow a party to be independently represented by a lawyer;
	(f)	require details of the services provided and disbursements or 
other charges claimed or require information about any other 
matter necessary to understand the reason for an item in the 
bill of costs and to decide whether the item and charge is 
reasonable and proper;
	(g)	validate service of the notice of the appointment or, if service 
is impractical or impossible, dispense with service.
(2)  An assessment officer may not conduct an assessment of costs that 
have previously been assessed by an assessment officer unless the 
Court so orders or the parties agree.
Reference to Court
10.39(1)  An assessment officer may direct any question arising about 
the assessment of costs payable to be referred to the Court for a 
decision or direction.
(2)  The assessment officer may do all or any of the following:
	(a)	require one party to serve another party or other interested 
person with notice of the reference;
	(b)	specify how a reference to the Court is to be prepared and by 
whom;
	(c)	prescribe time limits;
	(d)	specify any other matter for the effective and efficient 
disposition of the reference.
(3)  On considering a question referred to it, the Court may make any 
order it considers appropriate in the circumstances, including an order 
to enforce a direction given under rule 10.38.
Absence of person served with notice of appointment for assessment
10.40   An assessment officer may, on proof of service of the notice 
of appointment and proposed bill of costs, proceed with the assessment 
of costs payable despite the absence of the person served.
Assessment officer's decision
10.41(1)  Subject to an order, if any, an assessment officer may, with 
respect to an assessment of costs payable, determine whether the costs 
that a party incurred to
	(a)	file an application,
	(b)	take proceedings,
	(c)	carry on an action, or
	(d)	participate in an action, application or proceeding,
are reasonable and proper costs.
(2)  Reasonable and proper costs of a party under subrule (1)
	(a)	include the reasonable and proper costs that a party incurred 
to bring an action,
	(b)	unless the Court otherwise orders, include costs that a party 
incurred in an assessment of costs before the Court,
	(c)	unless the Court or an assessment officer otherwise directs, 
include costs that a party incurred in an assessment of costs 
before an assessment officer,
	(d)	do not include costs related to a dispute resolution process 
described in rule 4.16 or a judicial dispute resolution process 
under an arrangement described in rule 4.18 unless a party 
engages in serious misconduct in the course of the dispute 
resolution process or the judicial dispute resolution process, 
and
	(e)	do not include, unless the Court otherwise orders, the fees 
and other charges of an expert for an investigation or inquiry, 
or the fees and other charges of an expert for assisting in the 
conduct of a summary trial or a trial.
(3)  In making an assessment under subrule (1) and taking into account 
the conduct of the parties, the assessment officer
	(a)	may decide whether an item in the bill of costs is reasonably 
and properly incurred,
	(b)	may disallow an item in a bill of costs that is improper, 
unnecessary, excessive or a mistake,
	(c)	may fix the amount recoverable for services performed by a 
lawyer that are not specified or described in Schedule C,
	(d)	may not allow lawyer's fees at more than the amounts 
specified in Schedule C except when these rules, including 
the Schedule, explicitly permit or a written agreement 
expressly provides for a different basis for recovery,
	(e)	may not reduce an amount provided for in Schedule C
	(i)	unless Schedule C so permits, or
	(ii)	except in exceptional circumstances,
		and
	(f)	may, in exceptional circumstances, reduce an amount, or 
allow a fraction of an amount, if the services were 
incomplete or limited.
(4)  If the assessment officer disallows or reduces a fee specified in 
Schedule C, the assessment officer must give reasons for doing so.
(5)  If a party that is liable to pay costs is also entitled to payment of 
costs, the assessment officer may
	(a)	adjust the amount payable by way of deduction or set-off, or
	(b)	delay ordering the payment of costs to a party until that party 
has paid any costs for which that party is liable.
Actions within Provincial Court jurisdiction
10.42(1)  This rule applies only to actions the subject-matter of which 
is within the jurisdiction of the Provincial Court.
(2)  Despite anything in this Division or Schedule C, unless the Court 
otherwise orders,
	(a)	in the case of an action brought in the Court of Queen's 
Bench for which the amount sued for or the amount of the 
judgment or order does not exceed the amount for which the 
Provincial Court has jurisdiction under section 9.6 of the 
Provincial Court Act, the costs to and including judgment or 
order must be assessed, if at all, at not more than 75% of the 
amount specified in Column 1 of the tariff in Division 2 of 
Schedule C;
	(b)	in the case of an action described in clause (a), post-judgment 
matters are to be assessed, if at all, at not more than 100% of 
the amount specified in Column 1 of the tariff in Division 2 
of Schedule C.
Certification of costs payable
10.43(1)  An assessment officer's decision must be given by an 
interim or final certificate, which may be endorsed on a bill of costs, 
and which must
	(a)	certify the amount to be paid by each party or person,
	(b)	certify any special circumstance and the amount to be paid by 
each party or person with respect to the special circumstance, 
and
	(c)	be dated and signed by the assessment officer.
(2)  A certificate that meets the requirements stated in subrule (1) is 
conclusive proof of the amount that a party or person who had notice 
of the assessment must pay.
Subdivision 3 
Appeal from Assessment Officer's Decision
Appeal to judge
10.44(1)  A party to an assessment officer's decision under this 
Division or a party to an assessment officer's decision under rule 9.35 
may appeal the decision to a judge.
(2)  The appeal from an assessment officer's decision is an appeal on 
the record of proceedings before the assessment officer.
(3)  The record of proceedings is
	(a)	Form 45 served under rule 10.37(2),
	(b)	the material the parties filed to support or oppose, or that was 
required for, the assessment,
	(c)	the transcript of the proceedings before the assessment 
officer, unless the judge waives this requirement, and
	(d)	the assessment officer's certificate.
(4)  The appellant must file and serve on the respondent to the appeal, 
within one month after the date of the assessment officer's decision,
	(a)	notice of the appeal in Form 46,
	(b)	the record of proceedings described in subrule (3) or, if the 
transcript is not available at the time of filing, confirmation 
that the transcript of the proceedings has been ordered, and
	(c)	any further written argument.
(5)  The respondent to the appeal must, within 10 days after service of 
the notice of appeal, file and serve on the appellant any written 
argument the respondent wishes to make.
Decision of the judge
10.45(1)  After hearing an appeal from an assessment officer's 
decision, the judge may, by order, do one or more of the following:
	(a)	confirm, vary or revoke the decision;
	(b)	revoke the decision and substitute a decision;
	(c)	revoke all or part of the decision and refer the matter back to 
the same or another assessment officer;
	(d)	make any other order the judge considers appropriate.
(2)  If the amount of lawyer's charges payable pursuant to the decision 
of the review officer has been paid and, after payment, is reduced on 
appeal, the lawyer may be ordered to return the excess and, if the 
lawyer fails to do so, the lawyer, in addition to being liable for that 
amount, may be found guilty of a civil contempt.
Division 3 
Other Matters Related to  
Lawyers' Charges and Litigation Costs
Review and assessment under enactments
10.46(1)  If an enactment requires or authorizes an amount to be 
considered, taxed, assessed or reviewed under these rules, a review 
officer or an assessment officer, as the circumstances require, must 
consider, tax, assess or review the amount
	(a)	in accordance with the enactment, and
	(b)	in accordance with any of these rules that apply or that can be 
applied or should be applied by analogy.
(2)  If an enactment requires or authorizes both lawyers' charges and 
other costs of proceedings to be considered, taxed, assessed or 
reviewed under these rules, a review officer must perform the function
	(a)	in accordance with the enactment, and
	(b)	in accordance with any of these rules that apply or that can be 
applied or should be applied by analogy.
(3)  A review officer or assessment officer acting under this rule has all 
the powers that the officer has in carrying out a review or an 
assessment of costs under this Part in addition to any powers that the 
officer has under the enactment.
(4)  A decision of a review officer or an assessment officer may be 
appealed under rule 10.26 or 10.44, as circumstances permit, and rule 
10.27 or 10.45 applies as the case requires.
Liability of litigation representative for costs
10.47(1)  A litigation representative for a plaintiff is liable to pay a 
costs award against the plaintiff.
(2)  A litigation representative for a defendant is not liable to pay a 
costs award against the defendant unless
	(a)	the litigation representative has engaged in serious 
misconduct, and
	(b)	the Court so orders.
Recovery of goods and services tax
10.48(1)  Unless the Court otherwise orders, a party entitled to costs 
in a costs award is entitled to recover the goods and services tax on 
those costs by providing a certificate in accordance with subrule (2) 
that is satisfactory to the assessment officer.
(2)  The certificate must be in the form of an affidavit endorsed on, 
attached to or filed with the bill of costs stating that
	(a)	the person making the affidavit has personal knowledge of 
the facts stated,
	(b)	the party entitled to receive payment under the bill of costs, 
and not another party, will actually pay the goods and 
services tax on that party's costs,
	(c)	the goods and services tax will not be passed on to, or be 
reimbursed by, any other person, and
	(d)	the party entitled to receive payment under the bill of costs is 
not eligible for the goods and services tax input tax credit.
Division 4 
Sanctions
Subdivision 1 
Penalty
Penalty for contravening rules
10.49(1)  The Court may order a party, lawyer or other person to pay 
to the court clerk a penalty in an amount determined by the Court if
	(a)	the party, lawyer or other person contravenes or fails to 
comply with these rules or a practice note or direction of the 
Court without adequate excuse, and
	(b)	the contravention or failure to comply, in the Court's 
opinion, has interfered with or may interfere with the proper 
or efficient administration of justice.
(2)  The order applies despite
	(a)	a settlement of the action, or
	(b)	an agreement to the contrary by the parties.
Costs imposed on lawyer
10.50   If a lawyer for a party engages in serious misconduct, the 
Court may order the lawyer to pay a costs award with respect to a 
person named in the order.
Subdivision 2 
Civil Contempt of Court
Order to appear
10.51   The Court may grant an order in Form 47 that requires a 
person to appear before it, or may order a peace officer to take a person 
into custody and to bring the person before the Court, to show cause 
why that person should not be declared to be in civil contempt of 
Court.
Declaration of civil contempt
10.52(1)  Except when a person is before the Court as described in 
subrule (3)(a)(ii) or (v), before an order declaring a person in civil 
contempt of Court is made, notice of the application in Form 27 for a 
declaration of civil contempt must be served on the person in the same 
manner as a commencement document.
(2)  If a lawyer accepts service of a notice of an application seeking an 
order declaring the lawyer's client to be in civil contempt of Court, the 
lawyer must notify the client of the notice as soon as practicable after 
being served.
(3)  A judge may declare a person to be in civil contempt of Court if
	(a)	the person, without reasonable excuse,
	(i)	does not comply with an order, other than an order to 
pay money, that has been served in accordance with the 
rules for service of commencement documents or of 
which the person has actual knowledge,
	(ii)	is before the Court and engages in conduct that warrants 
a declaration of civil contempt of Court,
	(iii)	does not comply with an order served on the person, or 
an order of which the person has actual knowledge, to 
appear before the Court to show cause why the person 
should not be declared to be in civil contempt of Court,
	(iv)	does not comply with an order served on the person, or 
an order of which the person has actual knowledge, to 
attend for questioning under these rules or to answer 
questions the person is ordered by the Court to answer,
	(v)	is a witness in an application or at trial and refuses to be 
sworn or refuses to answer proper questions, or
	(vi)	does not perform or observe the terms of an undertaking 
given to the Court,
		or
	(b)	an enactment so provides.
Punishment for civil contempt of Court
10.53(1)  Every person declared to be in civil contempt of Court is 
liable to any one or more of the following penalties or sanctions in the 
discretion of a judge:
	(a)	imprisonment until the person has purged the person's 
contempt;
	(b)	imprisonment for not more than 2 years;
	(c)	a fine and, in default of paying the fine, imprisonment for not 
more than 6 months;
	(d)	if the person is a party to an action, application or 
proceeding, an order that
	(i)	all or part of a commencement document, affidavit or 
pleading be struck out,
	(ii)	an action or an application be stayed,
	(iii)	a claim, action, defence, application or proceeding be 
dismissed, or judgment be entered or an order be made, 
or
	(iv)	a record or evidence be prohibited from being used or 
entered in an application, proceeding or at trial.
(2)  The Court may also make a costs award against a person declared 
to be in civil contempt of Court.
(3)  If a person declared to be in civil contempt of Court purges the 
person's contempt, the Court may waive or suspend any penalty or 
sanction.
(4)  The judge who imposed a penalty or sanction for civil contempt 
may, on notice to the person concerned, increase, vary or remit the 
penalty or sanction.
Division 5 
Medical Examination
Mental disorder
10.54(1)  In this rule,
	(a)	"examination" means a medical examination conducted for 
the purpose of determining a person's mental state;
	(b)	"facility" means
	(i)	a facility as defined in the Mental Health Act, or
	(ii)	a correctional institution as defined in the Corrections 
Act.
(2)  If a person is declared to be in civil contempt of Court and the 
judge is satisfied that there are reasonable and probable grounds to 
believe that the person is
	(a)	suffering from a mental disorder, or
	(b)	likely to cause harm to himself or herself or others or to 
suffer substantial mental or physical deterioration or serious 
physical impairment,
and would otherwise be unwilling, on that person's own initiative, to 
attend an examination, the judge may order that the person be taken 
into custody by a peace officer and taken to a facility for the purpose 
of examination and a report to the Court, as directed by the Court.
(3)  An order made under subrule (2) is sufficient authority to detain, 
control, transport, examine, care for, observe, assess and prepare a 
report for the Court about the person named in the order.
Division 6 
Inherent Jurisdiction
Inherent jurisdiction
10.55   Nothing in these rules prevents or is to be interpreted as 
preventing the Court, as a superior court, from exercising its inherent 
power to cite in contempt and punish those who disobey the Court's 
lawful orders or who otherwise display contempt for its process.
Part 11 
Service of Documents
Division 1 
General Provisions
Service of original documents and copies
11.1   When a document must or may be served under these rules, 
either the original document or a copy of the original document may be 
served unless the Court otherwise orders.
Service not invalid
11.2   Service by mail or recorded mail is not invalid by reason only 
that
	(a)	the addressee refuses to accept the mail,
	(b)	the addressee returns the mail,
	(c)	in the case of recorded mail, the addressee refuses to take 
delivery of the recorded mail, or
	(d)	the addressee no longer resides or is otherwise not present at 
the address and has not provided the postal service with a 
current mailing address.
Division 2 
Service of Commencement  
Documents in Alberta
Agreement between parties
11.3(1)  If, in a contract that is the subject of an action, the parties 
agree on
	(a)	a place for service,
	(b)	a mode of service, or
	(c)	a person on whom service may be effected,
service of a document may be made in accordance with the agreement, 
and service is effected when so made.
(2)  An agreed method of service described in subrule (1) that applies 
outside Alberta must comply with rule 11.25.
(3)  An agreement about service of documents under this rule does not 
invalidate the service of a document that otherwise complies with the 
rules in this Part.
Methods of service in Alberta
11.4   Unless the Court otherwise orders or these rules otherwise 
provide, a commencement document must be served in Alberta and in 
accordance with
	(a)	a method of service provided by an enactment, or
	(b)	this Division.
Service on individuals
11.5(1)  A commencement document may be served on an individual 
who is not required to be served by another method under this Division 
by
	(a)	being left with the individual, or
	(b)	being sent by recorded mail addressed to the individual.
(2)  Service is effected under this rule,
	(a)	if the document is left with the individual, on the date it is 
left, or
	(b)	if the document is sent by recorded mail, on the date 
acknowledgment of receipt is signed by the individual to 
whom it is addressed.
Service on trustees and personal representatives
11.6(1)  A commencement document may be served on a trustee or 
personal representative who is an individual
	(a)	by being left with the trustee or personal representative, or
	(b)	by being sent by recorded mail addressed to the trustee or 
personal representative.
(2)  Service is effected under subrule (1),
	(a)	if the document is left with the trustee or personal 
representative, on the date it is left, or
	(b)	if the document is sent by recorded mail, on the date 
acknowledgment of receipt is signed by the trustee or 
personal representative to whom it is addressed.
(3)  A commencement document may be served on a trustee or 
personal representative that is a corporation in accordance with rule 
11.9(1), and service on the trustee or personal representative is effected 
in accordance with rule 11.9(2).
Service on litigation representatives
11.7(1)  A commencement document may be served on a litigation 
representative who is an individual
	(a)	by being left with the litigation representative, or
	(b)	by being sent by recorded mail addressed to the litigation 
representative.
(2)  Service is effected under subrule (1),
	(a)	if the document is left with the litigation representative, on 
the date it is left, or
	(b)	if the document is sent by recorded mail, on the date 
acknowledgment of receipt is signed by the litigation 
representative to whom it is addressed.
(3)  A commencement document may be served on a litigation 
representative that is a corporation in accordance with rule 11.9(1), and 
service on the litigation representative is effected in accordance with 
rule 11.9(2).
Missing persons
11.8(1)  A commencement document may be served on an individual 
who is declared to be a missing person under the Public Trustee Act
	(a)	by being left at the office of the Public Trustee with an 
individual who appears to have management or control 
responsibilities in that office, or
	(b)	by being sent by recorded mail to the Public Trustee.
(2)  Service is effected under this rule,
	(a)	if the document is left with an individual in accordance with 
subrule (1)(a), on the date it is left, or
	(b)	if the document is sent by recorded mail, on the date 
acknowledgment of receipt is signed.
Service on corporations
11.9(1)  A commencement document may be served on a corporation
	(a)	by being left
	(i)	with an officer of the corporation who appears to have 
management or control responsibilities with respect to 
the corporation, or
	(ii)	with an individual who appears to have management or 
control responsibilities with respect to the corporation at 
its principal place of business or activity in Alberta, or 
at the corporation's place of business or activity in 
Alberta where the claim arose,
		or
	(b)	by being sent by recorded mail, addressed to the corporation, 
to the principal place of business or activity in Alberta of the 
corporation.
(2)  Service is effected under this rule,
	(a)	if the document is left with an individual in accordance with 
subrule (1)(a), on the date it is left, or
	(b)	if the document is sent by recorded mail, on the date 
acknowledgment of receipt is signed.
Service on limited partnerships
11.10(1)  A commencement document may be served on a limited 
partnership that is the subject of a claim in the name of the limited 
partnership
	(a)	by being left
	(i)	with an individual who is a general partner, or
	(ii)	with an individual who appears to have management or 
control responsibilities with respect to the limited 
partnership at its principal place of business or activity 
in Alberta, or at the limited partnership's place of 
business or activity in Alberta where the claim arose,
		or
	(b)	by being sent by recorded mail, addressed to the limited 
partnership, to the principal place of business or activity in 
Alberta of the limited partnership.
(2)  Service is effected under subrule (1),
	(a)	if the document is left with an individual, on the date it is 
left, or
	(b)	if the document is sent by recorded mail, on the date 
acknowledgment of receipt is signed.
(3)  If a general partner is a corporation, the commencement document 
may be served on that general partner in accordance with rule 11.9(1), 
and service on the general partner is effected in accordance with rule 
11.9(2).
Service on partnerships other than limited partnerships
11.11(1)  A commencement document may be served in the name of 
the partnership on every partnership other than a limited partnership 
that is the subject of a claim,
	(a)	by being left
	(i)	with an individual who is a partner, or
	(ii)	with an individual who appears to have management or 
control responsibilities with respect to the partnership at 
its principal place of business or activity in Alberta, or 
at the partnership's place of business or activity in 
Alberta where the claim arose,
		or
	(b)	by being sent by recorded mail, addressed to the partnership, 
to the principal place of business or activity in Alberta of the 
partnership.
(2)  Service is effected under subrule (1),
	(a)	if the document is left with an individual in accordance with 
subrule (1)(a), on the date it is left, or
	(b)	if the document is sent by recorded mail, on the date 
acknowledgment of receipt is signed.
(3)  If a partner is a corporation, the commencement document may be 
served on that partner in accordance with rule 11.9(1), and service on 
the partner is effected in accordance with rule 11.9(2).
Service on individuals using another name
11.12(1)  If a claim is made against a single individual carrying on 
business, operating or engaged in an activity under another name, a 
commencement document may be served on the individual
	(a)	by being left
	(i)	with the individual, or
	(ii)	with an individual who appears to have management or 
control responsibilities with respect to the business, 
operation or activity at the principal place of business, 
operation or activity in Alberta, or at the place of 
business, operation or activity in Alberta where the 
claim arose,
		or
	(b)	by being sent by recorded mail, addressed to the business, 
operation or activity name, to the principal place of business 
or activity in Alberta of the business, operation or activity.
(2)  Service is effected under subrule (1),
	(a)	if the document is left with an individual in accordance with 
subrule (1)(a), on the date it is left, or
	(b)	if the document is sent by recorded mail, on the date 
acknowledgment of receipt is signed.
Service on a corporation using another name
11.13(1)  If a claim is made against a single corporation carrying on 
business or operating in a name other than its own, a commencement 
document may be served on that corporation
	(a)	by being left
	(i)	with an officer of the corporation who appears to have 
management or control responsibilities with respect to 
the corporation, or
	(ii)	with an individual who appears to have management or 
control responsibilities with respect to the corporation at 
the principal place of business or activity in Alberta of 
the corporation, or at the place of business or activity in 
Alberta of the corporation at which the claim arose,
		or
	(b)	by being sent by recorded mail, addressed to the business or 
operating name of the corporation, to the principal place of 
business or activity in Alberta of the corporation.
(2)  Service is effected under this rule,
	(a)	if the document is left with an individual in accordance with 
subrule (1)(a), on the date it is left, or
	(b)	if the document is sent by recorded mail, on the date 
acknowledgment of receipt is signed.
Service on statutory and other entities
11.14(1)  A commencement document may be served on an entity 
established by or under an enactment, or an entity not otherwise 
described in this Part, that is capable of being the subject of an action,
	(a)	by being left
	(i)	with an officer or administrator of the entity who 
appears to have management or control responsibilities 
with respect to the entity, or
	(ii)	with an individual who appears to have management or 
control responsibilities with respect to the entity at the 
entity's principal place of business or activity in 
Alberta, or at the entity's place of business or activity in 
Alberta where the claim arose,
		or
	(b)	by being sent by recorded mail, addressed to the entity, to the 
entity's principal place of business or activity in Alberta.
(2)  Service is effected under this rule,
	(a)	if the document is left with an individual in accordance with 
subrule (1)(a), on the date it is left, or
	(b)	if the document is sent by recorded mail, on the date 
acknowledgment of receipt is signed.
Service on person providing an address for service
11.15(1)  In an action, a commencement document may be served on 
a person who has provided an address for service on a filed document
	(a)	by being left, addressed to the person, at that address, or
	(b)	by being sent by recorded mail, addressed to the person, at 
that address.
(2)  Service is effected under subrule (1),
	(a)	if the document is left at the address, on the date it is left, or
	(b)	if the document is sent by recorded mail, on the date 
acknowledgment of receipt is signed.
Service on lawyer
11.16(1)  If a lawyer acts for a person in an action and the person 
must be served with a commencement document, the lawyer may, in 
writing, accept service on behalf of the person.
(2)  Service is effected under this rule on the date service of the 
commencement document is accepted in writing by the lawyer.
Service on lawyer of record
11.17(1)  A commencement document may be served on a party by 
being served on the lawyer of record for the party
	(a)	by being left with the lawyer, being left at the lawyer's 
office, or being left at another address specified by the 
lawyer, or
	(b)	by being sent by recorded mail, addressed to the lawyer, to 
the lawyer's office.
(2)  Service is effected under this rule,
	(a)	if the document is left with the lawyer or at the lawyer's 
office or at another address specified by the lawyer, on the 
date it is left, or
	(b)	if the document is sent by recorded mail, on the date 
acknowledgment of receipt is signed.
Service on self-represented litigants
11.18(1)  A self-represented litigant may accept, in writing, service of 
a commencement document.
(2)  Service is effected under this rule on the date that the 
self-represented litigant accepts service of the document in writing.
Service on business representatives of absent parties
11.19(1)  A commencement document may be served on a party who 
is out of Alberta but who has a representative who resides and carries 
on the absent party's business in Alberta, if the claim arose in respect 
of that business,
	(a)	by being left with the representative, or
	(b)	by being sent by recorded mail addressed to the 
representative.
(2)  Service is effected under subrule (1),
	(a)	if the document is left with the representative, on the date it 
is left, or
	(b)	if the document is sent by recorded mail, on the date 
acknowledgment of receipt is signed by the representative.
(3)  If the representative described in subrule (1) is a corporation, the 
corporation may be served in accordance with rule 11.9(1), and service 
is effected on the representative in accordance with rule 11.9(2).
Division 3 
Service of Documents, Other than 
Commencement Documents, in Alberta
Service of documents, other than commencement documents, in Alberta
11.20   Unless the Court otherwise orders or these rules or an 
enactment otherwise provides, every document, other than a 
commencement document, that is to be served in Alberta may only be 
served by
	(a)	a method of service described in Division 2 for service of a 
commencement document,
	(b)	a method of service described in rule 11.21,
	(c)	recorded mail under rule 11.22, or
	(d)	a method of service agreed to under rule 11.3.
Service by electronic method
11.21(1)  A document, other than a commencement document, may 
be served on a person who has specifically provided an address to 
which information or data in respect of an action may be transmitted, if 
the document is sent to the person at the specified address, and
	(a)	the electronic agent receiving the document at that address 
receives the document in a form that is usable for subsequent 
reference, and
	(b)	the sending electronic agent obtains or receives a 
confirmation that the transmission to the address of the 
person to be served was successfully completed.
(2)  Service is effected under subrule (1) when the sending electronic 
agent obtains or receives confirmation of the successfully completed 
transmission.
(3)  In this rule, "electronic" and "electronic agent" have the same 
meanings as they have in the Electronic Transactions Act.
Recorded mail service
11.22(1)  A document, other than a commencement document, may 
be served on a party in Alberta by being sent by recorded mail, 
addressed to the party at the address for service provided in the most 
recently filed document in the action.
(2)  Service is effected under this rule on the earlier of
	(a)	the date acknowledgment of receipt is signed, and
	(b)	7 days after the date on which the recorded mail is sent.
Division 4 
Service of Documents, Other than 
Commencement Documents, in Foreclosure 
Actions
Additional service options in foreclosure actions
11.23(1)  In addition to the other methods of service described in this 
Part, service of every document in a foreclosure action, other than a 
commencement document, may be effected, unless the Court otherwise 
orders,
	(a)	by leaving the document, addressed to the person to be 
served, at an address described in subrule (2), or
	(b)	by sending the document by recorded mail, addressed to the 
person to be served, to an address described in subrule (2).
(2)  The addresses referred to in subrule (1) are
	(a)	the address of the place where the person to be served 
resides,
	(b)	if the person to be served carries on business at the address of 
secured land that is the subject of the action, that address,
	(c)	if the address of the place where the person to be served 
resides is not known to the person attempting service or if the 
person to be served does not carry on business at the address 
of the secured land that is the subject of the action, then
	(i)	the address of the person to be served shown on the 
current title to the secured land, or
	(ii)	if the person to be served is named as a secured party in 
a current registration of a security interest in the 
Personal Property Registry, the address of that person as 
shown in the registration,
		or
	(d)	in the case of an offeror or tenderer, the address of the offeror 
or tenderer shown in the offer or tender for secured property.
(3)  Service is effected under this rule,
	(a)	if the document is left at the address, on the date it is left, or
	(b)	if the document is sent by recorded mail, on the earlier of
	(i)	the date acknowledgment of receipt is signed, and
	(ii)	7 days after the date on which the recorded mail is sent.
Notice of address for service in foreclosure actions
11.24   In a foreclosure action, encumbrancers, tenants, offerors, 
tenderers, and defendants whether or not they have been noted in 
default may file and serve on any plaintiff, encumbrancer, tenant, 
offeror, tenderer or defendant in the action a notice in Form 48 giving 
an address for service in Alberta, including an address described in 
rule 11.21, at which any document that is required to be served on 
them in the action may be served.
Division 5 
Service of Documents Outside Alberta
Real and substantial connection
11.25(1)  A commencement document may be served outside Alberta 
and in Canada only if
	(a)	a real and substantial connection exists between Alberta and 
the facts on which a claim in the action is based, and
	(b)	the commencement document discloses the facts in support 
and specifically refers to the grounds for service of the 
document outside Alberta and in Canada.
(2)  A commencement document may be served outside Canada only if
	(a)	a real and substantial connection exists between Alberta and 
the facts on which a claim in an action is based and the 
commencement document is accompanied with a document 
that sets out the grounds for service of the document outside 
Canada, or
	(b)	the Court, on application supported by an affidavit 
satisfactory to the Court, permits service outside Canada.
(3)  Without limiting the circumstances in which a real and substantial 
connection may exist between Alberta and the facts on which a claim 
in an action is based, in the following circumstances a real and 
substantial connection is presumed to exist:
	(a)	the claim relates to land in Alberta;
	(b)	the claim relates to a contract or alleged contract made, 
performed or breached in Alberta;
	(c)	the claim is governed by the law of Alberta;
	(d)	the claim relates to a tort committed in Alberta;
	(e)	the claim relates to the enforcement of a security against 
property other than land by the sale, possession or recovery 
of the property in Alberta;
	(f)	the claim relates to an injunction in which a person is to do or 
to refrain from doing something in Alberta;
	(g)	the defendant is resident in Alberta;
	(h)	the claim relates to the administration of an estate and the 
deceased died while ordinarily resident in Alberta;
	(i)	the defendant, although outside Alberta, is a necessary or 
proper party to the action brought against another person who 
was served in Alberta;
	(j)	the claim is brought against a trustee in relation to the 
carrying out of a trust in any of the following circumstances:
	(i)	the trust assets include immovable or movable property 
in Alberta and the relief claimed is only as to that 
property;
	(ii)	the trustee is ordinarily resident in Alberta;
	(iii)	the administration of the trust is principally carried on in 
Alberta;
	(iv)	by the express terms of a trust document, the trust is 
governed by the law of Alberta;
	(k)	the action relates to a breach of an equitable duty in Alberta.
Methods of service outside Alberta
11.26(1)  Unless the Court otherwise orders, if a document may be 
served outside Alberta under these rules, the document must be served
	(a)	by a method provided by these rules for service of the 
document in Alberta,
	(b)	in accordance with a method of service of documents under 
the Hague Convention on the Service Abroad of Judicial and 
Extrajudicial Documents in Civil or Commercial Matters that 
is allowed by the jurisdiction in which the document is to be 
served, if the Convention applies, or
	(c)	in accordance with the law of the jurisdiction in which the 
person to be served is located.
(2)  Service is effected under this rule,
	(a)	if the document is served by a method of service provided for 
service of documents in Alberta, on the date specified by 
these rules for when service is effected,
	(b)	if the document is served under the Hague Convention on the 
Service Abroad of Judicial and Extrajudicial Documents in 
Civil or Commercial Matters, on the date service is effected 
under the Convention, or
	(c)	in accordance with the law of the jurisdiction in which the 
person is served.
Division 6 
Validating, Substituting, Dispensing with and 
Setting Aside Service
Validating service
11.27(1)  On application, the Court may make an order validating the 
service of a document served inside or outside Alberta in a manner that 
is not specified by these rules if the Court is satisfied that the method 
of service used brought or was likely to have brought the document to 
the attention of the person to be served.
(2)  On application, the Court may make an order validating the service 
of a document served inside or outside Alberta if the Court is satisfied 
that the document would have been served on the person or would 
have come to the attention of the person if the person had not evaded 
service.
(3)  If service is validated by the Court under this rule, service is 
effected on the date specified in the order.
Substitutional service
11.28(1)  If service of a document, inside or outside Alberta,  is 
impractical, the Court may, on application, make an order for 
substitutional service.
(2)  The application must be supported by an affidavit
	(a)	setting out why service is impractical,
	(b)	proposing an alternative method of service, and
	(c)	stating why the alternative method of service is likely to 
bring the document to the attention of the person to be 
served.
(3)  Unless otherwise ordered, an order for substitutional service of a 
document must be served with the document except when 
substitutional service is by advertisement, in which case the 
advertisement must contain a reference to the order.
(4)  If a document is served in accordance with an order for 
substitutional service, service is effected on the date specified in the 
order.
Dispensing with service
11.29(1)  On application, the Court may make an order dispensing 
with service, inside or outside Alberta, if service of a document by a 
method prescribed by these rules is impractical or impossible.
(2)  The application must be supported by an affidavit
	(a)	setting out that all reasonable efforts to serve the document 
have been exhausted or are impractical or impossible,
	(b)	stating why there is no or little likelihood that the issue will 
be disputed, and
	(c)	stating that no other method of serving the document is or 
appears to be available.
Proving service of documents
11.30(1)  Service of a document in Alberta and service of documents 
other than commencement documents outside Alberta may be proved 
to have been effected
	(a)	by an affidavit
	(i)	stating that the person was served,
	(ii)	describing the method of service, and
	(iii)	stating the date, time and place of service,
	(b)	by an acknowledgment or acceptance of service in writing by 
the person served or by a lawyer on the person's behalf, or
	(c)	by an order validating service under rule 11.27.
(2)  Service of a commencement document outside Alberta may be 
proved to have been effected
	(a)	by an affidavit
	(i)	stating the real and substantial connection between 
Alberta and the claim,
	(ii)	stating that the person was served,
	(iii)	describing the method of service, and
	(iv)	stating the date, time and place of service,
	(b)	by an acknowledgment or acceptance of service in writing by 
the person served or by a lawyer on the person's behalf, or
	(c)	by an order validating service under rule 11.27.
Setting aside service
11.31(1)  A defendant may apply to the Court to set aside
	(a)	service of a commencement document,
	(b)	an order for substitutional service of a commencement 
document, or
	(c)	an order dispensing with service of a commencement 
document,
only before the defendant files a statement of defence or a demand for 
notice.
(2)  An application under this rule is not an acknowledgment by the 
defendant that the Court has jurisdiction with respect to a claim, 
counterclaim or third party claim in respect of which the application is 
filed.
(3)  If the Court is satisfied that
	(a)	the addressee did not receive a document, other than a 
commencement document, sent by recorded mail within 7 
days after the date on which the recorded mail was sent,
	(b)	the failure of the addressee to receive the document is not 
attributable to the addressee's own efforts to avoid receiving 
the document, and
	(c)	the addressee would be prejudiced by the application of rule 
11.22(2),
the Court may make any order that the Court considers appropriate in 
respect of any matter relating to the document, including setting aside 
service.
Division 7 
Service of Foreign Process
Procedure for service
11.32   If the court clerk receives a written request from a court or 
tribunal in a foreign country to serve on a person in Alberta a process 
or citation in respect of a civil or commercial matter, the following 
rules apply:
	(a)	2 copies of the process or citation to be served must be 
provided to the court clerk;
	(b)	if the request, process or citation is not in the English 
language, 2 copies of an English translation of any document 
that is not in the English language must be provided to the 
court clerk;
	(c)	service may be effected in accordance with the Alberta rules 
for service of the same or a similar document, or in a manner 
directed in the request of the foreign court or tribunal to the 
court clerk;
	(d)	after service has been effected, the person effecting service 
must return to the court clerk of the appropriate judicial 
centre one copy of the process or citation, together with an 
affidavit of service and particulars of the cost of service;
	(e)	the court clerk must return the request, together with the 
affidavit of service, to the foreign court or tribunal that made 
the request, and must certify
	(i)	the amount properly payable for service,
	(ii)	that the affidavit of service is sufficient proof of service 
as required by these rules, and
	(iii)	if it is the case, that the service is effective under these 
rules.
Part 12 
Family Law Rules
Division 1 
Foundational Rules
Definitions
12.1   In this Part,
	(a)	"action for unjust enrichment" means an action that is based 
on the equitable doctrine of unjust enrichment between 2 
parties who have lived together in a relationship of 
interdependence;
	(b)	"party", in respect of a proceeding under the Family Law Act, 
includes a public official, including the Director acting under 
Part 5 of the Income and Employment Supports Act, who, 
pursuant to any enactment, has the right to commence, 
defend, intervene in or take any step in respect of the 
application and exercises that right;
	(c)	"provisional order" means a provisional order under the 
Divorce Act (Canada).
What this Part applies to
12.2   Unless otherwise specified, this Part applies to the following:
	(a)	a proceeding under the Divorce Act (Canada);
	(b)	a proceeding under the Family Law Act;
	(c)	a proceeding under the Matrimonial Property Act;
	(d)	a proceeding under the Protection Against Family Violence 
Act;
	(e)	a proceeding under the Change of Name Act;
	(f)	a proceeding under the Extra-provincial Enforcement of 
Custody Orders Act;
	(g)	an action for unjust enrichment between 2 parties who have 
lived together in a relationship of interdependence;
	(h)	an application for partition and sale pursuant to Part 3 of the 
Law of Property Act between 2 parties who have lived 
together in a relationship of interdependence;
	(i)	an application for a restraining order between 2 parties who 
have lived together in a relationship of interdependence;
	(j)	an application to vary, suspend or rescind a corollary relief 
order granted by another court under the Divorce Act 
(Canada).
Application of other Parts
12.3   Subject to this Part and any enactment, other Parts of these rules 
apply to proceedings and appeals under this Part.
Forms
12.4   In this Part, a reference to a form with the prefix "FL" is a 
reference to a form set out in Schedule A, Division 2.
Division 2 
The Parties to Litigation
Requirement that parties be spouses
12.5(1)  Unless otherwise ordered, in a proceeding under the Divorce 
Act (Canada), including a counterclaim, the parties to the proceeding 
must be spouses or former spouses of one another.
(2)  In a proceeding, including a counterclaim or third party claim, that 
is
	(a)	both a proceeding under the Divorce Act (Canada) and a 
proceeding under the Matrimonial Property Act, or
	(b)	a proceeding that combines a proceeding under the Divorce 
Act (Canada), a proceeding under the Matrimonial Property 
Act and an action for unjust enrichment,
the only parties to the proceeding may be the spouses or former 
spouses of one another unless another person is a necessary party for 
the disposition of the property issues.
Exception to rule 2.11(a)
12.6(1)  Subject to the Minors' Property Act, if an individual who is 
under 18 years of age is or has been a spouse or adult interdependent 
partner, as those terms are defined in the Adult Interdependent 
Relationships Act, that individual need not have a litigation 
representative as required under rule 2.11(a).
(2)  A child is not considered to be participating in a proceeding for the 
purposes of rule 2.11(a) merely by virtue of
	(a)	being the subject of a guardianship, custody, access, 
parenting or contact dispute, or
	(b)	being served with a notice of a proceeding pursuant to an 
enactment that requires a person under 18 years of age to be 
served with notice of a proceeding.
Division 3 
Court Actions
Subdivision 1 
Actions Relating to Proceedings Under the  
Divorce Act (Canada) and Proceedings  
Under the Matrimonial Property Act
Starting proceeding under Divorce Act (Canada)
12.7   Subject to rule 12.13, a proceeding under the Divorce Act 
(Canada) must be started by filing a statement of claim for divorce in 
Form FL-1 and serving it in accordance with rule 12.55.
Starting proceeding under Matrimonial Property Act
12.8   A proceeding under the Matrimonial Property Act must be 
started by filing a statement of claim for division of matrimonial 
property in Form FL-2 and serving it in accordance with rule 12.55.
Starting combined proceeding
12.9(1)  A proceeding that is both a proceeding under the Divorce Act 
(Canada) and a proceeding under the Matrimonial Property Act may 
be started by filing a statement of claim for divorce and division of 
matrimonial property in Form FL-3 and serving it in accordance with 
rule 12.55.
(2)  The statement of claim for divorce and division of matrimonial 
property must set out separately
	(a)	the claim under the Divorce Act (Canada) proceeding, and
	(b)	the claim under the Matrimonial Property Act proceeding.
Action for unjust enrichment
12.10(1)  A claim for an action for unjust enrichment may be included 
in
	(a)	a statement of claim for divorce and division of matrimonial 
property referred to in rule 12.9, or
	(b)	a statement of claim for division of matrimonial property 
referred to in rule 12.8.
(2)  A statement of claim for divorce and division of matrimonial 
property that includes an action for unjust enrichment must set out 
separately
	(a)	the claim under the Divorce Act (Canada) proceeding,
	(b)	the claim under the Matrimonial Property Act proceeding, 
and
	(c)	the claim in the action for unjust enrichment.
Statement of defence, counterclaim and demand for notice
12.11(1)  Where a defendant wishes to oppose a statement of claim 
referred to in this Part, the defendant must file a statement of defence 
in Form FL-4.
(2)  Where a defendant wishes to receive notice of any hearing but 
does not wish to oppose a statement of claim referred to in this Part, 
the defendant must file a demand for notice in Form 13.
(3)  Where a defendant wishes to file a claim against the plaintiff, the 
defendant must file
	(a)	a counterclaim for divorce in Form FL-5,
	(b)	a counterclaim for division of matrimonial property in Form 
FL-6,
	(c)	a counterclaim for divorce and division of matrimonial 
property in Form FL-7, or
	(d)	a counterclaim in Form 21 for unjust enrichment.
Time for service of documents filed under rule 12.11
12.12(1)  A person who files a document in accordance with rule 
12.11 must serve the filed document on the plaintiff within the 
applicable time after service of the statement of claim.
(2)  The applicable time is
	(a)	20 days if service is effected in Alberta,
	(b)	one month if service is effected outside Alberta but in 
Canada, and
	(c)	2 months if service is effected outside Canada.
Joint proceeding under Divorce Act (Canada)
12.13(1)  Spouses may jointly commence a proceeding under the 
Divorce Act (Canada) by filing a joint statement of claim for divorce in 
Form FL-8.
(2)  A joint statement of claim for divorce need not be served.
(3)  A party may withdraw from a joint proceeding under the Divorce 
Act (Canada) by filing a notice of withdrawal in Form FL-9.
(4)  If a party who withdraws from a joint proceeding under the 
Divorce Act (Canada) wishes to oppose a claim in the joint statement 
of claim for divorce, that party must, at the time of filing the notice of 
withdrawal, file a statement of defence as set out in rule 12.11(1).
(5)  If a party who withdraws from a joint proceeding under the 
Divorce Act (Canada) wishes to receive notice of any hearing but does 
not wish to oppose the joint statement of claim for divorce, that party 
must, at the time of filing the notice of withdrawal, file a demand of 
notice as set out in rule 12.11(2).
(6)  If a party who withdraws from a joint proceeding under the 
Divorce Act (Canada) wishes to file a claim against the other spouse, 
that party must, at the time of filing the notice of withdrawal, file a 
counterclaim as set out in rule 12.11(3).
(7)  A party who withdraws from a joint proceeding under the Divorce 
Act (Canada) must serve a copy of the filed notice of withdrawal, and 
any document filed in accordance with rule 12.11, within 20 days of 
the filing of the notice.
(8)  If a notice of withdrawal is filed under subrule (3), this Part applies 
to the proceeding under the Divorce Act (Canada) referred to in subrule 
(1) as if it were not a joint proceeding, except as set out in this rule.
Transfer of divorce proceedings under Divorce Act (Canada) from court 
outside Alberta
12.14   Where proceedings under the Divorce Act (Canada) are 
transferred from a court outside Alberta, the transfer must be effected 
by filing with the court clerk certified copies of all pleadings and 
orders made in the transferred proceedings, and the transferred 
proceedings must then be carried forward as if the proceedings had 
been commenced under these rules.
Central Divorce Registry
12.15   The court clerk must
	(a)	complete the forms required by the regulations under the 
Divorce Act (Canada), and
	(b)	forward the forms referred to in clause (a) to the Central 
Divorce Registry in Ottawa as required by the regulations 
under the Divorce Act (Canada).
Subdivision 2 
Actions Relating to Proceedings  
Under the Family Law Act
Starting proceeding under Family Law Act
12.16(1)  Despite rule 3.2(1), a proceeding under the Family Law Act 
must be started by filing a claim in Form FL-10.
(2)  Evidence in support of the claim may be provided by filing one or 
more statements in Forms FL-34 to FL-56 or an affidavit, or both.
(3)  If a statement or affidavit is filed to support a claim, the statement 
or affidavit must be confined to
	(a)	a statement of facts within the personal knowledge of the 
person swearing the statement or affidavit, and
	(b)	any other evidence that the person swearing the statement or 
affidavit could give at trial.
Service of documents filed under rule 12.16
12.17   A claim and any statements or affidavits in support of the 
claim filed under rule 12.16 must be served on each person named as a 
respondent in the claim and any person who is required by the Family 
Law Act to be served in the manner set out in rule 12.55
	(a)	20 days or more before the date on which the application is 
scheduled to be heard or considered if service is effected in 
Alberta,
	(b)	one month or more before the date referred to in clause (a) if 
service is effected outside Alberta but within Canada, and 
	(c)	2 months or more before the date referred to in clause (a) if 
service is effected outside Canada.
Response to proceeding under Family Law Act
12.18(1)  A person required to be served pursuant to rule 12.17 who 
wishes to respond to a claim must file a response in Form FL-11.
(2)  Evidence in support of the response may be provided by filing one 
or more reply statements in Forms FL-57 to FL-78 or an affidavit, or 
both.
(3)  The response may include a request that the Court grant one or 
more additional orders and, in that event, evidence in support of the 
request may be provided by filing one or more statements in Forms 
FL-34 to FL-56 or an affidavit, or both.
(4)  If a reply statement or affidavit is filed to support a response, the 
reply statement or affidavit must be confined to
	(a)	a statement of facts within the personal knowledge of the 
person swearing the reply statement or affidavit, and
	(b)	any other evidence that the person swearing the reply 
statement or affidavit could give at trial.
Service of documents filed under rule 12.18
12.19(1)  A response and any statements, reply statements or 
affidavits in support of the response filed under rule 12.18 must be 
served on each person named as an applicant or respondent in the 
claim and any person required by the Family Law Act to be served.
(2)  The documents referred to in subrule (1) must be served within a 
reasonable time before the claim is scheduled to be heard or 
considered, but anything less than 10 days' notice will be presumed to 
be prejudicial to any person entitled to be served.
Response to respondent's request for additional order
12.20   A person required to be served pursuant to rule 12.19 who 
wishes to respond to the respondent's request that the Court grant one 
or more additional orders may file one or more reply statements in 
Forms FL-57 to FL-78 or an affidavit, or both.
Service of documents filed under rule 12.20
12.21(1)  A reply statement or affidavit filed under rule 12.20 must be 
served on each person named as an applicant or respondent in the 
claim and any person required by the Family Law Act to be served.
(2)  The documents referred to in subrule (1) must be served within a 
reasonable time before the claim is scheduled to be heard or 
considered, but anything less than 5 days' notice will be presumed to 
be prejudicial to the person entitled to be served.
New evidence
12.22(1)  In this rule, "new evidence" means evidence that was not 
available to a party at the time when the party filed and served the 
party's statement or reply statement, as the case may be.
(2)  If, subsequent to filing and serving a statement or reply statement, 
a party wishes to rely on new evidence when the application is heard or 
considered, the party must file an update statement in Form FL-79, or 
an affidavit, containing the new evidence.
(3)  The party must serve the party's update statement or affidavit, as 
the case may be, on each person named as an applicant or respondent 
in the claim and any other person required by the Family Law Act to be 
served, within a reasonable time before the claim is scheduled to be 
heard or considered.
Questioning on statement, reply statement or affidavit
12.23(1)  A person who makes a statement, reply statement or 
affidavit in support of a claim or response in a proceeding under the 
Family Law Act may be questioned by a party adverse in interest.
(2)  A person may be questioned under oath as a witness for the 
purpose of obtaining a transcript of the person's evidence required for 
use at the hearing of a proceeding under the Family Law Act.
(3)  A party may question a person that that party is entitled to question 
under this rule by serving on the person a notice of appointment for 
questioning.
(4)  Rules 6.16 to 6.20 and 6.38 apply for the purposes of this rule.
(5)  The questioning party must file the transcript of the questioning 
unless the parties to the proceeding agree it is not necessary to do so.
Certificate of lawyer
12.24(1)  A lawyer who is required to provide a statement that the 
lawyer has complied with section 5(1) of the Family Law Act must do 
so by filing a certificate in Form FL-12.
(2)  Subrule (1) does not apply where the lawyer is legal counsel for a 
director under an enactment.
Subdivision 3 
Actions Commenced by Originating Application
Exception to rule 3.13(5)
12.25   In an action started by an originating application, where a 
person is questioned by a party adverse in interest, the questioning 
party need not file the transcript of the questioning pursuant to rule 
3.13(5) if the parties to the proceeding agree it is not necessary to do 
so.
Application respecting order made by court outside Alberta under Divorce 
Act (Canada)
12.26(1)  An application to vary, rescind or suspend an order for 
corollary relief made by a court outside Alberta under the Divorce Act 
(Canada) must be commenced by filing
	(a)	subject to subrule (2), an originating application in 
accordance with rule 3.8(1),
	(b)	a supporting affidavit in accordance with rule 3.8(2), and
	(c)	copies of any orders that have been made relating to the 
corollary relief that is the subject of the application.
(2)  If the order for corollary relief referred to in subrule (1) has been 
previously filed for the purposes of enforcement in accordance with 
rule 12.52, the application to vary, rescind or suspend it must be 
commenced by filing a family application in Form FL-18 in 
accordance with rule 12.44.
(3)  Despite rules 3.9 and 12.44(1)(b), the filed documents referred to 
in subrule (1) or (2) must be served on the respondent
	(a)	20 days or more before the date on which the application is 
scheduled to be heard or considered if service is effected in 
Alberta,
	(b)	one month or more before the date on which the application 
is scheduled to be heard or considered if service is effected 
outside Alberta but within Canada, and 
	(c)	2 months or more before the date on which the application is 
scheduled to be heard or considered if service is effected 
outside Canada.
(4)  Despite rule 3.11(1) and 12.44(2), if the respondent to the 
application under this rule intends to rely on an affidavit or other 
evidence when the application is heard or considered, the respondent 
must reply by serving on the applicant a copy of the affidavit or other 
evidence within a reasonable time before the application is scheduled 
to be heard or considered, but anything less than 10 days' notice will 
be presumed to be prejudicial to the applicant.
(5)  Where the Court grants a variation order under this rule, the court 
clerk must send a certified copy of the variation order to any court 
outside Alberta that granted the original order and any other court 
outside Alberta that has varied the original order.
Applications under Extra-provincial Enforcement of Custody Orders Act
12.27(1)  An application to register, enforce or vary a custody order 
under the Extra-provincial Enforcement of Custody Orders Act must 
be commenced by filing an originating application in accordance with 
rule 3.8(1).
(2)  An affidavit may be filed in support of the originating application 
in accordance with rule 3.8(2).
(3)  Despite rule 3.9, the originating application to vary a custody order 
referred to in subrule (1) and any affidavit filed in support of the 
originating application must be served
	(a)	20 days or more before the date on which the application is 
scheduled to be heard or considered if service is effected in 
Alberta,
	(b)	one month or more before the date on which the application 
is scheduled to be heard or considered if service is effected 
outside Alberta but within Canada, and 
	(c)	2 months or more before the date on which the application is 
scheduled to be heard or considered if service is effected 
outside Canada.
(4)  Despite rule 3.11(1), if the respondent to an application to vary a 
custody order referred to in subrule (1) intends to rely on an affidavit 
or other evidence when the application is heard or considered, the 
respondent must reply by serving on the applicant a copy of the 
affidavit or other evidence within a reasonable time before the 
application is scheduled to be heard or considered, but anything less 
than 10 days' notice will be presumed to be prejudicial to the 
applicant.
Subdivision 4 
Actions Relating to Proceedings Under the 
Protection Against Family Violence Act
Application of Part 3, Division 2
12.28   Part 3, Division 2 applies to a review of an emergency 
protection order under this Subdivision.
Affidavit of evidence for review
12.29  Unless the Court orders otherwise, when an emergency 
protection order is scheduled for review, the claimant and respondent 
must, if they intend to present affidavit evidence at the review,
	(a)	file the affidavit at the judicial centre where the emergency 
protection order is scheduled for review, and
	(b)	serve the affidavit on the other party
within a reasonable time before the review is scheduled to be heard or 
considered.
Application for Queen's Bench protection order
12.30  An application for a Queen's Bench protection order must be 
made
	(a)	by filing an originating application in accordance with rule 
3.8(1), or
	(b)	where a proceeding has already been commenced, by filing a 
family application in accordance with rule 12.44(1),
accompanied with an affidavit in support of the application.
Alternative to affidavit
12.31   Despite rule 12.30, an applicant for a Queen's Bench 
protection order may, instead of filing an affidavit in support of the 
application, file a Queen's Bench protection order questionnaire in 
Form FL-13.
Actual notice of protection order
12.32   A respondent is considered to have actual notice of the 
provisions of an order granted after the review of an emergency 
protection order or of a Queen's Bench protection order if
	(a)	the respondent was served with a copy of the order,
	(b)	the respondent was in attendance in person or by conference 
telephone call when the order was granted, or
	(c)	there are any other circumstances that, in the opinion of the 
Court, would have provided the respondent with actual 
notice.
Subdivision 5 
Actions Relating to Restraining Orders
Application for restraining order
12.33(1)  An application for a restraining order must be made
	(a)	by filing an originating application in accordance with rule 
3.8(1), or
	(b)	where a proceeding has already been commenced, by filing a 
family application in accordance with rule 12.44(1),
accompanied with an affidavit in support of the application.
(2)  Despite subrule (1), where an application for a restraining order is 
made without notice to the respondent, the application may be made by 
filing either an affidavit in support of the application or Form FL-14.
Division 4 
Managing Litigation
Application of Part 4
12.34(1)  Despite Rule 3.10, Part 4 applies to
	(a)	a proceeding under the Family Law Act,
	(b)	an application to vary a custody order under the 
Extra-provincial Enforcement of Custody Orders Act, and
	(c)	an application to vary, suspend or rescind a corollary relief 
order granted by another court under the Divorce Act 
(Canada),
except as modified by a rule in this Division.
(2)  Unless the context otherwise provides, a reference in an applicable 
rule in Part 4
	(a)	to a statement of claim must be read to include a reference to 
a claim under the Family Law Act or an originating 
application,
	(b)	to a statement of defence must be read to include a reference 
to a response under the Family Law Act or an affidavit made 
by a respondent in response to an originating application,
	(c)	to a plaintiff must be read to include a reference to an 
applicant, and
	(d)	to a defendant must be read to include a reference to a 
respondent.
Operation of rule 4.34 under this Part
12.35   Rule 4.34 does not operate to stay
	(a)	a proceeding under the Divorce Act (Canada), 
notwithstanding that that proceeding may be combined with a 
proceeding under the Matrimonial Property Act, or
	(b)	an application for exclusive possession of the home or 
residence under
	(i)	the Matrimonial Property Act,
	(ii)	the Family Law Act, or
	(iii)	the Protection Against Family Violence Act.
Advance payment of costs
12.36   The Court may, in addition to an order under rule 4.22, make 
any order that it thinks fit for the advance payment of the costs of 
either party.
Division 5 
Disclosure of Information
Application of Part 5
12.37(1)  Despite rule 3.10, Part 5 applies to
	(a)	a proceeding under the Family Law Act,
	(b)	an application to vary a custody order under the 
Extra-provincial Enforcement of Custody Orders Act, and
	(c)	an application to vary, suspend or rescind a corollary relief 
order granted by another court under the Divorce Act 
(Canada),
except as modified by a rule in this Division.
(2)  Unless the context otherwise provides, a reference in an applicable 
rule in Part 5
	(a)	to a statement of claim must be read to include a reference to 
a claim under the Family Law Act or an originating 
application,
	(b)	to a statement of defence must be read to include a reference 
to a response under the Family Law Act or an affidavit made 
by a respondent in response to an originating application,
	(c)	to a plaintiff must be read to include a reference to an 
applicant, and
	(d)	to a defendant must be read to include a reference to a 
respondent.  
Affidavit of records
12.38(1)  Despite rule 5.5, this rule applies in the following 
proceedings:
	(a)	a proceeding under the Divorce Act (Canada);
	(b)	a proceeding that is both a proceeding under the Divorce Act 
(Canada) and a proceeding under the Matrimonial Property 
Act;
	(c)	a proceeding under the Matrimonial Property Act;
	(d)	a proceeding under the Family Law Act;
	(e)	an application to vary a custody order under the 
Extra-provincial Enforcement of Custody Orders Act;
	(f)	an application to vary, suspend or rescind a corollary relief 
order granted by another court under the Divorce Act 
(Canada);
	(g)	an action for unjust enrichment;
	(h)	any other proceeding under this Part where the Court orders 
that Part 5 applies.
(2)  In order to compel production of an affidavit of records, a party 
must file and serve a notice to produce an affidavit of records in Form 
FL-15 on the party from whom the affidavit of records is required.
(3)  In the proceedings to which this rule applies, every party must 
serve an affidavit of records on every other party
	(a)	within 3 months after the notice referred to in subrule (2) is 
served,
	(b)	in the case of the party serving the notice, within 3 months 
after service of the first notice, or
	(c)	if no notice is served under subrule (2), before the later of
	(i)	the filing of Form 37 under rule 8.4 or the scheduling of 
a trial under rule 8.5, and
	(ii)	3 months before the trial date.
(4)  If a party fails to comply with subrule (3), the Court may impose a 
penalty on that party in accordance with rule 5.12.
(5)  Despite rule 5.20(1), questioning may proceed in accordance with 
these rules although the questioning party has not served an affidavit of 
records on the party adverse in interest.
Oral and written questioning
12.39(1)  Despite rule 5.24(b), in the proceedings listed in rule 
12.38(1)(a) to (h), a party may question a person both orally and by 
written questioning in accordance with rule 12.40.
(2)  Where, in any of the proceedings referred to in subrule (1), a 
person provides an answer or produces a record under rule 5.30, the 
questioning party may ask questions of that person in respect of that 
answer or record both orally and by written questioning.
Written interrogatories
12.40(1)  The procedure set out in this rule applies in place of rule 
5.28 in the proceedings listed in rule 12.38(1)(a) to (h).
(2)  A party may file a notice to reply to written interrogatories in 
Form FL-16, and set out a maximum of 30 numbered and succinct 
questions to be answered.
(3)  The procedure may only be used once before a final determination 
has been made in the proceeding.
(4)  If a final determination has been made in the proceeding, the 
procedure may only be used once in an outstanding application to vary, 
rescind or suspend an order made in that proceeding.
(5)  A notice filed by a party under subrule (2) must be served on the 
respondent at least one month before the application is scheduled to be 
heard or considered as set out in the notice to reply to written 
interrogatories.
(6)  The answers to the questions must be in the form of an affidavit 
and must state the questions being answered.
(7)  The affidavit must be filed and served on the applicant within one 
month after the respondent is served with the notice to reply to written 
interrogatories.
(8)  If the respondent objects to answering any of the questions set out, 
the respondent must file and serve on the applicant an affidavit setting 
out the objection and the reasons for the objection within a reasonable 
time before the application is scheduled to be heard or considered, but 
anything less than 10 days' notice will be presumed to be prejudicial to 
the applicant.
(9)  An applicant may, in addition to the applicant's written questions 
filed under subrule (2), file and serve a further set of written questions 
arising from the answers provided by the respondent, and subrules (2) 
to (8) and (11) apply in respect of the written questions under this 
subrule.
(10)  If the answers to the further written questions referred to in 
subrule (9) are unsatisfactory, the applicant may apply to the Court for 
an order that the respondent answer further written questions.
(11)  If the respondent fails to comply with subrule (7) or (8), the Court 
may
	(a)	order the respondent to answer the questions before a 
specified date, or
	(b)	order the respondent to pay costs to the applicant,
and the Court may grant any other remedy the Court considers 
appropriate.
Notice to disclose documents
12.41(1)  The procedure set out in this rule is in addition to any other 
disclosure procedure or obligation under any Part of these rules or 
under any enactment.
(2)  The procedure set out in this rule applies to the proceedings listed 
in rule 12.38(1)(a) to (h).
(3)  A party may file a notice to disclose, in Form FL-17, requesting 
only those documents that are relevant and material to the proceeding.
(4)  If a final determination has been made in a proceeding relating to
	(a)	child support,
	(b)	spousal support, or
	(c)	adult interdependent partner support,
the procedure may be used only once per year without the requirement 
for a variation application to be commenced.
(5)  Where the notice is filed under subrule (4), only the documents 
referred to in items 1 to 9 on the form may be requested, unless the 
Court orders otherwise.
(6)  The notice to disclose under subrule (3) and any documents 
required to be disclosed to the other party pursuant to subsection 21(1) 
or 25(4) of the Federal Child Support Guidelines (SOR/97-175) or 
section 21(1) or 22(4) of the Alberta Child Support Guidelines 
(AR 147/2005) must be served on the respondent in the manner set out 
in rule 12.55 not later than one month before the application is 
scheduled to be heard or considered as set out in the notice to disclose.
(7)  If the respondent fails to provide the documents requested within 
one month of being served with the notice to disclose, the Court may 
	(a)	order the respondent to provide the documents requested in 
the notice to disclose by a specified date,
	(b)	draw an adverse interest against and impute income to the 
respondent and order the respondent to pay support in an 
amount the Court considers appropriate, or
	(c)	order the respondent to pay costs to the applicant in an 
amount that fully compensates the applicant for all costs 
incurred in the proceeding,
and the Court may grant any other remedy the Court considers 
appropriate.
Request for financial information
12.42(1)  Where a written request for financial information has been 
made under section 65(1) or (4) of the Family Law Act, the information 
must be provided within one month after the request is received.
(2)  For the purposes of section 65(1) and (4) of the Family Law Act, 
the following documents may be requested under this rule:
	(a)	with respect to an application or order for child support, 
those documents listed in section 21(1) of the Alberta Child 
Support Guidelines (AR 147/2005);
	(b)	with respect to an application or order for spousal support or 
adult interdependent partner support, those documents listed 
in section 4(1) of the Family Law Act General Regulation 
(AR 148/2005).
Division 6 
Resolving Issues and Preserving Rights
Application of Part 6, Division 1
12.43(1)  Despite rule 6.1(b), Part 6, Division 1 applies to
	(a)	a proceeding under the Family Law Act,
	(b)	an application to vary a custody order under the 
Extra-provincial Enforcement of Custody Orders Act, and
	(c)	an application to vary, suspend or rescind a corollary relief 
order granted by another court under the Divorce Act 
(Canada),
except as modified by a rule in this Division.
(2)  Unless the context otherwise requires, a reference in a rule in Part 
6, Division 1 to an affidavit must be read to include a reference to a 
statement or a reply statement.
(3)  Despite rule 6.20(5)(b), where under this Part a person is 
questioned on an affidavit, statement or reply statement in accordance 
with Part 6, Division 1, Subdivision 5, the questioning party need not 
file the transcript of the questioning if the parties agree it is not 
necessary to do so.
Application within course of proceeding
12.44(1)  Unless otherwise specified, an application in the course of a 
proceeding or action must be made in accordance with Part 6, Division 
1, subject to the following requirements:
	(a)	the application must be made by filing a family application in 
Form FL-18 and an affidavit in support of the application;
	(b)	the family application and the affidavit in support must be 
served on the respondent 5 days or more before the date the 
application is scheduled to be heard or considered.
(2)  If the respondent to an application referred to in subrule (1) intends 
to rely on an affidavit or other evidence when the application is heard 
or considered, the respondent must reply by filing and serving on the 
applicant a copy of the affidavit or other evidence within a reasonable 
time before the application is scheduled to be heard or considered.
Application after order or judgment under  
Divorce Act (Canada)
12.45(1)  An application
	(a)	to vary, suspend or rescind an order of the Court in a 
proceeding under the Divorce Act (Canada), or
	(b)	for corollary relief after the Court has rendered a divorce 
judgment
must be made by filing a family application in Form FL-18 
accompanied with an affidavit in support of the application in 
accordance with rule 12.44(1)(a).
(2)  Despite rules 6.3(3) and 12.44(1)(b), the family application and 
affidavit and any other evidence in support of the application must be 
served on the respondent in the manner set out in rule 12.55 20 days or 
more before the date the application is scheduled to be heard or 
considered.
(3)  Despite rules 6.6(1) and 12.44(2), if the respondent to the 
application intends to rely on an affidavit or other evidence when the 
application is heard or considered, the respondent must reply by 
serving on the applicant a copy of the affidavit or other evidence 
within a reasonable time before the date the application is scheduled to 
be heard or considered, but anything less than 10 days' notice will be 
presumed to be prejudicial to the applicant.
Provisional order to vary a support order under  
Divorce Act (Canada)
12.46(1)  An application made pursuant to section 18 of the Divorce 
Act (Canada) for a provisional order to vary a support order must be 
started
	(a)	in accordance with rule 12.44(1), where the divorce judgment 
was granted in Alberta, or
	(b)	in accordance with rule 12.26(1), where the divorce judgment 
was granted by a court outside Alberta,
and must be accompanied with the required provisional order 
information in Form FL-19.
(2)  Where the Court makes a provisional order under section 18 of the 
Divorce Act (Canada), the provisional order must be marked 
"Provisional" and must contain a clause indicating it is of no force or 
effect until confirmed.
(3)  Where a provisional order referred to in subrule (2) is filed, the 
court clerk must, on behalf of the Court, forward to the Attorney 
General for Canada
	(a)	the material required to be forwarded under subsection 18(3) 
of the Divorce Act (Canada), and
	(b)	a copy of any material in support of the application for the 
provisional order that is not included in the material referred 
to in clause (a).
(4)  Where a provisional order is remitted back to the Alberta Court 
under subsection 18(5) of the Divorce Act (Canada) for further 
evidence, the court clerk must send to the applicant by ordinary mail a 
notice of a court date for the applicant to provide that further evidence 
to the Court.
(5)  Where the Court receives a confirmation order in respect of the 
provisional order referred to in subrule (2), the court clerk must send a 
copy of the confirmation order to the applicant by regular mail.
Confirmation hearing 
12.47(1)  Where the Court receives a provisional order for 
confirmation in a proceeding under the Divorce Act (Canada), the court 
clerk must serve the respondent with 
	(a)	a notice of confirmation hearing in Form FL-20, and
	(b)	the documents, including the provisional order for 
confirmation, received from the other jurisdiction, 
and may also serve a notice to disclose in Form FL-17 in accordance 
with rule 12.41.
(2)  Where the Court makes an order under subsection 19(6) or 19(8) 
of the Divorce Act (Canada) that further evidence from the applicant is 
required, the court clerk must provide a copy of the order to the court 
that made the provisional order and to the applicant by ordinary mail.
(3)  Where the Court receives the applicant's further evidence, the 
court clerk must serve the respondent with the evidence and with
	(a)	a notice of confirmation hearing in Form FL-20 if no 
adjournment date was set by the Court when the Court made 
the order referred to in subrule (2), or
	(b)	a reminder of the confirmation hearing date if an 
adjournment date was set by the Court when the Court made 
the order referred to in subrule (2).
(4)  Unless otherwise ordered, the court clerk must provide to the 
Attorney General for Canada and to the courts entitled under 
subsection 19(12) of the Divorce Act (Canada)
	(a)	a copy of any orders granted pursuant to subsection 19(7), (9) 
or (9.1) of the Divorce Act (Canada),
	(b)	a copy of any evidence given by the respondent, and 
	(c)	the Court's reasons, if required by paragraph 19(12)(c) of the 
Divorce Act (Canada).
Division 7 
Resolving Claims Without Full Trial
Availability of application for summary judgment
12.48   Despite rule 7.3, an application for summary judgment
	(a)	is not available in
	(i)	a proceeding under the Divorce Act (Canada), 
notwithstanding that the corollary relief has been 
severed,
	(ii)	a proceeding that is both a proceeding under the 
Divorce Act (Canada) and a proceeding under the 
Matrimonial Property Act, or
	(iii)	a proceeding under the Family Law Act,
		but
	(b)	is available in proceedings under the Matrimonial Property 
Act, including a proceeding under the Matrimonial Property 
Act that was combined with a proceeding under the Divorce 
Act (Canada) and then separated from the proceeding under 
the Divorce Act (Canada) under rule 3.71.
Evidence in summary trials
12.49   An application for leave of the Court to adduce oral evidence 
in a summary trial must be made before the date of the summary trial 
and on notice to the other party.
Divorce without appearance by parties or counsel
12.50(1)  A party may apply for a judgment of divorce pursuant to 
this rule with such corollary relief as is claimed in the statement of 
claim or counterclaim where
	(a)	both parties have consented to the matter proceeding under 
this rule,
	(b)	the defendant has not filed and served a statement of defence 
or a demand for notice pursuant to rules 12.11 and 12.12 and 
has been noted in default, 
	(c)	the Court, on application by either party, orders that the 
matter proceed under this rule, or
	(d)	a joint statement of claim for divorce has been filed under 
rule 12.13(1) and no party has subsequently filed a notice of 
withdrawal.
(2)  The consent of a self-represented litigant to proceed under this rule 
must be accompanied with an affidavit of execution.
(3)  A party may apply for a judgment of divorce and corollary relief 
by filing the following:
	(a)	a request for divorce in Form FL-21 or, where a joint 
statement of claim for divorce has been filed under rule 
12.13(1), a joint request for divorce in Form FL-22, 
requesting the rendering of a judgment without an oral 
hearing being held;
	(b)	an affidavit of the applicant in Form FL-23 or, where a joint 
statement of claim for divorce has been filed under rule 
12.13(1), a joint affidavit of the applicants in Form FL-24;
	(c)	the proposed divorce judgment in Form FL-25 or divorce 
judgment and corollary relief order in Form FL-26;
	(d)	in the case where a party does not have a solicitor, a stamped 
envelope addressed to that party at the address shown in the 
affidavit of the applicant.
(4)  Where the court clerk
	(a)	has received documents referred to in subrule (3), and
	(b)	is satisfied that those documents meet the requirements of 
these rules and the practice of the Court,
the court clerk must place those documents before the Court.
(5)  On considering the documents referred to in subrule (3), the Court 
may do one or more of the following:
	(a)	render any judgment to which the parties are entitled;
	(b)	direct an appearance before the Court;
	(c)	direct that further evidence be presented;
	(d)	direct the applicant to enter the case for trial on oral 
evidence;
	(e)	grant any other order or give any other direction that the 
Court considers appropriate.
(6)  The Court may grant any corollary relief that has been agreed on 
or consented to, whether or not a request for that relief was made in the 
statement of claim or counterclaim.
(7)  On hearing an application under subrule (1)(c), the Court may
	(a)	refuse to allow the matter to proceed under this rule, and in 
doing so the Court may make any further order or give any 
other direction that the Court considers appropriate,
	(b)	authorize the applicant to proceed under this rule without any 
further notice to the other party, or
	(c)	in a case where corollary relief has been claimed but not 
resolved, authorize the applicant to sever the corollary relief 
and then proceed under this rule with regard to the 
application for a divorce judgment, and in doing so the Court 
may make any further order or give any other direction that 
the Court considers appropriate.
(8)  On a divorce judgment being rendered and entered, the court clerk 
must mail a copy of the divorce judgment to each person in respect of 
whom an envelope is supplied by the applicant under subrule (3)(d).
(9)  A judge is not seized with any proceeding merely by exercising the 
powers set out in subrule (5) or (7).
Division 8 
Trial
Appearance before the Court
12.51   In a proceeding under the Family Law Act , the Court may, 
whether or not the respondent has complied with rules 12.18 and 
12.19,
	(a)	decide all or part of the matter on an interim or final basis,
	(b)	adjourn all or part of the matter to a later date, or
	(c)	set all or part of the matter down for a short oral hearing or 
trial,
and the Court may give any direction and grant any interim or 
procedural order that the Court considers appropriate.
Division 9 
Judgments and Orders
Enforcement of order made by court outside Alberta under Divorce Act 
(Canada)
12.52   Where an order has been made by a court outside Alberta 
under sections 15.1, 15.2, 16 or 17 or subsections 19(7), 19(9) or 
19(9.1) of the Divorce Act (Canada), the registration of that order must 
be effected by filing with a clerk of the Court of Queen's Bench a 
certified copy of that order, and on that being done the order must be 
entered as an order of the Court of Queen's Bench.
Form of orders
12.53   Where the Court grants
	(a)	a divorce judgment, the order must be in Form FL-25,
	(b)	a divorce judgment and corollary relief order, the order must 
be in Form FL-26 and include the relevant provisions 
respecting corollary relief from Form FL-27,
	(c)	an order for corollary relief, the order must be in Form 
FL-27, 
	(d)	a variation order, the order must be in Form FL-28, and 
include the relevant provisions respecting corollary relief 
from Form FL-27,
	(e)	an order for exclusive possession of the home or residence 
under the Matrimonial Property Act or the Family Law Act, 
the order must be in Form FL-29,
	(f)	a restraining order without notice, the order must be in Form 
FL-30, and
	(g)	a restraining order with notice, the order must be in Form 
FL-31.
Certificate of divorce
12.54(1)  After a divorce judgment takes effect, any person may 
request a certificate of divorce.
(2)  Where a request for a certificate of divorce is received by the court 
clerk and the court clerk is satisfied that no appeal from the divorce 
judgment is pending, the court clerk must issue a certificate of divorce 
in Form FL-32.
Division 10 
Service of Documents
Service of documents
12.55(1)  Despite Part 11, Division 2, unless the Court otherwise 
orders, the following documents must be served by leaving a copy with 
the individual being served and not on the individual's lawyer of 
record, if any:
	(a)	a statement of claim for divorce and a statement of claim for 
divorce and division of matrimonial property;
	(b)	a notice of withdrawal under rule 12.13(3) and any document 
filed under rule 12.13(4), (5) or (6);
	(c)	a statement of claim for division of matrimonial property;
	(d)	a family application to vary, rescind or suspend an order for 
corollary relief after a divorce judgment has been rendered 
and any affidavit in support of the application;
	(e)	a family application for corollary relief after a divorce 
judgment has been rendered and any affidavit in support of 
the application;
	(f)	a claim under the Family Law Act, including an application 
to vary, rescind or suspend an order made under the Family 
Law Act, and any statement or affidavit in support of the 
application;
	(g)	a notice to disclose where a final determination has been 
made in a proceeding relating to 
	(i)	child support,
	(ii)	spousal support, or
	(iii)	support for an adult interdependent partner.
(2)  Service of the documents referred to in subrule (1)(a) must be 
made by a person other than the plaintiff.
Address for service
12.56   The address for service of an individual who is not represented 
by a lawyer of record and is not required to be served in accordance 
with rule 12.55 is the most recent of
	(a)	an address provided to the Court and all other parties by the 
individual in writing,
	(b)	an address provided on the record during a Court appearance, 
and
	(c)	the address provided in the most recently filed document in 
the proceeding.
Proof of service
12.57   Proof of the service of a statement of claim for divorce or a 
statement of claim for divorce and division of matrimonial property 
must include a picture of the individual served, unless the Court 
otherwise orders.
Rules that do not apply
12.58   Rule 11.25(1) does not apply to service of
	(a)	a statement of claim for divorce, or
	(b)	a statement of claim for divorce and division of matrimonial 
property.
Division 11 
Appeals
Subdivision 1 
Appeal from Divorce Judgment
Appeal from divorce judgment
12.59   Notwithstanding Part 14 and rule 13.5,
 	(a)	no appeal lies from a judgment granting a divorce on or after 
the day on which the divorce takes effect, and
	(b)	subject to the Court of Appeal or a judge of the Court of 
Appeal extending the time, no appeal lies from an order 
made in a divorce proceeding more than one month after the 
day on which the order was made.
Subdivision 2 
Appeals Under the Family Law Act
Appeal from decision of Court of Queen's Bench sitting as original court
12.60(1)  Subject to subrule (2), a decision of the Court sitting as an 
original court under the Family Law Act may be appealed to the Court 
of Appeal in accordance with Part 14.
(2)  Notwithstanding Rule 506 of the Alberta Rules of Court 
(AR 390/68), the notice of appeal must be filed and served
	(a)	within one month following the date on which the order 
being appealed was pronounced, or
	(b)	if the appellant is able to establish to the Court's satisfaction 
the date on which the appellant received notice of the order, 
within one month following that date.
Appeal from Provincial Court order to Court of Queen's Bench
12.61(1)  To appeal an order of the Provincial Court to the Court of 
Queen's Bench pursuant to section 9 of the Provincial Court 
Procedures (Family Law) Regulation (AR 149/2005), a party must
	(a)	file a notice of appeal in Form FL-33 with the Court of 
Queen's Bench court clerk at the judicial centre where the 
appeal is to be heard, and
	(b)	serve a copy of the filed notice of appeal on the respondent in 
accordance with rule 11.5 or as directed by the Court of 
Queen's Bench.
(2)  The notice of appeal must be filed and served
	(a)	within one month following the date on which the order 
being appealed was pronounced, or
	(b)	if the appellant is able to establish to the Court's satisfaction 
the date on which the appellant received notice of the order, 
within one month following that date.
Duty of court clerks
12.62(1)  The Court of Queen's Bench court clerk must promptly give 
a copy of the notice of appeal filed under rule 12.61 to the clerk of the 
Provincial Court that made the order.
(2)  Immediately on receipt of the notice of appeal filed under rule 
12.61, the clerk of the Provincial Court must forward the order, 
together with the filed documents relating to the order, including 
exhibits, to the Court of Queen's Bench court clerk.
Transcript
12.63(1)  The appellant must
	(a)	order and pay for a transcript of the hearing before the 
Provincial Court, and
	(b)	at the time of filing of the notice of appeal pursuant to rule 
12.61, provide to the Court of Queen's Bench court clerk a 
receipt evidencing the ordering of the transcript.
(2)  The appellant must file a copy of the transcript with the Court of 
Queen's Bench court clerk and serve a copy on the respondent not later 
than 3 months following the filing of the notice of appeal unless an 
order has been made by a judge of the Court of Queen's Bench prior to 
the expiration of the 3-month period extending the time for filing the 
transcript.
Filing of affidavits of service
12.64   The appellant must file a copy of the affidavit of service of the 
notice of appeal filed under rule 12.61 and the transcript of the hearing 
before the Provincial Court.
Non-compliance by appellant
12.65(1)  If the appellant does not comply with rule 12.63(2), the 
Court must order that the appeal be dismissed, with or without costs, 
without further notice to the appellant.
(2)  The Court may, on application, reinstate an appeal that has been 
dismissed under this rule.
Speaking to list
12.66   Unless otherwise directed by the Court, before the hearing of 
the appeal pursuant to rule 12.61 is scheduled the parties must appear 
before the Court 
	(a)	to agree on a date and time for the hearing of the appeal,
	(b)	to receive direction from the Court regarding the manner in 
which the appeal will be heard, and
	(c)	to address any other preliminary matters that may need to be 
decided before the hearing of the appeal, including the 
evidence that the Court may allow the parties to present at 
the hearing.
Scheduling appeal
12.67   On receiving all necessary documents, transcripts and 
affidavits of service, and on being satisfied that the appellant has 
complied with rule 12.63, the Court of Queen's Bench court clerk must
	(a)	schedule the hearing of the appeal, and
	(b)	if directed by the Court, send notice of the date, time and 
place to all parties by recorded mail at least one month before 
the date fixed for the hearing of the appeal.
Evidence
12.68   The documents provided by the clerk of the Provincial Court 
pursuant to rule 12.62(2) and the transcript of the hearing before the 
Provincial Court form the record for the hearing of the appeal, and no 
other evidence may be considered by the Court unless otherwise 
ordered by the Court.
Appeal memoranda
12.69(1)  The appellant must, not later than noon on the 20th day 
before the date scheduled for the hearing of the appeal, file and serve 
on the respondent an appeal memorandum setting out
	(a)	the facts in brief,
	(b)	the relief sought by the appellant,
	(c)	the argument and authorities on which the appellant intends 
to rely in support of the grounds set out in the notice of 
appeal, and
	(d)	particular references to the evidence to be discussed in 
relation to the grounds or arguments.
(2)  The respondent must, not later than noon on the 10th day before 
the date scheduled for the hearing of the appeal, file and serve on the 
appellant an appeal memorandum setting out
	(a)	the respondent's position on the relief sought by the 
appellant,
	(b)	the relief, if any, sought by the respondent by way of cross 
appeal,
	(c)	the argument and authorities on which the respondent intends 
to rely, and
	(d)	particular references to the evidence to be discussed in 
relation to the grounds or arguments.
Powers of Court on appeal
12.70   After hearing the appeal, the Court may do one or more of the 
following:
	(a)	confirm the order of the Provincial Court;
	(b)	set aside the order of the Provincial Court;
	(c)	make any order that the Provincial Court could have made;
	(d)	direct the Provincial Court to conduct a new hearing.
Appeal from decision of Court of Queen's Bench 
sitting as appeal court
12.71(1)  No appeal lies to the Court of Appeal from a decision of the 
Court of Queen's Bench sitting as an appeal court for decisions made 
under the Family Law Act except on a question of law or jurisdiction, 
or both, with leave of a judge of the Court of Appeal.
(2)  Part 14 and subrule (3) apply in respect of an appeal under subrule 
(1).
(3)  Notwithstanding Rule 506 of the Alberta Rules of Court 
(AR 390/68), the notice of appeal must be filed and served
	(a)	within one month following the date on which the order 
being appealed was pronounced, or
	(b)	if the appellant is able to establish to the Court's satisfaction 
the date on which the appellant received notice of the order, 
within one month following that date.
Part 13 
Technical Rules
Division 1 
Judge Unable to Continue
When one judge may act in place of or replace another
13.1   One judge may act in place of or replace another judge if
	(a)	that other judge dies,
	(b)	that other judge ceases to be a judge, or
	(c)	it is inconvenient, improper, inappropriate or impossible for 
that other judge to act.
Division 2 
Calculating Time
Application of these rules for calculating time
13.2   This Division describes how to calculate periods of time and 
applies to
	(a)	these rules, and
	(b)	judgments and orders.
Counting days
13.3   When counting to or from an event or activity in days, the date 
on which the event or activity occurs is not counted.
Counting months and years
13.4(1)  When counting to or from a date in months, time is calculated 
from the date on which the event or activity occurs in the month to the 
same-numbered day in a subsequent or previous month, as the case 
requires.
(2)  If the count ends on the 29th, 30th or 31st and there is no same-
numbered date in the subsequent or previous month, the count ends on 
the last day of the subsequent or previous month, as the case requires.
(3)  When counting to or from an event or activity in years, time is 
calculated from the date on which the activity or event occurs in a year 
to the same-numbered date in a subsequent or previous year, as the 
case requires.
(4)  If the count starts on February 29 and there is no February 29 in 
the subsequent or previous year, then the count ends on February 28 of 
the subsequent or previous year, as the case requires.
Variation of time periods
13.5(1)  Unless the Court otherwise orders or a rule otherwise 
provides, the parties may agree to extend any time period specified in 
these rules.
(2)  The Court may, unless a rule otherwise provides, stay, extend or 
shorten a time period that is
	(a)	specified in these rules,
	(b)	specified in an order or judgment, or
	(c)	agreed on by the parties.
(3)  The order to extend or shorten a time period may be made whether 
or not the period has expired.
Division 3 
Pleadings
Pleadings:  general requirements
13.6(1)  A pleading must be
	(a)	succinct, and
	(b)	divided into consecutively numbered paragraphs, with dates 
and numbers expressed in numerals unless words or a 
combination of words and numerals makes the meaning 
clearer.
(2)  A pleading must state any of the following matters that are 
relevant:
	(a)	the facts on which a party relies, but not the evidence by 
which the facts are to be proved;
	(b)	a matter that defeats, or raises a defence to, a claim of 
another party;
	(c)	the remedy claimed, including
	(i)	the type of damages claimed,
	(ii)	to the extent known, the amount of general and special 
damages claimed, or if either or both are not known, an 
estimate of the amount or the total amount that will be 
claimed,
	(iii)	a statement of any interest claimed, including the basis 
for the interest, and the method of calculating the 
interest, and
	(iv)	costs, including any known special costs.
(3)  A pleading must also include a statement of any matter on which a 
party intends to rely that may take another party by surprise, including, 
without limitation, any of the following matters:
	(a)	breach of trust;
	(b)	duress;
	(c)	estoppel;
	(d)	fraud;
	(e)	illegality or invalidity of a contract, including the grounds;
	(f)	malice or ill will;
	(g)	misrepresentation;
	(h)	payment;
	(i)	performance;
	(j)	release;
	(k)	undue influence;
	(l)	voluntary assumption of risk;
	(m)	waiver;
	(n)	lack of capacity or authority;
	(o)	wilful default;
	(p)	tender of payment;
	(q)	a limitation period;
	(r)	a provision of an enactment.
(4)  If the defendant proposes to produce evidence about the plaintiff's 
reputation in mitigation of damages, the defendant must include in a 
pleading the facts on which the defendant intends to rely.
Pleadings:  other requirements
13.7   A pleading must give particulars of any of the following matters 
that are included in the pleading:
	(a)	breach of trust;
	(b)	fraud;
	(c)	misrepresentation;
	(d)	wilful default;
	(e)	undue influence;
	(f)	defamation.
Pleadings:  other contents
13.8(1)  A pleading may include all or any of the following:
	(a)	alternative claims or defences;
	(b)	a statement of a point of law, and if so, the facts that make 
the point of law applicable;
	(c)	a matter that arose after the commencement document was 
filed.
(2)  A general or other remedy claimed by a party need not be claimed 
in a pleading.
Defence of tender
13.9   Tender before action may not be pleaded as a defence in an 
action unless, before the defence is filed, the defendant pays into Court 
the amount alleged to have been tendered.
Pleadings:  specific requirements for replies
13.10   In addition to the other requirements of these rules, in a reply 
to
	(a)	a statement of defence,
	(b)	a statement of defence to a counterclaim, or
	(c)	a statement of defence to a third party claim,
the reply may only make admissions or respond to matters raised for 
the first time in the statement of defence.
Pleadings:  specific requirements for class proceedings
13.11(1)  The title of a proceeding under the Class Proceedings Act 
must include the words "Brought under the Class Proceedings Act" 
immediately below the listed parties
	(a)	if it is intended, when the proceeding starts, that a 
certification order will be sought under the Act, or
	(b)	if a certification order is subsequently made in respect of the 
proceeding under the Act.
(2)  If a certification order is refused in respect of the proceeding or the 
proceeding is decertified, the words "Brought under the Class 
Proceedings Act" must not be included in the title in any subsequent 
pleadings and documents filed in the proceeding.
Pleadings:  denial of facts
13.12(1)  Every fact in a pleading is denied if the fact is not admitted 
in another pleading filed by a party opposite in interest.
(2)  A denial of a fact in a pleading must meet the point of substance.
Division 4 
Filed Documents
Subdivision 1 
Contents and Filing
Requirements for all filed documents
13.13(1)  Every document filed in an action must be in the appropriate 
form set out in Schedule A, Division 1 to these rules, if any, which 
may be modified as circumstances require.
(2)  Whether or not a form is prescribed, each document must begin 
with the following:
	(a)	the name of the Court;
	(b)	the name of the judicial centre;
	(c)	the names of the parties as determined by subrules (3) and 
(4);
	(d)	the action number;
	(e)	the nature of the document;
	(f)	an address for service of documents;
	(g)	the name, address and contact information of the party or 
lawyer of record who prepared the document;
	(h)	once filed, the date the document was filed;
	(i)	anything required by these rules to be included.
(3)  The names of all the parties must be used in
	(a)	a commencement document,
	(b)	a document that changes any party,
	(c)	an order, judgment or pronouncement of the Court that grants 
relief, or
	(d)	a document that in the opinion of the person filing the 
document should contain the names of all the parties.
(4)  In any document other than those specified in subrule (3), the 
names of the first 4 parties of any group that contains more than 4 
parties may be used, with the remainder being omitted and replaced by 
the words "and others".
(5)  Every document filed and every exhibit to an affidavit must be 
legible.
(6)  When a document is filed, the court clerk must retain the original 
of the document.
Endorsements on documents
13.14(1)  When the court clerk is presented with a commencement 
document for filing, the court clerk must
	(a)	endorse on the document an action number assigned to the 
action by the court clerk, and the date that the document is 
filed,
	(b)	ensure that the document to be filed has endorsed on it the 
name of the judicial centre where the document is filed, and
	(c)	stamp the document as filed.
(2)  If a lawyer is acting for a person on whose behalf the action is 
started, when the court clerk is presented with a commencement 
document for filing, the court clerk must ensure that the lawyer has 
endorsed on the document
	(a)	the name and address of the law firm,
	(b)	the name of the lawyer in the law firm in charge of the 
action, and
	(c)	the lawyer's telephone number.
(3)  When the court clerk is presented with a statement of defence or a 
demand for notice for filing, the court clerk must ensure that the 
document has endorsed on it
	(a)	the name of the person filing the document and, if the person 
filing the document is a lawyer, the same information as is 
required under subrule (2)(a) to (c), and
	(b)	the defendant's address for service.
(4)  When the court clerk is presented with a document that is to be 
filed in an action after the action has started, the court clerk must
	(a)	endorse on the document the date that the document is filed, 
and
	(b)	ensure that the document to be filed has endorsed on it
	(i)	the name of the judicial centre at which the document is 
filed, and
	(ii)	the appropriate action number.
(5)  If the court clerk is presented with a document that is to be filed 
after an action has started, the court clerk must also, if a lawyer is 
acting in respect of the person on whose behalf the document is filed, 
ensure that the lawyer has endorsed on the document the same 
information as is required under subrule (2)(a) to (c).
(6)  When a document is filed, the court clerk must note in the Court 
file, under the action number assigned to the action by the court clerk, 
the fact that the document was filed.
When document is filed
13.15   A document is filed when the court clerk of the judicial centre 
acknowledges on the document that the document is filed in the action.
Deviations from and changes to prescribed forms
13.16   A prescribed form or a document prepared in place of a 
prescribed form is not invalidated nor is there any contravention of 
these rules if there is a deviation from or an addition to or omission 
from the form or document that
	(a)	does not adversely affect the substance of the information 
required to be provided or that the Court requires to be 
provided, and
	(b)	is not intended to mislead.
Amendments to records other than commencement documents, 
pleadings or affidavits
13.17   If the Court orders that an amendment be made to a document 
or other record filed with the Court, other than a commencement 
document, pleading, or affidavit,
	(a)	a note of the amendment must be attached to, made on, or 
made in the document or record,
	(b)	the amendment must
	(i)	be dated and identified, and each amended version must 
be identified, and
	(ii)	be endorsed by the court clerk in the following form:
		Amended on [date] by [order]
		Dated . . . 
		and
	(c)	except as required by this rule, the document or other record 
must not be otherwise physically altered.
Subdivision 2 
Form and Contents of Affidavits and Exhibits
Types of affidavit
13.18(1)  An affidavit may be sworn
	(a)	on the basis of personal knowledge, or
	(b)	on the basis of information known to the person swearing the 
affidavit and that person's belief.
(2)  If an affidavit is sworn on the basis of information and belief, the 
source of the information must be disclosed in the affidavit.
(3)  If an affidavit is used in support of an application that may dispose 
of all or part of a claim, the affidavit must be sworn on the basis of the 
personal knowledge of the person swearing the affidavit.
Requirements for affidavits
13.19(1)  In addition to complying with rule 13.13, an affidavit under 
these rules must comply with all of the following:
	(a)	be in Form 49,
	(b)	state, on the front page, the full name of the people swearing 
the affidavit and the date the affidavit was sworn,
	(c)	state the place of residence of the person swearing the 
affidavit,
	(d)	be written in the first person,
	(e)	be divided into consecutively numbered paragraphs, with 
dates and numbers expressed in numerals unless words or a 
combination of words and numerals makes the meaning 
clearer,
	(f)	be signed or acknowledged and sworn before a person 
empowered to administer oaths, whether that person prepared 
the affidavit or not,
	(g)	contain a statement of when, where and before whom the 
affidavit was sworn, and
	(h)	be signed by the person administering the oath.
(2)  An affidavit is not invalid or otherwise improper just because it 
was sworn before a commencement document was filed.
Changes in affidavits
13.20   An affidavit with an insertion, alteration or erasure must not 
be used without the Court's permission unless the insertion, alteration 
or erasure is authenticated by the initials of the person administering 
the oath.
Requirements for exhibits to affidavit
13.21(1)  A record to be used with an affidavit must be
	(a)	an exhibit to the affidavit, and
	(b)	identified by a certificate of the person administering the 
oath.
(2)  If the total number of pages of an affidavit and attached exhibits is 
25 or more,
	(a)	the exhibits must be separated by tabs, and the pages within 
each tab must be numbered consecutively, or
	(b)	the pages of the affidavit and all exhibits must be 
consecutively numbered using a single series of numbers.
(3)  An exhibit to an affidavit must be attached or appended to the 
affidavit when the affidavit is filed unless
	(a)	the exhibit is unduly large or bulky and can be adequately 
identified,
	(b)	the exhibit has already been filed and is identified, or
	(c)	the Court otherwise orders.
Affidavits by visually impaired or those unable to read
13.22(1)  If it seems to the person administering the oath that the 
person swearing the affidavit is visually impaired or unable to read, the 
person administering the oath must read the affidavit to the person 
swearing the affidavit and certify that
	(a)	the affidavit was read to the person,
	(b)	the person seemed to understand it, and
	(c)	the person signed the affidavit or made the person's mark in 
the presence of the person administering the oath.
(2)  The affidavit must not be used in evidence without the certification 
referred to in subrule (1) unless the Court is satisfied that the affidavit 
was read to, and appeared to be understood by, the person swearing it.
Understanding affidavit
13.23(1)  If it seems to the person administering the oath that the 
person swearing a written affidavit does not understand the language in 
which the affidavit is written, before the affidavit is sworn the contents 
of the affidavit must be translated for the person swearing the affidavit 
by a person competent to do so.
(2)  Before the affidavit is translated, the translator must be sworn to 
accurately translate the affidavit and oath.
(3)  The person administering the oath must certify as to the person's 
belief that the affidavit was translated for the person swearing the 
affidavit by the sworn translator.
(4)  Unless otherwise permitted by the Court, a sworn affidavit that is 
not in the English language must be translated into English by a 
translator competent to do so and, when the affidavit is filed, be 
accompanied with a certificate of the translator that the translation is 
accurate and complete.
More than one individual swearing affidavit
13.24   An affidavit may be made by 2 or more individuals and that 
fact must be stated in the statement of when, where and before whom 
the affidavit was sworn.
Use of filed affidavits
13.25   In an application or proceeding in an action, a party may use 
and refer to any affidavit filed in the action.
Exhibits:  filing and return
13.26(1)  Exhibits filed with the court clerk must
	(a)	be dated and numbered,
	(b)	indicate the parties involved in the action, application or 
proceeding for which the exhibit is filed, and
	(c)	state who owns the exhibit and by whom the exhibit is filed.
(2)  A list of exhibits filed in an action, application or proceeding, 
briefly describing the exhibits and who filed them, must be noted in the 
Court file.
(3)  After the time for an appeal has expired, the court clerk may, 
subject to any order, return a record or exhibit to the owner or person 
who filed it.
(4)  The court clerk may destroy or dispose of a record or exhibit if the 
court clerk
	(a)	gives at least 3 months' written notice by ordinary mail to the 
owner or person who filed it of the court clerk's intention to 
destroy or dispose of the record or exhibit, and
	(b)	receives no response to the notice by the end of the notice 
period given under clause (a).
Subdivision 3 
Lost and Concurrent Documents, Certified Copies, 
Authenticated Photographs and Video Recordings
Lost documents
13.27   If a commencement or other document has been lost, the court 
clerk, if satisfied of the loss and of the correctness of a copy of the 
document, may certify the copy, which may be used in place of the 
original.
Concurrent document
13.28(1)  During the validity of a commencement document, the court 
clerk may issue a concurrent document, which is in force during the 
validity of the original document.
(2)  The concurrent document must have the same date as the original 
document and must be marked "concurrent" with the date of issue of 
the concurrent document.
Certified copies of original records
13.29(1)  The Court may give directions
	(a)	respecting the preparation of a certified copy of an original 
record that has been filed, and
	(b)	if necessary, the use of the certified copy in place of the 
original record in an action, application or proceeding.
(2)  The court clerk may certify or authenticate any document in the 
court file.
(3)  The certified copy of an original record is admissible in evidence 
to the same extent as the original.
Authenticated photographs of personal property
13.30(1)  If a party wishes to put personal property in evidence, the 
party may, in addition to or in substitution for the property, file one or 
more photographs
	(a)	if permitted or directed by the Court, or
	(b)	with the agreement of every other party.
(2)  The party filing the photographs must provide an accompanying 
certificate by the photographer certifying its authenticity and, with 
respect to each photograph,
	(a)	the date, time and place where the photograph was taken;
	(b)	the photographer's name;
	(c)	whether the photograph has been modified, enhanced or 
altered in any way, or otherwise tampered with;
	(d)	any other matter directed by the Court.
(3)  An authenticated photograph filed under this rule must be treated 
by the Court in the same manner as if the personal property had been 
received in evidence, but if in the Court's opinion the quality or 
content of a photograph is not adequate, the Court may
	(a)	direct that the photograph not be used, or
	(b)	give any other direction the Court considers appropriate in 
the circumstances.
Video recordings in place of transcripts
13.31   If the parties agree or the Court orders that a video recording 
be made instead of a transcript, the person operating the video 
recording device that records the questioning must give a certificate 
containing the following:
	(a)	the name and address of the person giving the certificate,
	(b)	the date, time and place of the video recording,
	(c)	the names of the persons questioned and the persons doing 
the questioning,
	(d)	whether the video recording is of the entire questioning or 
only a portion of it, and
	(e)	any other information required by the Court.
Division 5 
Payment of Fees and Allowances,  
and Waivers of Fees
Fees and allowances
13.32(1)  In every action, application or proceeding in Court, there 
must be paid to the appropriate court officer or other appropriate 
person the fee specified, referred to or determined in accordance with 
Schedule B unless the court clerk waives the fee, in whole or in part, in 
accordance with guidelines, if any, established or adopted by the 
Minister of Justice and Attorney General for persons unable to pay 
fees.
(2)  Except for fees for transcripts, the fees referred to in subrule (1) 
are payable in advance unless the court clerk otherwise permits or the 
Court otherwise orders.
Uncertainty of amount of fees and allowances
13.33(1)  If the amount of a fee, allowance or other amount is 
uncertain or impossible to determine, the fee or amount may be 
estimated by the court clerk and adjusted when the fee or amount is 
fixed by a judge.
(2)  When a person is paid or given an allowance before actual 
attendance at an application or proceeding conducted under these rules, 
the person is entitled to receive any additional sum that is determined 
to be payable after completion of the attendance.
(3)  When a party is permitted or required to pay an allowance, that 
party may have the amount fixed by an assessment officer without 
notice to any other person, subject to adjustment after completion of 
the actual attendance.
Fee accounts
13.34   The court clerk may establish and operate accounts for the 
purpose of allowing lawyers to charge fees or other amounts to the 
account and for the court clerk to send an invoice for fees and other 
amounts as required.
Fee exemption
13.35(1)  A peace officer is exempt from the payment of fees or other 
amounts under Schedule B for the search of a name, the inspection of a 
file or a copy or the certification of a document when the court service 
is required in the execution or discharge of the peace officer's duties.
(2)  In this rule, "peace officer" means a peace officer as defined in the 
Provincial Offences Procedures Act.
Fee waiver:  legal aid
13.36(1)  In this rule,
	(a)	"certificate" means a Legal Aid Certificate issued by the 
Legal Aid Society of Alberta;
	(b)		"document" means any document that may be filed for which 
a fee is payable under item 1 of Schedule B.
(2)  A court clerk who is requested to file a document must waive the 
filing fee otherwise payable if presented with a subsisting certificate 
issued in respect of the person for whom the document is to be filed.
(3)  If a document was filed in an action before a certificate is issued in 
respect of the person for whom the document was filed, the fee paid 
for filing the document may not be waived under this rule.
Fee waiver:  restraining orders
13.37(1)  In this rule, "restraining order" means a restraining order  in 
respect of an interpersonal matter between individuals or a protection 
order under the Protection Against Family Violence Act and includes 
the costs associated with respect to that restraining order or protection 
order.
(2)  If a court clerk files a commencement document in which the 
remedy claimed is a restraining order, the court clerk must waive the 
fee payable under item 1 of Schedule B.
(3)  Despite subrule (2), the fee referred to in subrule (2) must not be 
waived if any remedy, other than or in addition to a restraining order, 
is being sought in respect of the matter for which the document is 
being filed.
(4)  A fee that was waived becomes immediately payable if the party in 
respect of whom the fee was waived claims or seeks a remedy in 
respect of the matter other than or in addition to the restraining order.
Division 6 
Judge's Fiat, Court Officers and  
Court Reporters
Judge's fiat
13.38(1)  A judge or a master may authorize, direct or give 
permission to a court officer to do an act, and a note signed by the 
judge or master is sufficient authority to carry out the act.
(2)  The authorization, direction or permission must be filed unless the 
judge or master otherwise directs.
Court officers
13.39   The persons holding the following positions are court officers:
	(a)	the court clerk and every person delegated authority by the 
court clerk or authorized by the court clerk to perform any 
court clerk functions;
	(b)	the sheriff;
	(c)	a person appointed as a deputy of a person described in 
clause (a) or (b).
Court officers may delegate authority
13.40(1)  A court officer may, in writing, appoint a person to act on 
the court officer's behalf if the court officer is absent or unable to act.
(2)  A court officer may appoint a person to sign, on the court officer's 
behalf, anything required to be signed by the court officer.
Authority of court clerk
13.41(1)  Subject to subrules (2) and (3), the court clerk must file, 
issue, certify or do anything with respect to an action, application or 
proceeding that complies with these rules.
(2)  The court clerk must not file, issue, certify or do anything with 
respect to an action, application or proceeding except
	(a)	on the personal attendance at the court office by the party or 
person concerned, or if that party or person is represented, by 
the party's or person's lawyer or the lawyer's representative,
	(b)	at the written request of the party or person concerned or the 
party's or person's lawyer who completes the prescribed 
form or other required document and provides it to the court 
clerk with a prepaid and addressed envelope when return of a 
document is required, or
	(c)	by a means authorized by the Court, which may include 
filing by fax or electronic mail, or both.
(3)  A court clerk may refuse to file, issue, certify or do any other thing 
with respect to an action, application or proceeding if
	(a)	the instructions to the court clerk are not clear,
	(b)	a document or prescribed form is not satisfactory or not 
satisfactorily completed, or
	(c)	a requirement of these rules has not been complied with.
(4)  Notwithstanding subrule (2)(c), where the Court has authorized the 
filing of an affidavit with a court clerk by fax or electronic means, the 
original of that affidavit must be filed with that court clerk within 15 
days after the faxed or electronic copy is filed.
Absence of court clerk
13.42   In the absence or inability of the court clerk or other officer of 
the Court to act or to do a thing, the duty may be performed by a 
person designated for that purpose by the Chief Justice.
Seal
13.43   Each court clerk may use the court seal as occasion requires.
Duties of court clerk
13.44   In addition to any other duties that a court clerk is required by 
law to perform, a court clerk has the following duties and 
responsibilities:
	(a)	to establish and maintain a court file for each action started in 
the Court and to keep the court file up to date;
	(b)	to receive, file and have custody of all commencement 
documents, pleadings, affidavits and records filed in every 
action, application or proceeding;
	(c)	to have custody of all documents required or ordered to be 
deposited for safekeeping or otherwise under an order or an 
enactment;
	(d)	to take any action or do anything required or permitted under 
these rules, an enactment or an order or judgment;
	(e)	in accordance with the Court's directions, to keep a detailed 
log of court proceedings, including any record that is capable 
of being represented or reproduced visually or by sound or 
both and ensure that the recording and log are properly and 
securely stored;
	(f)	to keep proper accounts and records of money or property 
received, paid out or disposed of;
	(g)	to perform any other functions required by the Minister or the 
Chief Justice.
Notice to be given to court officers
13.45(1)  Every party or person
	(a)	who receives an order or judgment, or
	(b)	in whose favour an order or judgment is made
that imposes duties on a court officer must give to the court officer 
written notice of the order or judgment and of the duty imposed under 
the order or judgment unless the Court otherwise orders.
(2)  Filing the order or judgment is not notice to the court officer.
Official court reporters
13.46(1)  An official court reporter must perform the duties required 
under these rules or assigned by the Minister or the Court and must
	(a)	keep in safe custody the record of any proceedings or 
questioning taken by the official court reporter, 
	(b)	honestly and accurately transcribe the record of those 
proceedings or that questioning, and
	(c)	deliver a copy of the transcript as required by these rules.
(2)  On or attached to a transcript, the official court reporter must
	(a)	state the official court reporter's name,
	(b)	specify the date and place where the transcript was 
transcribed, and
	(c)	certify the transcript, or the portion of the transcript 
transcribed, as complete and accurate.
Proof of official court reporter's signature not required
13.47   Proof of the signature of an official court reporter or a person 
transcribing questioning under these rules is not required unless the 
Court orders otherwise.
Division 7 
Payment into Court and Payment  
out of Court
When money may be paid into Court
13.48   Money may be paid into Court in accordance with
	(a)	these rules;
	(b)	an enactment;
	(c)	a judgment or order.
How money is paid into Court
13.49(1)  Money paid into Court must be paid to the court clerk and 
accompanied with Form 50.
(2)  The court clerk must
	(a)	give a receipt for money paid into Court, and
	(b)	deposit the money in an account in a bank, treasury branch or 
trust corporation, unless otherwise ordered.
Tender on judicial sale
13.50(1)  Certified cheques received by the court clerk as a tender on 
a judicial sale must be held by the court clerk on behalf of the person 
making the tender.
(2)  If the court clerk expects the tender to be considered by the Court 
or otherwise dealt with within one month after receipt of the certified 
cheque, the court clerk may hold the cheque without depositing it.
(3)  If the court clerk expects that a tender will not be considered or 
otherwise dealt with within one month after receipt of the certified 
cheque, or if the person making the tender so requests within one 
month after making the tender, the court clerk must invest the money 
in securities described in rule 13.54.
Litigant's account
13.51(1)  Money paid into Court must be credited to a litigant's 
account for the action, application or proceeding for which the 
payment is made.
(2)  The court clerk is in charge of every litigant's account and must 
record all transactions related to the account and the authority for the 
transaction.
Payments into Court under Trustee Act
13.52(1)  An application for permission to pay money or securities 
into Court under the Trustee Act or a payment into Court under that 
Act must be accompanied with an affidavit of one or more trustees 
setting out
	(a)	a brief description of the trust, the instrument or enactment 
creating it or the circumstances under which it arose,
	(b)	the name of every person interested in or entitled to the 
money or securities, together with their addresses, if known, 
and
	(c)	an address for service of documents.
(2)  Notice of the application or payment into Court must be given to 
every person that the Court orders be notified.
Payments out of Court
13.53  Money paid into Court may be paid out of Court only
	(a)	if the court clerk certifies that the money is in Court,
	(b)	in accordance with an order, unless otherwise permitted by 
the Court,
	(c)	by cheque signed and countersigned by a person designated 
by the Minister, and
	(d)	if the payment is to
	(i)	the person entitled to the money or the person's lawyer, 
or
	(ii)	another person specified by the Court or named by the 
person entitled to the money.
Investments and payment earnings
13.54(1)  Money paid into Court or money subject to an order may be 
invested on the court clerk's initiative or on the written request of a 
person having an interest in the money, and if the money is invested, 
the money may only be invested in
	(a)	public funds of Alberta or Canada,
	(b)	deposit certificates of a bank, treasury branch or trust 
corporation, or
	(c)	securities or a class of securities authorized by the Court.
(2)  Money earned on investments made under subrule (1) must be 
paid to the person entitled to the money paid into Court when the 
principal amount is paid out, unless the Court otherwise orders.
Disposition of money in accounts
13.55(1)  If the balance remaining to the credit of a court account is 
less than $100 and 2 years has passed after the amount was deposited 
in the account without the balance being claimed, the account must be 
closed by transferring the balance to the suspense account maintained 
by the court clerk.
(2)  Subject to subrule (1), 10 years after the last payment into a court 
account, the balance must be transferred to the suspense account.
(3)  Money in the suspense account, including interest or any return on 
money in that account, is subject to the control of, and may be paid out 
only in accordance with a direction of, the Lieutenant Governor in 
Council.
(4)  This rule does not affect the right of a person entitled to the money 
in the suspense account, including the right to recover the money.
Part 14 
Appeals
Application
14.1(1)  The Alberta Rules of Court (AR 390/68) continue to apply to 
appeals to the Court of Appeal.
(2)  The Court of Appeal Practice Directions in effect on the coming 
into force of these rules remain in effect with respect to appeals to the 
Court of Appeal.
Part 15 
Transitional Provisions And Coming Into 
Force
Definitions
15.1   In this Part,
	(a)	"existing proceeding" means a court proceeding commenced 
but not concluded under the former rules;
	(b)	"former rules" means the Alberta Rules of Court 
(AR 390/68) in effect immediately before these rules come 
into force.
New rules apply to existing proceedings
15.2(1)  Except as otherwise provided in an enactment, by this Part or 
by an order under rule 15.6, these rules apply to every existing 
proceeding.
(2)  Every order or judgment made under the former rules and 
everything done in the course of an existing proceeding is to be 
considered to have been done under these rules and has the same effect 
under these rules as it had under the former rules.
Dispute resolution requirements
15.3   Rule 4.16 applies to an existing proceeding unless, before this 
rule comes into effect, discoveries under the former rules in the 
existing proceeding have been completed.
Dismissal for long delay:  bridging provision
15.4(1)  Unless subrule (2) applies, the Court, on application, must 
dismiss the action as against the applicant if
	(a)	after the coming into force of this rule, 2 years has elapsed 
since the last thing done to significantly advance the action, 
or
	(b)	5 years has elapsed since the last thing done to significantly 
advance the action,
whichever comes first.
(2)  The Court must not dismiss the action if
	(a)	the parties to the application agreed to the delay,
	(b)	the action has been stayed or adjourned by order or an order 
has extended the time for doing the next thing in the action, 
or
	(c)	an application has been filed or proceedings have been taken 
since the delay and the applicant has participated in them for 
a purpose and to an extent that, in the opinion of the Court, 
warrants the action continuing.
Contingency fee agreements
15.5(1)  Rule 10.7(2) does not apply to a contingency fee agreement 
entered into before this rule comes into effect if the agreement 
complied with the former rules.
(2)  Rule 10.7(2)(e), (f), (g) and (h) and (3), (4), (5) and (6) do not 
apply to a contingency fee agreement entered into before May 1, 2000, 
if
	(a)	the agreement complies with rule 616 of the former rules as it 
existed before May 1, 2000, and
	(b)	a copy of the agreement was filed with the Court in 
accordance with rule 617 of the former rules as that rule 
existed before May 1, 2000.
Resolution of difficulty or doubt
15.6   If there is doubt about the application or operation of these rules 
to an existing proceeding or if any difficulty, injustice or impossibility 
arises as a result of this Part, a party may apply to the Court for 
directions or an order, or the Court may make an order, with respect to 
any matter it considers appropriate in the circumstances, including:
	(a)	suspending the operation of any rule and substituting one or 
more former rules, with or without modification, for 
particular purposes or proceedings or any aspect of them;
	(b)	modifying the application or operation of these rules in 
particular circumstances or for particular purposes.
Filing of orders or judgments
15.7   Where on the coming into force of these rules a person has not 
filed an order or judgment that the person was required to file under 
the former rules, the person must file the order or judgment within
	(a)	one year from the date on which the order or judgment was 
pronounced, or
	(b)	3 months from the coming into force of these rules,
whichever occurs first.
Increased or decreased time limits
15.8(1)  Where under these rules a time limit is provided for doing 
anything, other than the serving of a notice or other document in 
advance of some event, that is longer than the time limit provided 
under the former rules, the time limit provided in these rules prevails, 
despite that the action or proceeding to which the time limit applies 
was commenced under the former rules.
(2)  Where under these rules a time limit is provided for doing 
anything, other than the serving of a notice or other document in 
advance of some event, that is shorter than the time limit that was 
provided under the former rules, a person who commenced the action 
or proceeding to which the time limit applied under the former rules 
must comply with 
	(a)	the time limit under the former rules, or
	(b)	the time limit under these rules, calculated from the date on 
which these rules come into force, 
whichever occurs first.
(3)  Service of a document or notice that was effected under the former 
rules prior to the coming into force of these rules remains valid despite 
any change to the relevant time limit imposed as a result of the coming 
into force of these rules.
Time limit under these rules
15.9(1)  Subject to subrule (2), where these rules impose a time limit 
for doing anything for which no time limit was provided for under the 
former rules, and on the coming into force of these rules the thing has 
not yet been done, the time limit under these rules applies to the doing 
of that thing and is calculated from the date on which these rules come 
into force.
(2)  Rule 8.7 applies only to matters that are set down for trial after the 
coming into force of these rules.
Time runs from different event
15.10   Where the time limit provided by these rules for doing 
anything runs from a different event than the equivalent time limit 
under the former rules, and on the coming into force of these rules the 
thing has not yet been done, the time limit provided by these rules 
applies, calculated either
	(a)	from the event specified in these rules, or
	(b)	from the coming into force of these rules,
whichever occurs later.
Formal offer to settle
15.11   A formal offer to settle an existing proceeding that was made 
and neither withdrawn nor accepted prior to the coming into force of 
these rules remains open for acceptance in accordance with the former 
rules.
New test or criteria
15.12   Where these rules impose a new test, provide new criteria or 
provide an additional ground for making an application in an existing 
proceeding, these rules apply in respect of the application if the 
application was made but has not been heard prior to the coming into 
force of these rules.
Place of existing proceeding
15.13   The coming into force of rules 3.3 and 3.4 does not operate to 
require an existing proceeding to be carried on in a different judicial 
centre from the judicial centre in which it was commenced.
Repeal
15.14(1)  The Alberta Rules of Court (AR 390/68), except Parts 57, 
58 and 60, are repealed.
(2)  In accordance with section 36(1)(f) of the Interpretation Act, 
references within Parts 57, 58 and 60 of the former rules are deemed to 
be references to the corresponding provisions of these rules.
(3)  Despite the repeal of the Alberta Rules of Court (AR 390/68), the 
Alberta Rules of Court (AR 390/68) continue to apply to appeals to the 
Court of Appeal.
Coming into force
15.15(1)  Subject to subrule (2), these rules come into force on 
November 1, 2010.
(2)  Rule 4.33 comes into force 2 years after rule 15.4 comes into 
force.
(3)  Rule 15.4 is repealed when rule 4.33 comes into force.
Schedule A 
 
Forms 
 
Division 1 
Forms for Parts 2 to 11, 13 and 14

Rule #
Form #
Affidavit of Self-appointed Litigation 
Representative
2.14
 1
Notice of Self-appointment of Litigation 
Representative
2.14(1)(b)
 2
Notice of Change of Representation
2.28
 3
Notice of Withdrawal of Lawyer of Record
2.29
 4
Originating Application - Notice of 
Appeal/Reference
3.2(2)
 5
Notice of Request for Transfer of Action
3.4
 6
Originating Application
3.8
 7
Notice to Obtain Record of Proceedings
3.18
 8
Certified Record of Proceedings
3.19
 9
Statement of Claim
3.25
10
Statement of Defence
3.31
11
Reply to Defence
3.33
12
Demand for Notice by Defendant(s)
3.34, 
12.11(2)
13
Noting in Default
3.36(1)
14
Notice of Claim against Co-Defendant(s)
3.43
15
Third Party Claim
3.45
16
Third Party Statement of Defence
3.49
17
Demand for Notice by Third Party 
Defendant(s)
3.50
18
Application to Enforce Judgment Against 
Third Party Defendant
3.53
19
Reply to Defence of Third Party Defendant
3.54
20
Counterclaim
3.57, 
12.11(3)
21
Formal Offer to Settle
4.24
22
Discontinuance of Claim
4.36(4)
23
Discontinuance of Defence
4.37
24
Expert's Report
5.34
25
Affidavit of Records
5.6
26
Application
6.3, 
10.52(1)
27
Notice of Appeal of Master's Judgment or 
Order
6.14
28
Notice of Appointment for Questioning
5.21, 6.15
29
Letter of Request to Judicial Authority
6.22(4)
30
Order that Evidence Be Taken Outside Alberta
6.22(4)
31
Notice of Application for Order Restricting 
Access
6.31, 6.32
32
Notice to Admit Facts [Written Opinions]
6.37
33
Originating Application for Interpleader Order
6.56
34
Civil Enforcement Agency Directions to 
Instructing Creditor
6.59
35
Application for a Summary Trial
7.5(2)
36
Request to Schedule a Trial Date
8.4
37
Application for Court to Set a Trial Date
8.5
38
Confirmation of Trial Date
8.7
39
Notice to Attend as Witness at Trial
8.8
40
Application for an Order that a Judgment Has 
Been Satisfied
9.22
41
Notice of Appointment for Review of Retainer 
Agreement/Lawyer's Charges
10.13
42
Notice of Appeal of Review Officer's 
Decision
10.26
43
Bill of Costs
10.35(1)
44
Appointment for Assessment of Costs
10.37
45
Notice of Appeal of Assessment Officer's 
Decision
10.44
46
Order to Appear
10.51
47
Notice of Address for Service in Foreclosure 
Action
11.24
48
Generic Affidavit
13.19
49
Money Paid into Court
13.49
50
Form 1 
[Rule 2.14]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S)
DEFENDANT(S)
DOCUMENT	AFFIDAVIT OF SELF-APPOINTED
	LITIGATION REPRESENTATIVE   
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
AFFIDAVIT OF ____________________
Sworn on_______________________, 20______.
I, _________________________, of (municipality, province),
SWEAR/AFFIRM AND SAY THAT:
1.	Attached as Exhibit 1 is my agreement in writing to be the 
litigation representative.
2.	The reason(s) for this self-appointment as the litigation 
representative is/are:
	(a)	
	(b)	
3.	The relationship between me and the party I will represent as 
the litigation representative is_______________________.
4.	I have no interest in the action adverse in interest to the party 
I will represent as the litigation representative.
5.	I am a resident of the Province of Alberta.
6.	I acknowledge potential liability for payment of a costs 
award attributable to or liable to be paid in these proceedings 
where I will be the litigation representative 
[The following additional paragraphs are required where a 
person wishes to self-appoint as the litigation representative 
for the estate of a deceased person.]
7.	The estate of _______________________ ("the Estate") has 
a substantial interest in this matter.
8.	I have/may have duties to perform in the administration of 
the Estate.
9.	An application has been/has not been/will be made for the 
administration of the Estate.
10.	I do/do not/may represent interests adverse to any other party 
in the action/proposed action.
SWORN (OR AFFIRMED) BEFORE ME	) 
at                      , Alberta, this              day	) 
of                            , 20____.	) 
	)	   (Signature of     
(Commissioner for Oaths	) 	   Litigation            
in and for the Province of Alberta)	)	   Representative) 
	   ) 	   (Print Name)	
PRINT NAME AND EXPIRY/LAWYER 
/STUDENT-AT-LAW
Form 2 
[Rule 2.14(1)(b)]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
THE ESTATE OF:
DOCUMENT	NOTICE OF SELF-APPOINTMENT OF
	LITIGATION REPRESENTATIVE         
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
THE ESTATE OF:
Notice of appointment
This is to notify you that with the filing of the attached affidavit in 
Form 1 with the Court and the service of this notice on the 
beneficiaries and heirs at law of the deceased __________, 
_____________ is appointed as the litigation representative of the 
estate of                           .
Attachment:  AFFIDAVIT IN FORM 1
Form 3 
[Rule 2.28]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S)
DEFENDANT(S)
DOCUMENT	NOTICE OF CHANGE OF
	REPRESENTATION         
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
[Name and Status] has changed the lawyer of record from 
[Legal Counsel, Law Firm Name] to [Legal Counsel, Law Firm 
Name].
OR    
[Name and Status], formerly a self-represented litigant, has 
retained as lawyer of record [Legal Counsel, Law Firm Name].
OR    
[Name and Status], has changed the lawyer of record from 
[Legal Counsel, Law Firm Name] to become a self-represented 
litigant.
Legal Counsel for [Name and Status]:
Law Firm Name:
Per:	________________________________
	________________________________
	Print Name of Lawyer Signing
OR    
[Name and Status]
________________________________
________________________________
Print Name
WARNING
This change of representation takes effect after the affidavit of 
service of this document on each of the other parties is filed.  
After that date, no delivery of a pleading or other document 
relating to the action is effective service on the former lawyer of 
record or at any address for service previously provided by the 
former lawyer of record, or on the self-represented litigant.

Form 4 
[Rule 2.29]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S)
DEFENDANT(S)
DOCUMENT	NOTICE OF WITHDRAWAL OF  
		LAWYER OF RECORD             
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
Counsel for [Name and Status] withdraws as lawyer of record 
for that party.
The last known address for [Name and Status] is as follows:
Legal Counsel for [Name and Status]:
Law firm name:
Per:	________________________________
	________________________________
	Print Name of Lawyer Signing
WARNING
This withdrawal of lawyer of record takes effect 10 days after the 
affidavit of service of this document on every party is filed.  After 
that date, no delivery of a pleading or other document relating to 
the action is effective service on the former lawyer of record or at 
any address for service previously provided by the former lawyer 
of record.

Form 5 
[Rule 3.2(2)]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	ORIGINATING APPLICATION -       
		NOTICE OF APPEAL/REFERENCE 
		UNDER AN ENACTMENT                
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
[Only use if there are respondents]
NOTICE TO THE RESPONDENT(S)
This application is made against you.  You are a respondent.  
You have the right to state your side of this matter before the Court.
To do so, you must be in Court when the application is heard as 
shown below:
	Date	___________________
	Time	___________________
	Where	___________________
	Before Whom	___________________
Go to the end of this document to see what else you can do and 
when you must do it.
Appeal from                                    
[Insert "Provincial Court - Civil Division", "Surface Rights 
Board", etc. as appropriate]
OR
Reference to the Court under    (name of enactment)   .
Basis for the claim/reference/appeal/matter to be put before the 
Court:
1.
Remedy sought:
2.
Affidavit or other evidence to be used in support of this 
application:
3.
Applicable Acts and regulations:
4.
WARNING
If you do not come to Court either in person or by your lawyer, 
the Court may give the applicant(s) what they want in your 
absence.  You will be bound by any order that the Court 
makes, or another order might be given or other proceedings 
taken which the applicant(s) is/are entitled to without any 
further notice of them to you.  If you want to take part in this 
application, you or your lawyer must attend in Court on the 
date and at the time shown at the beginning of this form.  If 
you intend to rely on an affidavit or other evidence when the 
originating application is heard or considered, you must reply 
by giving reasonable notice of that material to the applicant.
Form 6 
[Rule 3.4]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S)
DEFENDANT(S)
DOCUMENT	NOTICE OF REQUEST FOR  
		TRANSFER OF ACTION      
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE TO THE PLAINTIFF(S) AND COURT CLERK
The Defendant(s) by this notice is/are requesting the court clerk in 
the judicial centre in which this action is located to transfer the 
action to the judicial centre of ___________________.
Go to the end of this document to see what you can do and when 
you must do it.
Request:
1.	The defendant(s) request(s) the court clerk in the judicial 
centre of ____________________ to transfer this action to 
the judicial centre of ____________________.
2.	The reason for the transfer is that possession of the following 
land is claimed in the statement of claim: [put in legal 
description and municipal address]
3.	This land is closest by road to the judicial centre of 
________________________.
[alternative 3]
3.	My residence is located at [put in legal description and 
municipal address], and the judicial centre of 
_________________________ is closest by road to my 
Alberta residence.
NOTICE TO THE PLAINTIFF(S)
Possession of land is claimed in your statement of claim.  The 
defendant(s) state(s) that the judicial centre that by road is 
closest to the land, or the judicial centre that by road is closest to 
the Alberta residence of the defendant(s), is 
__________________________.
The court clerk is required to transfer this action to the judicial 
centre of ________________ unless these facts as stated by the 
defendant(s) are incorrect, the pleadings in this action have 
closed, or one of the exceptions stated in the notice to the court 
clerk below applies.

WARNING
If you do not immediately notify the court clerk in the judicial 
centre in which this action is located and dispute the facts as 
stated by the defendant(s) in this request, or alternatively, that 
the pleadings have closed or why one of the exceptions stated in 
the notice to the court clerk below applies within 10 days of 
service of this request on you, the court clerk will transfer this 
action to the judicial centre requested by the defendant(s) 
without further notice to you.

NOTICE TO THE COURT CLERK
You must transfer this action to the judicial centre of 
______________________ unless the facts as stated by the 
defendant(s) in this request are incorrect, the pleadings in this 
action have closed, or one of the following applies:
	(a)	the Court has issued an order directing the action be 
started in or transferred to a particular judicial centre, 
	(b)	the parties agree that an action be started in or be 
transferred to a particular judicial centre,
	(c)	the action has already been transferred to a judicial 
centre by request under rule 3.4, or
	(d)	an objection has been filed under rule 3.4(4).
Form 7 
[Rule 3.8]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	ORIGINATING APPLICATION
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE TO THE RESPONDENT(S)
This application is made against you.  You are a respondent.  
You have the right to state your side of this matter before the Court.
To do so, you must be in Court when the application is heard as 
shown below:
	Date	___________________
	Time	___________________
	Where	___________________
	Before	(Judge in Motions Court/ 
		Master in Motions Court)
Go to the end of this document to see what you can do and when 
you must do it.
Basis for this claim:
1.
Remedy sought:
2.
Affidavit or other evidence to be used in support of this 
application:
3.
Applicable Acts and regulations:
4.
WARNING
You are named as a respondent because you have made or are 
expected to make an adverse claim in respect of this originating 
application.  If you do not come to Court either in person or by 
your lawyer, the Court may make an order declaring you and all 
persons claiming under you to be barred from taking any further 
proceedings against the applicant(s) and against all persons 
claiming under the applicant(s).  You will be bound by any 
order the Court makes, or another order might be given or other 
proceedings taken which the applicant(s) is/are entitled to make 
without any further notice to you.  If you want to take part in the 
application, you or your lawyer must attend in Court on the date 
and at the time shown at the beginning of this form.  If you 
intend to rely on an affidavit or other evidence when the 
originating application is heard or considered, you must reply by 
giving reasonable notice of that material to the applicant(s).
Form 8 
[Rule 3.18]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	NOTICE TO OBTAIN RECORD  
		OF PROCEEDINGS                  
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE TO     (NAME OF PERSON OR BODY FROM WHOM 
RECORD IS SOUGHT)   
Requirement
You are required to provide the following or an explanation as to 
why they, or any of them, cannot be provided:
	(a)	the decision or written record of the act that is the subject of 
the originating application for judicial review,
	(b)	the reasons given for the decision or act, if any, 
	(c)	the document starting the proceeding,
	(d)	the evidence and exhibits filed with you, if any, and 
	(e)	anything else in your possession relevant to the decision or 
act.
Form 9 
[Rule 3.19]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	CERTIFIED RECORD 
		OF PROCEEDINGS  
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
1.	Please find attached
	(a)	the decision or written record of the act that is the subject of 
the originating application for judicial review,
	(b)	the reasons given for the decision or act,
	(c)	the document starting the proceeding,
	(d)	the evidence and exhibits filed with us, and
	(e)	anything else in our possession relevant to the decision or 
act, namely
	(i)	
	(ii)	
2.	The following are parts of the notice to obtain record of 
proceedings that cannot be fully complied with and the 
reasons why:
	(a)	
	(b)	
3.	I certify that I have attached all records as required by rule 
3.19(1).
Name of person who certifies this record:  ____________________
Position    ____________________________
Signature  ___________________________
Form 10 
[Rule 3.25]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S)
DEFENDANT(S)
DOCUMENT	STATEMENT OF CLAIM
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE TO DEFENDANT(S)
You are being sued.  You are a defendant.
Go to the end of this document to see what you can do and when 
you must do it.
Note: State below only facts and not evidence (Rule 13.6)
Statement of facts relied on:
1.	
2.	
3.	
Remedy sought:
4.	
5.	
NOTICE TO THE DEFENDANT(S)
You only have a short time to do something to defend yourself 
against this claim:
20 days if you are served in Alberta
1 month if you are served outside Alberta but in Canada
2 months if you are served outside Canada.
You can respond by filing a statement of defence or a demand 
for notice in the office of the clerk of the Court of Queen's 
Bench at ____________, Alberta, AND serving your statement 
of defence or a demand for notice on the plaintiff's(s') address 
for service.
WARNING
If you do not file and serve a statement of defence or a demand 
for notice within your time period, you risk losing the law suit 
automatically.  If you do not file, or do not serve, or are late in 
doing either of these things, a court may give a judgment to the 
plaintiff(s) against you.
Form 11 
[Rule 3.31]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S)
DEFENDANT(S)
DOCUMENT	STATEMENT OF DEFENCE
PARTY FILING THIS DOCUMENT
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
Note: State below only facts and not evidence (Rule 13.6)
Statement of facts relied on:
1.	
2.	
3.	
Any matters that defeat the claim of the plaintiff(s):
4.	
5.	
6.	
Remedy sought:
7.	
8.	
9.	
Form 12 
[Rule 3.33]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S)
DEFENDANT(S)
DOCUMENT	REPLY TO DEFENCE
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
This is the Reply of    (name and status)    to the 
Statement of Defence filed by    (name and status)    on 
   (date)   .
Statement of facts relied on:
1.	
Any matters that defeat the claim/defence of the defendant(s):
2.	
Remedy sought:
3.	
NOTE
This reply may only make admissions or respond to matters 
raised for the first time in the statement of defence (Rules 
3.33(2)(b) and 13.10).
Form 13 
[Rules 3.34 and 12.11(2)]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S)
DEFENDANT(S)
DOCUMENT	DEMAND FOR NOTICE 
		BY DEFENDANT(S)      
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
The defendant(s) demand(s) notice of any application or 
proceeding in this action.
WARNING
Filing and service of this demand for notice does not give the 
defendant(s) a right to contest liability.  The defendant(s) filing 
a demand for notice may only subsequently file a statement of 
defence with the Court's consent.
Form 14 
[Rule 3.36(1)]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S)
DEFENDANT(S)
DOCUMENT	NOTING IN DEFAULT
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
[Name and Status] require(s) the court clerk to enter in the 
court record of this action a note to the effect that [Name and 
Status] has/have not filed a statement of defence and 
consequently is/are noted in default.
Form 15 
[Rule 3.43]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S)
DEFENDANT(S)
DOCUMENT	NOTICE OF CLAIM AGAINST 
		CO-DEFENDANT(S)               
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE TO THE CO-DEFENDANT(S) [NAME(S)]
This claim for contribution or indemnity, or both, is made against 
you.
Go to the end of this document to see what, if anything, you must 
do.
The defendant(s) _______________________claim(s) 
contribution or indemnity, or both, against you under the 
Tort-feasors Act [or the Contributory Negligence Act].
NOTICE TO THE CO-DEFENDANT(S)
You need not file a pleading in respect of your claim or defence 
under the Tort-feasors Act or the Contributory Negligence Act 
unless the Court otherwise orders.
The defendant also need not file and serve a third party claim on 
you.
NOTE
This claim against you under the Tort-feasors Act or 
Contributory Negligence Act must be determined at the trial of 
the plaintiff's(s') claim against the defendant(s), or if there is no 
trial, as directed by the Court (Rule 3.43(3)).
Form 16 
[Rule 3.45]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S)
DEFENDANT(S)
THIRD PARTY DEFENDANT(S)
DOCUMENT	THIRD PARTY CLAIM
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE FROM    (NAME AND STATUS)    TO THIRD  PARTY 
DEFENDANT(S):
This third party claim is made against you.  You are a third party 
defendant.
Go to the end of this document to see what you can do and when 
you must do it.
Note: State below only facts and not evidence (Rule 13.6).
Statement of facts relied on:
1.	
Remedy sought:
2.	
Statement of claim:
3.	A copy of the statement of claim filed in this action is 
attached.
NOTICE TO THE THIRD PARTY DEFENDANT(S)
You only have a short time to do something to respond to this 
third party claim:
	20 days if you are served in Alberta
	1 month if you are served outside Alberta but in Canada
	2 months if you are served outside Canada.
You can respond by filing a statement of defence or a demand 
for notice in the office of the clerk of the Court of Queen's 
Bench at _______________, Alberta, AND serving your 
statement of defence or a demand for notice on the 
defendant's(s')/third party plaintiff's(s') address for service.
WARNING
If you do not file and serve a statement of defence or a demand 
for notice within your time period, you risk losing the claim 
against you automatically.  If you do not file, or do not serve, or 
are late in doing either of these things, a court may give 
judgment to the defendant(s)/third party plaintiff(s) against you.
This third party claim must be tried with other claims in the 
action unless the Court otherwise orders.
If you do not file a statement of defence disputing liability of the 
defendant(s) to the plaintiff(s), you admit the validity of any 
judgment that the plaintiff(s) obtain(s) against the defendant(s), 
whether obtained by agreement or otherwise.
If you do not file a statement of defence disputing your own 
liability to the third party plaintiff(s) under the third party claim, 
you admit liability to the extent claimed in the third party claim.
Form 17 
[Rule 3.49]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S)
DEFENDANT(S)
THIRD PARTY DEFENDANT(S)
DOCUMENT	THIRD PARTY STATEMENT  
		OF DEFENCE                       
PARTY FILING THIS DOCUMENT
ADDRESS FOR SERVICE AND 
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
Note: State below only facts and not evidence (Rule 13.6)
Statement of facts relied on:
1.	
Any matters that defeat the claim of the defendant(s)/third 
party plaintiff(s):
2.	
Dispute of liability:
3.	This third party defendant(s) do(es)/do(es) not dispute 
defendant's(s') liability to the plaintiff(s).
4.	This third party defendant(s) do(es)/do(es) not dispute the 
third party defendant's(s') liability to the extent claimed in 
the third party claim.
Remedy sought:
5.	
Form 18 
[Rule 3.50]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S)
DEFENDANT(S)
THIRD PARTY DEFENDANT(S)
DOCUMENT	DEMAND FOR NOTICE BY THIRD 
		PARTY DEFENDANT(S)                
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
The third party defendant(s) demand(s) notice of any 
application or proceeding in this action.
NOTE
Filing and service of this demand for notice does not give the 
third party defendant(s) a right to contest liability.  The third 
party defendant(s) filing the demand for notice may 
subsequently file a statement of defence only with the Court's 
consent (Rule 3.51(3)).
Form 19 
[Rule 3.53]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S) (RESPONDENT)
DEFENDANT(S) (APPLICANT)
THIRD PARTY DEFENDANT(S) 
(RESPONDENT)
DOCUMENT	APPLICATION TO ENFORCE 
		JUDGMENT AGAINST THIRD  
		PARTY DEFENDANT             
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE TO THIRD PARTY DEFENDANT(S):
This application is made against you.  You are a defendant.
You have the right to state your side of this matter before the 
master/judge.
To do so, you must be in Court when the application is heard as 
shown below:
	Date	___________________
	Time	___________________
	Where	___________________
	Before	(Judge in Motions Court/ 
		Master in Motions Court)
Go to the end of this document to see what else you can do and 
when you must do it.
Remedy claimed or sought:
1.	Permission from the Court to enforce the judgment against 
the third party defendant [name] granted in favour of the 
defendant(s) [name(s)], prior to the defendant(s) satisfying 
the judgment granted against the defendant(s).
2.	Details of the judgment sought to be enforced against the 
third party defendant are attached/described below.
Grounds for making this application:
3.	
Material or evidence to be relied on:
4.	
Applicable rules:
5.	
Applicable Acts and regulations:
6.	
Any irregularity complained of or objection relied on:
7.	
How the application is proposed to be heard or considered:
8.	
WARNING
If you do not come to Court either in person or by your lawyer, 
the Court may give the applicant(s) what they want in your 
absence.  You will be bound by any order that the Court makes.  
If you want to take part in this application, you or your lawyer 
must attend in Court on the date and at the time shown at the 
beginning of this form.  If you intend to rely on an affidavit or 
other evidence when the application is heard or considered, you 
must reply by giving reasonable notice of the material to the 
applicant.
Form 20 
[Rule 3.54]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S)
DEFENDANT(S)
THIRD PARTY DEFENDANT(S)
DOCUMENT	REPLY TO DEFENCE OF     
		THIRD PARTY DEFENDANT
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
This is the Reply of    (Name and Status) to the Third Party 
Statement of Defence filed by    (Name and Status)    on 
   (date)   .
Statement of facts relied on:
1.	
Any matters that defeat the claim/defence of the third party 
defendant(s):
2.	
Remedy sought:
3.	
NOTE
This reply may only make admissions or respond to matters 
raised for the first time in the statement of defence of the third 
party defendant (rules 3.54(2)(b) and 13.10).
Form 21 
[Rules 3.57 and 12.11(3)]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S) BY COUNTERCLAIM
DEFENDANT(S) BY COUNTERCLAIM
DOCUMENT	COUNTERCLAIM
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE TO DEFENDANT(S) BY COUNTERCLAIM
You are being sued.  You are a defendant by counterclaim.
Go to the end of this document to see what you can do and when 
you must do it.
NOTE:  State below only facts and not evidence [Rule 13.6]
Statement of facts relied on:
1.	
Remedy sought:
2.	
NOTICE TO THE DEFENDANT(S) BY COUNTERCLAIM
You only have a short time to do something to respond to this 
counterclaim:
	20 days if you are served in Alberta
	1 month if you are served outside Alberta but in Canada
	2 months if you are served outside Canada.
You can respond by filing a statement of defence or a demand 
for notice to counterclaim in the office of the clerk of the Court 
of Queen's Bench at ____________, Alberta, AND serving your 
statement of defence or a demand for notice to counterclaim on 
the plaintiff(s) by counterclaim's address for service.

WARNING
If you do not file and serve a statement of defence or a demand 
for notice to counterclaim within your time period, you risk 
losing the law suit automatically.  If you do not file, or do not 
serve, or are late in doing either of these things, a court may 
give a judgment to the plaintiff(s) by counterclaim against you 
after notice of the application has been served on you.
Form 22 
[Rule 4.24]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S)
DEFENDANT(S)
DOCUMENT	FORMAL OFFER TO SETTLE
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY MAKING THIS OFFER
NOTICE TO PARTY RECEIVING OFFER
You have received a formal offer to settle.
Go the end of this document to see what the consequences are if 
you fail to accept this offer.
Party making the offer:
1.	
To whom the offer is made:
2.	
What the offer is:
3.	
Conditions attached to the offer:
4.	
Interest:
	(a)	is/is not included in the amount of the 
offer: ______________________
	(b)	if not included, from what date and at what rate it is 
payable: _____________________
Costs:
	(a)	are/are not included in the amount of the 
offer: ____________________
	(b)	if not included, the amount or scale of costs and the date to 
which they are payable: ________________________
Requirements that must be complied with to accept the offer:
5.	
Form of acceptance of the offer:
6.	Form of acceptance is attached.
Expiry date of this offer:
WARNING
If this formal offer of the plaintiff(s) is not accepted and 
subsequently the plaintiff(s) obtains a judgment or order in the 
action that is equal to or more favourable to the plaintiff(s) than 
this formal offer, the plaintiff(s) is (are) entitled to double the 
costs to which they would otherwise have been entitled for all 
steps taken in the action in relation to the action or claim 
specified in this formal offer, excluding disbursements, after 
service of this formal offer.
Or
If this formal offer of the defendant(s) is not accepted and a 
judgment or order in the action is made that is equal to or more 
favourable to the defendant(s) than this formal offer, the 
defendant(s) is (are) entitled to costs for all steps taken in the 
action in relation to the action or the claim specified in this 
formal offer, after service of this formal offer.  If the 
defendant's(s') formal offer is not accepted and the claim or 
claims that are the subject-matter of this formal offer are 
dismissed, the defendant(s) is (are) entitled to double the costs 
mentioned in the last sentence, excluding disbursements.
Form 23 
[Rule 4.36(4)]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S)
DEFENDANT(S)
DOCUMENT	DISCONTINUANCE OF CLAIM
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
The plaintiff(s) discontinue(s) the action (the parts of the action 
described below) against the defendant(s) [NAME(S)]
NOTE
If you discontinue the action/part of the action, the other 
party is entitled to costs unless the other party consents to 
a discontinuance without costs (Rule 4.36(4)).

NOTE
The discontinuance of the action/part of the action may not 
be raised as a defence to any subsequent action for the 
same or substantially the same claim (Rule 4.36(5)).
Form 24 
[Rule 4.37]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S)
DEFENDANT(S)
DOCUMENT	DISCONTINUANCE OF DEFENCE
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
The defendant(s) [NAMES] discontinue(s) the whole of the 
statement of defence.
Form 25 
[Rule 5.34]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S)
DEFENDANT(S)
DOCUMENT	EXPERT'S REPORT
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY PREPARING THIS DOCUMENT
EXPERT REPORT OF [NAME]
[An expert's report must contain, at a minimum,
	(a)	the expert's name and qualifications,
	(b)	the information and assumptions on which the expert's 
opinion is based, and
	(c)	a summary of the expert's opinion.]
DATE:   ___________________	________________________ 
		SIGNATURE OF EXPERT  
		_______________________ 
		PRINT NAME                     
Form 26 
[Rule 5.6]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S)
DEFENDANT(S)
DOCUMENT	AFFIDAVIT OF RECORDS
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
Affidavit of Records of [Name And Status] Sworn (or Affirmed) 
by ______________________ ON __________________, 20____.
I, _____________________, of (municipality, province), have 
personal knowledge of the following or I am informed and do 
believe that:
1.	I am the plaintiff/defendant/plaintiff's 
representative/defendant's representative.
2.	The records listed in Schedules 1 and 2 are under the control 
of the plaintiff/defendant.
3.	I/The plaintiff(s)/The defendant(s) object(s) to produce the 
records listed in Schedule 2 on the grounds of privilege 
identified in that Schedule.
4.	The records listed in Schedule 3 were previously under the 
control of the plaintiff/defendant, but ceased to be so at the 
time and in the manner stated in Schedule 3.
5.	Other than the records listed in Schedules 1, 2, and 3, I/the 
plaintiff(s)/the defendant(s), does/do not have and never had 
any other relevant and material records under my/the 
plaintiff's(s')/the defendant's(s') control.
SWORN (OR AFFIRMED) BEFORE ME	) 
at                      , Alberta, this              day	) 
of                            , 20____.	)		 
	)	(Signature of Plaintiff/ 
(Commissioner for Oaths	) 	Defendant/Plaintiff's 
in and for the Province of Alberta)	)	Representative/Defendant's 
	   )	Representative)
PRINT NAME AND EXPIRY/LAWYER	  )	   (Print Name)	 
/STUDENT-AT-LAW
Schedule 1
Relevant and material records under my/the Plaintiff's(s')/the 
Defendant's(s') control for which there is no objection to 
produce:

DATE (OR OTHER 
CONVENIENT ORDER)
DESCRIPTION
1.


2.


3.


Schedule 2
Relevant and material records under my/the Plaintiff's(s')/the 
Defendant's(s') control for which there is an objection to 
produce:
	(a)	without prejudice communications:
	(b)	communications and copies of communications between 
solicitor and client:
	(c)	solicitors' work product, including all interoffice 
memoranda, correspondence, notes, memoranda and other 
records prepared by the solicitors or their assistants:
	(d)	records made or created for the dominant purpose of 
litigation, existing or anticipated:
	(e)	records that fall into 2 or more of the categories described 
above:
Schedule 3
Relevant and material records previously under the control of 
the Plaintiff(s)/the Defendant(s):
DESCRIPTION 
OF RECORD
WHEN THIS 
RECORD CEASED 
TO BE UNDER 
PLAINTIFF'S(S')/
DEFENDANT'S(S') 
CONTROL
MANNER IN 
WHICH THIS 
RECORD CEASED 
TO BE UNDER 
PLAINTIFF'S(S')/ 
DEFENDANT'S(S') 
CONTROL
PRESENT 
LOCATION 
OF THE 
RECORD
1.



2.



3.




NOTICE
The time when the producible records listed in this affidavit of 
records may be inspected is ____________________.
The place at which the producible records may be inspected is 
_________________________.
Form 27 
[Rules 6.3 and 10.52(1)]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S)
DEFENDANT(S)
DOCUMENT	APPLICATION BY       
		(NAME AND STATUS)
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE TO RESPONDENT(S)
This application is made against you.  You are a respondent.
You have the right to state your side of this matter before the 
master/judge.
To do so, you must be in Court when the application is heard as 
shown below:
	Date	___________________
	Time	___________________
	Where	___________________
	Before Whom	___________________
Go to the end of this document to see what else you can do and 
when you must do it.
Remedy claimed or sought:
1.	
Grounds for making this application:
2.	
Material or evidence to be relied on:
3.	
Applicable rules:
4.	
Applicable Acts and regulations:
5.	
Any irregularity complained of or objection relied on:
6.	
How the application is proposed to be heard or considered:
7.	
WARNING
If you do not come to Court either in person or by your lawyer, 
the Court may give the applicant(s) what they want in your 
absence.  You will be bound by any order that the Court makes.  
If you want to take part in this application, you or your lawyer 
must attend in Court on the date and at the time shown at the 
beginning of the form.  If you intend to rely on an affidavit or 
other evidence when the application is heard or considered, you 
must reply by giving reasonable notice of the material to the 
applicant.
Form 28 
[Rule 6.14]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S) (APPELLANT(S))
DEFENDANT(S) (RESPONDENT(S))
DOCUMENT	NOTICE OF APPEAL OF 
		MASTER'S JUDGMENT  
		OR ORDER                      
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE TO RESPONDENT(S):  APPEAL HEARING
This appeal is made against a judgment or order of the master that 
was in your favour.  You are a respondent.
The appeal will be heard as shown below:
	Date	___________________
	Time	___________________
	Where	___________________
	Before Whom	__________  Judge in Motions Court
Go to the end of this document to see what else you can do and 
when you must do it.
The Appellant appeals to the Court of Queen's Bench of 
Alberta the decision of Master                                  sitting at 
                               , who on    (yyyy/mm/dd)    made the 
judgment or order attached as item 4 of the record.
Record filed and served with this appeal consists of the 
following:
1.	Application before the master.
2.	The following affidavits and other evidence filed by the 
parties respecting the application before the master:
	(a)	
	(b)	
3.	Transcript of the proceedings before the master (unless the 
Court has dispensed with this requirement).
4.	The judgment or order of the master appealed.
5.	Written reasons of the master (if any).
6.	Additional evidence to be relied on (if any).
Further written argument will/will not be made by the appellant.
The appellant will/will not rely on its written argument that was 
before the master (if any).
WARNING
If you do not come to Court either in person or by your lawyer, 
the Court may give the appellant(s) what they want in your 
absence.  You will be bound by any order that the Court makes.  
If you want to take part in this appeal, you or your lawyer must 
attend in Court on the date and at the time shown at the 
beginning of this form.  You may rely on your original written 
argument, if any, that was before the master.  Within 10 days of 
service of this notice of appeal, you must file and serve on the 
appellant any further written argument you wish to make and 
any additional evidence you intend to rely on.
Form 29 
[Rules 5.21 and 6.15]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S)
DEFENDANT(S)
DOCUMENT	NOTICE OF APPOINTMENT  
		FOR QUESTIONING            
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
This notice requires you to attend for questioning.
NOTICE TO PERSON REQUIRED TO ATTEND APPOINTMENT 
FOR QUESTIONING
You must attend at the date, time and place and for the period 
specified below:
	DATE:	___________________
	TIME:	___________________
	PLACE:	___________________
	PERIOD OF ATTENDANCE: ________
You must also bring any records described below.
?  You are not required to bring any records.
or
?  You must also bring the following records :
	(a)	
An allowance that is required to be paid to you for attending as 
a witness accompanies this notice.
The allowance is calculated as follows:
Allowance payable for each day or part of a day 
necessarily spent by you as a witness:
$
Meals
$
Accommodation
$
Transportation
$
TOTAL
$

WARNING
The Court may order a person to attend for questioning, at a 
date, time and place specified by the Court, if the person 
	(a)	is required to be questioned under the Alberta Rules 
of Court,
	(b)	was served with a notice of appointment for 
questioning under the Alberta Rules of Court,
	(c)	was provided with an allowance, determined in 
accordance with Schedule B [Court Fees and Witness 
and Other Allowances] of the Alberta Rules of Court, 
if so required by the Alberta Rules of Court, and
	(d)	did not attend the appointment.
The Court may order the person to be questioned to bring 
records to the questioning that the person could be required to 
produce at trial.
Form 30 
[Rule 6.22(4)]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S)
DEFENDANT(S)
DOCUMENT	LETTER OF REQUEST TO 
		JUDICIAL AUTHORITY      
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY PREPARING THIS DOCUMENT
TO:     THE JUDICIAL AUTHORITY OF [JURISDICTION] IN 
RELATION TO    (NAME OF WITNESS)   
1.	Pursuant to the order of _________________, a certified 
copy of which is attached, the Alberta Court is convinced that 
it is necessary to question [name] in your court jurisdiction.
2.	The date, time and place for questioning of [name] is as 
follows:
		DATE:	__________________________
		TIME:	__________________________
		PLACE:	__________________________
3.	The Alberta Court has directed [name] be given _____ days' 
(hours') notice of the date for this questioning and directed 
that this questioning be conducted before [name].
4.	[Name] has been directed by the Alberta Court to bring the 
following documents to this questioning:
	(a)	
	(b)	
5.	The form of oath that should be administered to [name] at 
this questioning is as follows:
	(a)	Please place your hand on the Bible.  Do you solemnly 
swear that the evidence that you are about to give shall 
be the truth, the whole truth and nothing but the truth, 
so help you God?
		OR
	(b)	Do you solemnly affirm that the evidence that you are 
about to give shall be the truth, the whole truth and 
nothing but the truth?
6.	The Alberta Court has also directed that the sum of 
$____________ be paid to [name] in relation to this 
questioning.  The amount of this allowance was calculated as 
follows:
Allowance payable for each day or part of a day 
necessarily spent by you as a witness:
$
Meals
$
Accommodation
$
Transportation
$
TOTAL
$
7.	The Alberta Court requests that you cause the necessary 
order or document to be issued to require [name] to attend 
before [name] (and produce the records listed above) and it 
be permitted that such questioning be carried out in 
accordance with the Alberta Rules of Court.
DATE:
CERTIFICATE OF CLERK OF THE COURT:
Form 31 
[Rule 6.22(4)]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S)
DEFENDANT(S)
DOCUMENT	ORDER THAT EVIDENCE BE  
		TAKEN OUTSIDE ALBERTA 
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
DATE ON WHICH ORDER WAS PRONOUNCED: 	
NAME OF MASTER/JUDGE WHO MADE THIS ORDER: 	
ORDER
The Court is convinced that it is necessary to question [name] ("the 
Witness") in the jurisdiction in which the witness resides and 
therefore orders as follows:
1.	The evidence of the Witness is authorized to be taken before 
[name] ("the Examiner").
2.	The Examiner must follow these instructions:
	(a)	a transcript of the evidence must be prepared;
	(b)	evidence must be taken under oath;
	(c)	                                                         .
3.	The Witness must produce the following records:
	(a)	
	(b)	
	(c)	
4.	The letter of request in the form attached as Schedule 1 to 
this order is authorized and approved to be sent to the judicial 
authority of [name].
5.	The date, time and place of questioning of the Witness will 
be:
	DATE:	___________________________
	TIME:	___________________________
	PLACE:	___________________________
6.	The minimum notice to be given of the date for questioning 
is [hours or days].
7.	The amount of the allowance to be paid to the Witness is 
$________________, calculated as follows:
Allowance payable for each day or part of a 
day necessarily spent by you as a witness:
$
Meals
$
Accommodation
$
Transportation
$
TOTAL
$
		________________________________________
	Justice of the Court of Queen's Bench of Alberta
Form 32 
[Rules 6.31 and 6.32]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S) (Applicant(s))
DEFENDANT(S) (Respondent(s))
ADDITIONAL RESPONDENT(S)
DOCUMENT	NOTICE OF APPLICATION FOR              
		ORDER RESTRICTING COURT ACCESS
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE TO THE RESPONDENT(S):
____________________________ wishes to apply for an order 
restricting access to court proceedings or records.
You have the right to state your side of this matter before the 
master/judge.
To do so, you must be in Court when the application is heard as 
shown below:
	Date	___________________
	Time	___________________
	Where	___________________
	Before Whom	_______ a judge _____
Go to the end of this document to see what else you can do and 
when you must do it.
Remedy claimed or sought:
1.	
Grounds for making this application:
2.	
Material or evidence to be relied on:
3.	
Applicable rules:
4.	
How the application is proposed to be heard or considered:
5.	

WARNING
The information that is the subject of this application must not 
be published before the application is heard without the Court's 
permission.
If you do not come to Court either in person or by your lawyer, 
the Court may give the applicant(s) what they want in your 
absence.  You will be bound by any order that the Court makes.  
If you want to take part in this application, you or your lawyer 
must attend in Court on the date and at the time shown at the 
beginning of this form.  If you intend to rely on an affidavit or 
other evidence when the application is heard or considered, you 
must reply by giving reasonable notice of the material to the 
applicant.
A person may make an application for an order restricting 
publication only if a judge has authority to make such an order 
under an enactment or at common law.
Form 33 
[Rule 6.37]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S)
DEFENDANT(S)
DOCUMENT	NOTICE TO ADMIT FACTS 
		[WRITTEN OPINIONS]       
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE TO PARTY RECEIVING NOTICE TO ADMIT
You have received a notice to admit.
Read this document to see what you must do and when you must 
do it.
You are called on to admit for purposes of an 
application/originating application/summary trial or trial, the 
following:
1.	[List facts in relation to which an admission is sought, or 
attach any written opinion that states the facts on which the 
opinion is based]
WARNING
Each of the matters for which an admission is requested is 
presumed to be admitted, unless within 20 days of the date of 
service of the notice to admit, you serve on the party requesting 
the admission a statement:
	(a)	denying specially the facts or the opinion, or both, for 
which an admission is requested and setting out in detail 
the reasons why the facts cannot be admitted or the 
opinion cannot be admitted, as the case requires, or
	(b)	setting out an objection on the ground that some or all of 
the requested admissions are, in whole or in part, 
	(i)	privileged, or
	(ii)	irrelevant, improper or unnecessary.
A denial by you must fairly meet the substance of the requested 
admission and when only some of the facts or opinions for 
which an admission is requested are denied, the denial must 
specify the facts or opinions that are admitted and deny only the 
remainder.
You may amend or withdraw an admission or a denial made 
only with the Court's consent or by agreement of the parties.
Any admission you make is only for the specific purpose for 
which it is made and may not be used as an admission against 
you on any other occasion, or in favour of a person other than 
the person giving this notice, unless you agree otherwise.
Form 34 
[Rule 6.56]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	ORIGINATING APPLICATION FOR 
		INTERPLEADER ORDER               
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE TO THE RESPONDENT(S)
This application affects you.  You are a respondent.  
You have the right to state your side of this matter before the Court.
To do so, you must be in Court when the application is heard as 
shown below:
	Date	___________________
	Time	___________________
	Where	___________________
	Before Whom	___________________
Go to the end of this document to see what else you can do and 
when you must do it.
Basis for the application:
1.	The applicant is in possession of the following property in 
which the applicant claims no interest:  [describe property in 
sufficient detail to identify it].
Interested parties:
2.	The applicant believes the following parties do or may claim 
an interest in the property described in paragraph 1 [list 
parties and briefly describe basis of the adverse claims].
Remedy sought:
3.	An order permitting the applicant to pay the disputed 
property into Court (or to deposit the disputed property with 
[name]) and an order determining, or setting a procedure for 
determining, the rights of the adverse claimants.
Affidavit or other evidence to be used in support of this 
application:
4.	
Applicable Acts and regulations:
5.	
[and if made by way of application as opposed to originating 
application, include the following]
How the application is proposed to be heard or considered:
6.	
WARNING
You are named as respondents because you have made or are 
expected to make an adverse claim in respect of the personal 
property identified in this [originating] application.  If you do 
not come to Court either in person or by your lawyer, the Court 
may make an order declaring you, and all persons claiming 
under you, to be barred from taking any further interpleading 
proceedings against the applicant(s) and against all persons 
claiming under the applicant(s).  You will be bound by any 
order the Court makes, or another order might be given or other 
proceedings taken which the applicant(s) is/are entitled to make 
without any further notice to you.  If you want to take part in the 
application, you or your lawyer must attend in Court on the date 
and at the time shown at the beginning of this form.  If you 
intend to rely on an affidavit or other evidence when the 
[originating] application is heard or considered, you must reply 
by giving reasonable notice of that material to the applicant(s).
Form 35 
[Rule 6.59]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S)
DEFENDANT(S)
DOCUMENT	CIVIL ENFORCEMENT AGENCY  
		DIRECTIONS TO INSTRUCTING  
		CREDITOR                                   
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY PREPARING THIS DOCUMENT
TO:  [name], the instructing creditor
Regarding writ proceedings [or acting under the authority of the 
Court] regarding [name of debtor].
NOTICE TO THE INSTRUCTING CREDITOR
This direction is given to you by the civil enforcement agency 
named below.
Go to the end of this document to see what you must do.
Address for service of documents on the civil enforcement 
agency [name]:
Name and address of party or law firm and responsible lawyer 
who prepared this document (same as above or give details if 
not the same):
We have received the following claims with respect to the 
personal property under seizure pursuant to the Civil 
Enforcement Act as specified below:
1.	Claim of _________________, a copy of which is attached;
2.	Claim of _________________, a copy of which is attached;
We direct you to apply to the Court to determine the rights of 
the various claimants.
NOTICE TO THE INSTRUCTING CREDITOR
You must apply for or obtain an order determining the rights of 
the various claimants.
WARNING
If you fail to apply for or to obtain an order determining the 
rights of the various claimants, the civil enforcement agency 
may
	(a)	apply for an interpleader order, or
	(b)	release the personal property from seizure.
Form 36 
[Rule 7.5(2)]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S) (APPLICANT(S))
DEFENDANT(S) (RESPONDENT(S))
DOCUMENT	APPLICATION FOR SUMMARY TRIAL
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE TO RESPONDENT(S)
This application is made against you.  You are a respondent.
You have the right to state your side of this matter before the 
master/judge.
To do so, you must be in Court when the application is heard as 
shown below:
	Date	___________________
	Time	___________________
	Where	___________________
	Before Whom	___________________
You may also object to this application at or before the hearing of 
the application on either or both of the following grounds:
	(a)	The issue or issues related in the claim, or the claim 
generally, is not suitable for a summary trial;
	(b)	A summary trial will not facilitate resolution of the claim or 
any part of it.
Go to the end of this document to see what else you can do and 
when you must do it.
Remedy claimed or sought, including issue or issues to be 
determined (or indicate that the claim as a whole is to be 
determined):
1.	
Grounds for making this application:
2.	
Basis on which this case is appropriate for summary trial:
3.	
Material or evidence to be relied on:
4.	
Applicable rules:
5.	
Applicable Acts and regulations:
6.	
How the application is proposed to be heard or considered:
7.	
WARNING
If you do not come to Court either in person or by your lawyer, 
the Court may give the applicant(s) what they want in your 
absence.  You will be bound by any order that the Court makes.  
If you want to take part in this application, you or your lawyer 
must attend in Court on the date and at the time shown at the 
beginning of this form.  Notice of any objection to this 
application and anything on which you intend to rely in relation 
to your objection must be filed and served on the applicant 5 
days or more before the objection is scheduled to be heard.  If 
you intend to rely on an affidavit or other evidence when the 
application is heard or considered, you must reply by giving 
reasonable notice of the material to the applicant.
Form 37 
[Rule 8.4]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S)
DEFENDANT(S)
DOCUMENT	REQUEST TO SCHEDULE A  
		TRIAL DATE                          
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
Information re Plaintiff
Name of party and status:
Responsible lawyer:
Law firm:
Address of party or law firm:
Address for service:
Phone number of lawyer:
File number of lawyer:
Electronic address of lawyer:
Information re Defendant
Name of party and status:
Responsible lawyer:
Law firm:
Address of party or law firm:
Address for service:
Phone number of lawyer:
File number of lawyer:
Electronic address of lawyer:
Information required by the Court
1.	Estimated number of witnesses 
		non-expert:	_____________________
		expert:	_____________________
2.	Estimated length of trial:	_____________________
3.	Copies of the pleadings and particulars, if any, for use by the 
judge at trial are provided with this request.
4.	Order for trial by jury: a copy is provided with this request
	or
	Not applicable.
The party/parties making this request also confirm the 
following:
	5.(a)	The parties have participated in at least one of the dispute 
resolution processes described in rule 4.16(1), details of 
which are:_________ (or a copy of the order made under rule 
4.16(2), waiving the dispute resolution process requirement, 
is provided with this request).
	(b)	All expert reports have been exchanged and the process 
described in Part 5, Division 2 of the Alberta Rules of Court, 
including questioning of experts, is complete.
	(c)	All required medical examinations and reports under Part 5, 
Division 3 of the Alberta Rules of Court are complete.
	(d)	All questioning, and undertakings given by persons 
questioned, under Part 5 of the Alberta Rules of Court have 
been conducted and discharged.
	(e)	We certify that we will be ready for trial by 
____________________.
	(f)	This request is/is not for a jury trial.
	(g)	If this request is for a jury trial the deposit required under 
rule 8.3 was paid on ___________________________.
	(h)	All known amendments to pleadings have been filed and 
served.
Legal Counsel for the Plaintiff(s):
Law firm name:
Per:  ________________________________
        ________________________________
        Print Name of Lawyer Signing
Legal Counsel for the Defendant(s):
Law firm name:
Per:  ________________________________
        ________________________________
        Print Name of Lawyer Signing
Form 38 
[Rule 8.5]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S) (APPLICANT(S))
DEFENDANT(S) (RESPONDENT(S))
DOCUMENT	APPLICATION FOR COURT  
		TO SET A TRIAL DATE       
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE TO RESPONDENT(S)
This application is made against you.  You are a respondent.
You have the right to state your side of this matter before the 
master/judge.
To do so, you must be in Court when the application is heard as 
shown below:
	Date	___________________
	Time	___________________
	Where	___________________
	Before Whom	___________________
Go to the end of this document to see what else you can do and 
when you must do it.
Remedy claimed or sought:
1.	An order setting a trial date or directing the court clerk to do 
so.
Grounds for making this application:
2.	The parties have participated in at least one of the dispute 
resolution processes described in rule 4.16(1) (or an order has 
been made under rule 4.16(2) waiving the dispute resolution 
process requirement).
3.	The parties are or likely will be ready for trial by a date 
scheduled by the Court for trial of the action.
Material or evidence to be relied on:
4.	
Applicable rules:
5.	4.16 and 8.5.
Applicable Acts and regulations:
6.	
How the application is proposed to be heard or considered:
7.	
WARNING
If you do not come to Court either in person or by your lawyer, 
the Court may give the applicant(s) what they want in your 
absence.  You will be bound by any order that the Court makes.  
If you want to take part in this application, you or your lawyer 
must attend in Court on the date and at the time shown at the 
beginning of this form.  If you intend to rely on an affidavit or 
other evidence when the application is heard or considered, you 
must reply by giving reasonable notice of the material to the 
applicant.
Form 39 
[Rule 8.7]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S) 
DEFENDANT(S)
DOCUMENT	CONFIRMATION OF TRIAL DATE
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
Information re Plaintiff
Name of party and status:
Responsible lawyer:
Law firm:
Address of party or law firm:
Address for service:
Phone number of lawyer:
File number of lawyer:
Electronic address of lawyer:
Information re Defendant
Name of party and status:
Responsible lawyer:
Law firm:
Address of party or law firm:
Address for service:
Phone number of lawyer:
File number of lawyer:
Electronic address of lawyer:
We confirm to the Court on behalf of [Name and Status] that we 
are ready to proceed with the trial on the scheduled trial date of 
__________ ___, _______ and we verify/modify the estimated 
number of witnesses and the estimated length of trial as 
follows:
1.	Estimated number of witnesses 
		non-expert:	_____________________
		expert:	_____________________
2.	Estimated length of trial: 	_____________________
Legal Counsel for the Plaintiff(s):
Law firm name:
Per: ________________________________
       ________________________________
       Print Name of Lawyer Signing
Legal Counsel for the Defendant(s):
Law firm name:
Per: ________________________________
       ________________________________
       Print Name of Lawyer Signing

WARNING
If only one party confirms trial readiness, the date scheduled for 
trial remains unless the Court otherwise orders.
If no party confirms trial readiness, the date scheduled for trial 
is cancelled.
Form 40 
[Rule 8.8]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S) 
DEFENDANT(S)
DOCUMENT	NOTICE TO ATTEND AS  
		WITNESS AT TRIAL       
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE TO WITNESS
This notice requires you to attend at trial and testify.
This document explains what you must do and when you must do 
it.
NOTICE TO WITNESS:     (name of witness)   
You must attend at the date, time and place and for the period 
specified below:
	DATE:	___________________
	TIME:	___________________
	PLACE:	___________________
	PERIOD OF ATTENDANCE:  ___________________

?  You are not required to bring any records
or
?  You must also bring the following records :
	(a)	
	(b)	
An allowance that is required to be paid to you for attending as 
a witness accompanies this notice.
The allowance is calculated as follows:
Allowance payable for each day or part of a day 
necessarily spent by you as a witness:
 
$
Meals
$
Accommodation
$
Transportation
$
TOTAL
$

WARNING
If you do not attend as a witness at the trial as indicated above, 
or do not attend or remain in attendance in accordance with this 
notice, the Court may order one or more of the following:
	(a)	that you be brought immediately, or at a time specified, 
before the Court or before a person named by the Court;
	(b)	that you bring the records described in the order;
	(c)	that you be detained in custody in accordance with the 
order until your presence is no longer required;
	(d)	that you be released on a recognizance, with or without 
sureties, on a condition that you appear as directed, for a 
specified purpose;
	(e)	any other order necessary to ensure your attendance and 
the production of records ordered to be produced as 
required by the order.
Form 41 
[Rule 9.22]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S) (APPLICANT(S))
DEFENDANT(S) (RESPONDENT(S))
DOCUMENT	APPLICATION FOR AN ORDER    
		THAT A JUDGMENT [OR ORDER]  
		HAS BEEN SATISFIED                  
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE TO RESPONDENT(S)
This application is made against you.  You are a respondent.
You have the right to state your side of this matter before the 
master/judge.
To do so, you must be in Court when the application is heard as 
shown below:
	Date	___________________
	Time	___________________
	Where	___________________
	Before Whom	___________________
Go to the end of this document to see what else you can do and 
when you must do it.
Remedy claimed or sought:
1.	An order that the judgment [or order] attached/described 
below has been satisfied.
Grounds for making this application:
2.	
Material or evidence to be relied on:
3.	
Applicable rules:
4.	
Applicable Acts and regulations:
5.	
How the application is proposed to be heard or considered:
6.	
WARNING
If you do not come to Court either in person or by your lawyer, 
the Court may give the applicant(s) what they want in your 
absence.  You will be bound by any order that the Court makes.  
If you want to take part in this application, you or your lawyer 
must attend in Court on the date and at the time shown at the 
beginning of this form.  If you intend to rely on an affidavit or 
other evidence when the application is heard or considered, you 
must reply by giving reasonable notice of the material to the 
applicant.
Form 42 
[Rule 10.13]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
CLIENT(S)
LAWYER(S)
DOCUMENT	NOTICE OF APPOINTMENT FOR REVIEW 
		OF RETAINER AGREEMENT/                      
		LAWYER'S CHARGES                                
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
This appointment relates to the retainer/account agreement that is 
attached.
NOTICE OF APPOINTMENT FOR REVIEW
You have the right to state your side of this matter before the 
review officer.
To do so, you must be present when this matter is heard by the 
review officer as shown below:
	Date	___________________
	Time	___________________
	Where	___________________
Go to the end of this document to see what else you can do and 
when you must do it.
Purpose of this appointment
The purpose of this appointment is to determine the reasonableness 
of the retainer agreement/lawyer's charges reflected in the attached 
retainer agreement/account.
WARNING
If you do not attend this appointment either in person or by your 
lawyer, the review officer may give the party who requested this 
appointment what they want in your absence.  You will be 
bound by the review officer's decision.  If you want to take part 
in this appointment, you or your lawyer must attend before the 
review officer on the date and at the time as shown at the 
beginning of this form.
If you are a lawyer responding to this appointment pertaining to 
your charges or retainer agreement, you must file a copy of the 
signed account in respect of which the client seeks a review and 
any retainer agreement, whether or not you intend to rely on 
them at the appointment.  This must be done 5 days or more 
before the date of the appointment for review or any other 
period specified by the review officer, and if you do not comply 
with this rule, you forfeit your right to payment of the charges in 
the account that are the subject of review, unless the review 
officer otherwise directs.
Form 43 
[Rule 10.26]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
CLIENT(S) (APPELLANT(S))
LAWYER(S) (RESPONDENT(S))
DOCUMENT	NOTICE OF APPEAL OF           
		REVIEW OFFICER'S DECISION
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE TO RESPONDENT(S):  APPEAL HEARING
This appeal is made against an order of the review officer's 
decision that was in your favour.  You are a respondent.
The appeal will be heard as shown below:
	Date	___________________
	Time	___________________
	Where	___________________
	Before Whom	_______ a judge of the Court of  
		              Queen's Bench of Alberta
Go to the end of this document to see what else you can do and 
when you must do it.
The record filed and served with this appeal consists of the 
following:
1.	The request to the review officer for the appointment.
2.	The following materials filed by the parties in support of, 
opposed to or required for the review:
	(a)	
	(b)	
3.	Transcript of the proceedings before the review officer 
(unless the judge dispenses with this requirement).
4.	The decision of the review officer.
5.	Written argument will/will not be filed in support of this 
appeal.
WARNING
If you do not come to Court either in person or by your lawyer, 
the Court may give the appellant(s) what they want in your 
absence.  You will be bound by any order that the Court makes.  
If you want to take part in this appeal, you or your lawyer must 
attend in Court on the date and at the time shown at the 
beginning of this form.  Within 10 days of the service of this 
notice of appeal, you must file and serve on the appellant any 
written argument you wish to make.
Form 44 
[Rule 10.35(1)]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S)
DEFENDANT(S)
DOCUMENT	BILL OF COSTS
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
BILL OF COSTS PREPARED BY [NAME AND STATUS]
Fees claimed:
ITEM NO.
ITEM
AMOUNT









Disbursements:
DESCRIPTION
AMOUNT






Other Charges:
DESCRIPTION
AMOUNT






GST:
	(a)	Amount claimed on fees:	$______________
	(b)	Amount claimed on disbursements:	$______________
	(c)	Amount claimed on other charges:	$______________
TOTAL GST:	$______________
Total amount claimed:
Fees:		$___________________
Disbursements:	$___________________
Other Charges:	$___________________
GST:	$___________________
TOTAL:	$___________________
Amount allowed by assessment officer:
Fees:		$___________________
Disbursements:	$___________________
Other Charges:	$___________________
GST:	$___________________
TOTAL:	$___________________
Person responsible for preparation of this Bill of Costs:
___________________________
Signature                              
___________________________
Print Name                            
CERTIFICATE OF ASSESSMENT OFFICER:
I, ___________________, certify the following amount(s) that is 
(are) to be paid
	By Plaintiff:	$_______________________
	By Defendant:	$_______________________
to (name of party or parties to receive the costs awarded).
I also certify the following special circumstance(s) and the amount 
to be paid by each party with respect to the special circumstance(s):
Dated: ___________
Name of Assessment Officer: ____________________
A certificate in the form of an affidavit is required if goods and 
services tax is claimed as part of the bill of costs.
AFFIDAVIT of _____________________________
SWORN (OR AFFIRMED) on _____________, 20____

	I, ____________________________, whose address is 
_________________________, have personal knowledge of the 
following:
1.	The party entitled to receive payment under the bill of costs 
attached to (or endorsed on or filed with) this bill of costs, 
and not another party, will actually be paying the goods and 
services tax on that party's costs.
2.	The goods and services tax will not be passed on to, or be 
reimbursed by, any other person.
3.	The party entitled to receive payment under the bill of costs 
is not eligible for the goods and services tax input tax credit.
SWORN (OR AFFIRMED) BEFORE ME	) 
at                      , Alberta, this              day	) 
of                            , 20____.	) 
	)	    (Signature)	 
(Commissioner for Oaths	) 	   (Print Name)	 
in and for the Province of Alberta)	) 
	   )
PRINT NAME AND EXPIRY/LAWYER 
/STUDENT-AT-LAW
Form 45 
[Rule 10.37]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S)
DEFENDANT(S)
DOCUMENT	APPOINTMENT FOR          
		ASSESSMENT OF COSTS
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
This appointment relates to the bill of costs that is attached.
or
This appointment relates to a bill of costs that has been requested 
by the party filing this appointment.
NOTICE OF APPOINTMENT FOR REVIEW
You have the right to state your side of this matter before the 
assessment officer.
To do so, you must be present when this matter is heard by the 
assessment officer as shown below:
	Date	___________________
	Time	___________________
	Where	___________________
Go to the end of this document to see what else you can do and 
when you must do it.
This appointment is to assess the attached bill of costs.
The assessment officer has set an appointment to assess the 
attached bill of costs on _________________, 20__.
WARNING
If you do not attend this appointment either in person or by your 
lawyer, the assessment officer may give the party who took out 
this appointment what the party wants in your absence.  You 
will be bound by the assessment officer's decision.  If you want 
to take part in this appointment, you or your lawyer must attend 
before the assessment officer on the date and at the time as 
shown at the beginning of this form.
If you have been requested by this appointment to prepare a 
proposed bill of costs, you must do so as soon as practical and 
file it and serve it on each of the other parties 10 days or more 
before the appointment for assessment.
Form 46 
[Rule 10.44]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S) (APPELLANT)
DEFENDANT(S) (RESPONDENT)
DOCUMENT	NOTICE OF APPEAL OF ASSESSMENT 
		OFFICER'S DECISION                             
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE TO RESPONDENT(S):  APPEAL HEARING
This appeal is made against an order of the assessment officer's 
decision that was in your favour.  You are a respondent.
The appeal will be heard as shown below:
	Date	___________________
	Time	___________________
	Where	___________________
	Before Whom	_______ a judge of the Court of  
		              Queen's Bench of Alberta
Go to the end of this document to see what else you can do and 
when you must do it.
Record filed and served with this appeal consists of the 
following:
1.	The request to the assessment officer for the appointment.
2.	The following materials filed by the parties in support of, 
opposed to or required for the review:
	(a)	
	(b)	
3.	Transcript of the proceedings before the assessment officer 
(unless the judge dispenses with this requirement).
4.	The decision of the assessment officer.
5.	Written argument will/will not be filed in support of this 
appeal.
WARNING
If you do not come to Court either in person or by your lawyer, 
the Court may give the appellant(s) what they want in your 
absence.  You will be bound by any order that the Court makes.  
If you want to take part in this appeal, you or your lawyer must 
attend in Court on the date and at the time shown at the 
beginning of this form.  Within 10 days of the service of this 
notice of appeal, you must file and serve on the appellant any 
written argument you wish to make.
Form 47 
[Rule 10.51]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S)
DEFENDANT(S)
DOCUMENT	ORDER TO APPEAR
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
DATE ON WHICH ORDER WAS PRONOUNCED: 
 
NAME OF MASTER/JUDGE WHO MADE THIS ORDER:
?	[Name] is ordered to appear before this Court at              on 
                          .
	OR
?	A warrant shall issue in the form attached as Schedule "A" 
and a Peace Officer shall take into custody [name] and bring 
that person before the Court to show why that person should 
not be declared to be in civil contempt of Court.
		_________________________________________
	Justice of the Court of Queen's Bench of Alberta
SCHEDULE "A"
	ACTION NO.______________________
IN THE COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE OF ____________________
WARRANT FOR ARREST
TO THE PEACE OFFICERS IN ALBERTA:
This warrant is issued for the arrest of    (Name of person to be 
arrested)    of    (Address)       (Postal Code)    
Date of Birth:       (yyy/mm/dd)                               (Occupation)   
WHEREAS there are reasonable and probable grounds to believe 
that    (name of person to be arrested)    should be brought before 
this Court to show cause why that person should not be declared to 
be in civil contempt of Court.  This therefore is to command you, in 
Her Majesty's name, forthwith to arrest and detain    (name of 
person to be arrested)    and to bring that person before a Justice of 
the Court of Queen's Bench of Alberta to be dealt with according 
to law.  This warrant is sufficient authority for the keeper of a 
correctional institution to receive and detain    (name of person to 
be arrested   ) into custody and to safely keep that person pending 
appearance before a Justice of the Court of Queen's Bench of 
Alberta.  
DATED _____________, 20______, 
at _______________, Alberta.
		_____________________________
	Justice, Master or Clerk of the Court
	of Queen's Bench of Alberta            
Form 48 
[Rule 11.24]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S)
DEFENDANT(S)
ENCUMBRANCER (OR TENANT, 
OFFERER OR TENDERER)
DOCUMENT	NOTICE OF ADDRESS FOR                 
		SERVICE IN FORECLOSURE ACTION
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
The Encumbrancer [or Tenant, Offeror, Tenderer, Defendant noted 
in default] notifies the Plaintiff that the following is the address for 
service of this party in Alberta:
	[Name of party to be served]
	[Address for service in Alberta including postal code]
NOTE:	If the address for service does not include a street 
address, a full legal description must be included.
Form 49 
[Rule 13.19]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S)
DEFENDANT(S)
DOCUMENT	AFFIDAVIT
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
AFFIDAVIT OF _________________________________ 
 
Sworn (or Affirmed) on ________________________, 20__
I, _________________________, of Alberta, SWEAR/AFFIRM 
AND SAY THAT:
1.	
2.	
3.	
SWORN (OR AFFIRMED) BEFORE ME	) 
at                      , Alberta, this              day	) 
of                            , 20____.	) 
	)	    (Signature)	 
(Commissioner for Oaths	) 	   (Print Name)	 
in and for the Province of Alberta)	) 
	   )
PRINT NAME AND EXPIRY/LAWYER 
/STUDENT-AT-LAW
This is exhibit __ referred to in the affidavit of ___________sworn 
before me on _________, 20______.
__________________________________
A Commissioner of Oaths for  
the Province of Alberta
___________________________________
PRINT NAME AND EXPIRY/LAWYER 
/STUDENT-AT-LAW
Form 50 
[Rule 13.49]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S)
DEFENDANT(S)
DOCUMENT	MONEY PAID INTO COURT
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE TO COURT CLERK
You have received money paid into Court.
Go to the end of this document to see what you must do.
$________________________ is paid into Court in the following 
circumstances (specify the rule, enactment, judgment or order, or 
permission of the court clerk, that requires or authorizes you to pay 
this money into Court):
NOTICE TO COURT CLERK
You must give a receipt for the money paid into Court and, 
unless otherwise ordered, deposit the money in an account in a 
bank or treasury branch.
Division 2 
Family Law Forms 
Forms for Part 12

Rule #
Form #



Statement of Claim for Divorce
12.7
FL-1
Statement of Claim for Division of 
    Matrimonial Property
12.8
FL-2
Statement of Claim for Divorce and Division 
    of Matrimonial Property
12.9
FL-3
Statement of Defence
12.11(1)
FL-4
Counterclaim for Divorce
12.11(3)
FL-5
Counterclaim for Division of Matrimonial 
    Property
12.11(3)
FL-6
Counterclaim for Divorce and Division of 
    Matrimonial Property
12.11(3)
FL-7
Joint Statement of Claim for Divorce
12.13(1)
FL-8
Notice of Withdrawal-Joint Divorce 
    Proceedings
12.13(3)
FL-9
Claim
12.16
FL-10
Response
12.18
FL-11
Certificate of Lawyer
12.24
FL-12
Queen's Bench Protection Order 
    Questionnaire
12.31
FL-13
Restraining Order Questionnaire
12.33(2)
FL-14
Notice to Produce an Affidavit of Records
12.38(2)
FL-15
Notice to Reply to Written Interrogatories / 
    Application
12.40(2)
FL-16
Notice to Disclose/Application
12.41(3)
FL-17
Family Application
12.44(1)(a)
FL-18
Provisional Order Information Form
12.46(1)
FL-19
Notice of Confirmation Hearing
12.47(1)(a)
FL-20
Request for Divorce (without oral evidence)
12.50(3)
FL-21
Joint Request for Divorce (without oral 
    evidence)
12.50(3)
FL-22
Affidavit of Applicant
12.50(3)
FL-23
Affidavit of Applicants (Joint)
12.50(3)
FL-24
Divorce Judgment (without oral evidence)
12.53(a)
FL-25
Divorce Judgment and Corollary Relief Order 
    (without oral evidence)
12.53(b)
FL-26
Corollary Relief Order
12.53(c)
FL-27
Variation Order
12.53(d)
FL-28
Order for Exclusive Possession of 
    Matrimonial/Primary Home
12.53(e)
FL-29
Restraining Order Without Notice
12.53(f)
FL-30
Restraining Order
12.53(g)
FL-31
Certificate of Divorce
12.54(2)
FL-32
Notice of Appeal - Provincial Court Order 
    (Family Law Act)
12.61(1)(a)
FL-33
Statements
12.16(2)
FL-34 
to 56
Reply Statements	
12.18(2)
FL-57 
to 78
Update Statement
12.22(2)
FL-79
Form FL-1 
[Rule 12.7]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF
DEFENDANT
DOCUMENT	STATEMENT OF CLAIM FOR  
	DIVORCE                                
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE TO DEFENDANT
You are being sued.  You are the Defendant.
Go to the end of this document to see what you can do and when 
you must do it.
THE PARTIES
1(1)(a)	The date of the marriage was:
	(b)	The place of the marriage was:
(2)(a)		The parties started to cohabit on: 
	(b)	The parties ceased cohabiting on:
(3)	Particulars respecting the Plaintiff:
	Address:
	Date of birth:
	Place of birth:
	Surname at birth:
	Surname at the time of marriage:
	Marital status at the time of marriage:
(4)	Particulars respecting the Defendant:
	Address:
	Date of birth:
	Place of birth:
	Surname at birth:
	Surname at the time of marriage:
	Marital status at the time of marriage:
RESIDENCE
2.	The Plaintiff (or the Defendant) has been ordinarily resident 
in the Province of Alberta for at least one year immediately 
preceding the date of this Statement of Claim.
GROUNDS
3.	The Plaintiff is seeking a divorce on the grounds of the 
breakdown of the marriage by reason of: (choose those which 
apply)
	?	The parties are now separated and will have been 
separated for at least one (1) year at the determination 
of the divorce proceeding;
	?	The Defendant has, since the celebration of the 
marriage, committed adultery;
	?	The Defendant has, since the celebration of the 
marriage, treated the Plaintiff with physical or mental 
cruelty of such a kind as to render intolerable the 
continued cohabitation of the spouses.
RECONCILIATION
4.	There is no possibility of reconciliation.
BARS TO DIVORCE
5(1)	There has been no collusion in relation to this divorce action.
(2)	The Plaintiff has not connived at or condoned the grounds 
complained of prior to bringing this divorce action.  (use only 
if the grounds are under paragraph 8(2)(b) of the Divorce 
Act (Canada))
CHILDREN
6(1)	The particulars of each child of the marriage (which includes 
a child of one spouse to whom the other spouse stands in the 
place of a parent) are as follows:
(List all dependent children involved in this proceeding, even if no 
claims are being made in relation to those children.)
______________________, born _______________________; and
______________________, born __________________________
(2)	The Plaintiff proposes custody for each child as follows:
(3)	The Plaintiff proposes access or parenting arrangements for 
each child as follows:
(4)	The Plaintiff proposes financial arrangements for each child 
as follows:
AGREEMENTS
7.	The parties have made an agreement regarding the custody, 
access, parenting arrangements or support of the children or 
support of each other, as follows: 
(provide date and summarize details of agreement)
COURT PROCEEDINGS
8.	The details of any other court proceeding in regard to the 
marriage, custody, access, parenting arrangements and 
support of the children or support of the parties are as 
follows:
SPOUSAL SUPPORT
9.	The Plaintiff is claiming spousal support from the Defendant 
for the following reasons:
OR
9.	The Plaintiff is not claiming spousal support from the 
Defendant.
OR
9.	The Plaintiff proposes spousal support for the Defendant as 
follows, for the following reasons:
REMEDY SOUGHT
10.	The Plaintiff makes the following claims: (choose those 
which apply)
	?	divorce judgment;
	?	custody as proposed above;
	?	access or parenting arrangements as proposed above;
	?	child support as proposed above;
	?	retroactive child support;
	?	support for the Plaintiff;
	?	support for the Defendant;
	?	retroactive spousal support;
	?	a restraining order;
	?	other relief; (specify any other relief being sought)
	?	costs.
Statement of Solicitor
(where Plaintiff has a lawyer)                   
	I, ___________________, the solicitor for the Plaintiff, 
certify to the Court that I have complied with the 
requirements of section 9 of the Divorce Act (Canada).
	DATED at _______________, Alberta, this              day of 
__________, 20____.
		                                           
	Solicitor for the Plaintiff
NOTICE TO THE DEFENDANT
You only have a short time to do something to defend yourself 
against this claim:
20 days if you are served in Alberta
1 month if you are served outside Alberta but in Canada
2 months if you are served outside Canada
You can respond by filing a Statement of Defence or a Demand 
for Notice in the office of the clerk of the Court of Queen's 
Bench at ____________________, Alberta, AND serving your 
Statement of Defence or Demand for Notice on the Plaintiff's 
address for service.
WARNING
If you do not file and serve a Statement of Defence or a Demand 
for Notice within the time period, you risk losing the ability to 
have your side heard in the lawsuit.  If you do not file, or do not 
serve, or are late in doing either of these things, a court may 
grant a Divorce Judgment and other relief to the Plaintiff.  In 
addition, if you do not file and serve a Statement of Defence or 
a Demand for Notice within the time period, you will not be 
entitled to receive notice of any further proceedings in this 
action.
Form FL-2 
[Rule 12.8]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF
DEFENDANT
DOCUMENT	STATEMENT OF CLAIM FOR DIVISION
	OF MATRIMONIAL PROPERTY             
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE TO DEFENDANT:
You are being sued.  You are a Defendant.
Go to the end of this document to see what you can do and when 
you must do it.
1.	The parties are spouses.  They were married at    (city, 
province and country , if outside Canada)   , on the ______ 
day of ________________, ____.
REQUIREMENTS FOR APPLICATION
2.	Choose that which applies:
	?	The parties are habitually resident in Alberta.
	?	The last joint habitual residence of the parties was in 
Alberta.
	?	The habitual residence of the parties at the date of 
marriage was Alberta, and the parties have not since 
the marriage established a joint habitual residence.
	?	One spouse resides in Alberta and the other spouse is 
deceased.
3.	The parties separated on the __ day of ______________, ___, 
and have lived separate and apart since that date.  
OR
3.	The parties have not lived separate and apart for one year, but 
the following circumstances apply:
(List applicable conditions precedent - see sections 5 and 6 of the 
Matrimonial Property Act.)
PROPERTY
4.	During the marriage, the parties acquired property in their 
names, either jointly or separately.  The particulars of all 
property will be set out in the matrimonial property 
statements to be filed in accordance with the Matrimonial 
Property Act of Alberta.
AGREEMENTS
5.	The parties have made an agreement regarding the 
matrimonial property as follows:
EXEMPTIONS
6.	The Plaintiff claims the following exemptions for the reasons 
indicated:
DIVISION OF PROPERTY
7.	The Plaintiff claims an equal division of the matrimonial 
property. 
OR
7.	The Plaintiff claims an unequal division of the matrimonial 
property in favour of the Plaintiff for the following reasons:
(In a case where the Plaintiff wishes to combine a claim for 
division of matrimonial property with a claim for unjust 
enrichment, add the following clause.)
UNJUST ENRICHMENT CLAIM
8.	The Plaintiff is making a claim of unjust enrichment, the 
particulars of which are as follows:

REMEDY SOUGHT IN THE MATRIMONIAL PROPERTY ACTION
9.	The Plaintiff makes the following claims in the matrimonial 
property action:  (choose those which apply)
	?	an order for the equal distribution of all of the 
property acquired by the Plaintiff and Defendant, 
either jointly or separately;
	?	an order for the unequal distribution of all property 
acquired by the Plaintiff and Defendant, as claimed 
above;
	?	an order declaring certain property exempt from 
distribution as claimed above;
	?	an order for the allocation of the following specific 
property to the parties:
	?	a matrimonial home exclusive possession order;
	?	occupation rent;
	?	a preservation order;
	?	other relief; (specify any other relief being sought)
	?	costs of this action.
REMEDY SOUGHT IN THE ACTION FOR UNJUST ENRICHMENT 
(if applicable)
10.	The Plaintiff makes the following claims in the action for 
unjust enrichment:  (list all remedies being sought)
NOTICE TO THE DEFENDANT
You only have a short time to do something to defend yourself 
against this claim:
20 days if you are served in Alberta
1 month if you are served outside Alberta but in Canada
2 months if you are served outside Canada
You can respond by filing a Statement of Defence or a Demand 
for Notice in the office of the clerk of the Court of Queen's 
Bench at ____________________, Alberta, AND serving your 
Statement of Defence or Demand for Notice on the Plaintiff's 
address for service.
WARNING
If you do not file and serve a Statement of Defence or a Demand 
for Notice within the time period, you risk losing the ability to 
have your side heard in the lawsuit.  If you do not file, or do not 
serve, or are late in doing either of these things, a court may 
grant a Divorce Judgment and other relief to the Plaintiff.  In 
addition, if you do not file and serve a Statement of Defence or 
a Demand for Notice within the time period, you will not be 
entitled to receive notice of any further proceedings in this 
action.
Form FL-3 
[Rule 12.9]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF
DEFENDANT
DOCUMENT	STATEMENT OF CLAIM FOR 
	DIVORCE AND DIVISION OF  
	MATRIMONIAL PROPERTY   
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE TO DEFENDANT:
You are being sued.  You are the Defendant.
Go to the end of this document to see what you can do and when 
you must do it.

THE PARTIES
1(1)(a)	The date of the marriage was: 
	(b)	The place of the marriage was:  
(2)(a)		The parties started to cohabit on: 
	(b)	The parties ceased cohabiting on:
(3)	Particulars respecting the Plaintiff:
	Address:
	Date of birth:
	Place of birth:
	Surname at birth:
	Surname at the time of marriage:
	Marital status at the time of marriage:
(4)	Particulars respecting the Defendant:
	Address:
	Date of birth:
	Place of birth:
	Surname at birth:
	Surname at the time of marriage:
	Marital status at the time of marriage:
RESIDENCE
2.	The Plaintiff (or the Defendant) has been ordinarily resident 
in the Province of Alberta for at least one year immediately 
preceding the date of this Statement of Claim.
GROUNDS
3.	The Plaintiff is seeking a divorce on the grounds of the 
breakdown of the marriage by reason of:  (choose those 
which apply)
	?	the parties are now separated and will have been 
separated for at least one (1) year at the determination 
of the divorce proceeding;
	?	the Defendant has, since the celebration of the 
marriage, committed adultery;
	?	the Defendant has, since the celebration of the 
marriage, treated the Plaintiff with physical or mental 
cruelty of such a kind as to render intolerable the 
continued cohabitation of the spouses.
RECONCILIATION
4.	There is no possibility of reconciliation.
BARS TO DIVORCE
5(1)	There has been no collusion in relation to this divorce action.
(2)	The Plaintiff has not connived at or condoned the grounds 
complained of prior to bringing this divorce action.  (use only 
if the grounds are under paragraph 8(2)(b) of the Divorce 
Act (Canada))
CHILDREN
6(1)	The particulars of each child of the marriage (which includes 
a child of one spouse to whom the other spouse stands in the 
place of a parent) are as follows:
(List all dependent children involved in this proceeding, even if no 
claims are being made in relation to those children.)
________________________, born _____________________; and
________________________, born ________________________ 
(2)	The Plaintiff proposes custody for each child as follows:
(3)	The Plaintiff proposes access or parenting arrangements for 
each child as follows:
(4)	The Plaintiff proposes financial arrangements for each child 
as follows:
AGREEMENTS
7.	The parties have made an agreement regarding the custody, 
access, parenting arrangements or support of the children or 
support of each other, as follows: 
(provide date of agreement and summarize details)
COURT PROCEEDINGS
8.	The details of any other court proceeding in regard to the 
marriage, custody, access, parenting arrangements and 
support of the children or the parties are as follows:
SPOUSAL SUPPORT
9.	The Plaintiff is claiming spousal support from the Defendant 
for the following reasons:
OR
9.	The Plaintiff is not claiming spousal support from the 
Defendant.
OR
9.	The Plaintiff proposes spousal support for the Defendant as 
follows, for the following reasons:
MATRIMONIAL PROPERTY CLAIM
REQUIREMENTS FOR APPLICATION
10.	Choose that which applies:
	?	The parties are habitually resident in Alberta.
	?	The last joint habitual residence of the parties was in 
Alberta.
	?	The habitual residence of the parties at the date of 
marriage was Alberta, and the parties have not since 
the marriage established a joint habitual residence.
	?	One spouse resides in Alberta and the other spouse is 
deceased.
PROPERTY
11.	During the marriage, the parties acquired property in their 
names, either jointly or separately.  The particulars of all 
property will be set out in the matrimonial property 
statements to be filed in accordance with the Matrimonial 
Property Act of Alberta.
AGREEMENTS
12.	The parties have made an agreement regarding the 
matrimonial property as follows:
EXEMPTIONS
13.	The Plaintiff claims the following exemptions for the reasons 
indicated:
DIVISION OF PROPERTY
14.	The Plaintiff claims an equal division of the matrimonial 
property. 
OR
14.	The Plaintiff claims an unequal division of the matrimonial 
property in favour of the Plaintiff for the following reasons:
(In a case where the Plaintiff wishes to combine a claim for 
division of matrimonial property with a claim for unjust 
enrichment, add the following clause)
UNJUST ENRICHMENT CLAIM
15.	The Plaintiff is making a claim of unjust enrichment, the 
particulars of which are as follows:
REMEDY SOUGHT IN THE DIVORCE 
16.	The Plaintiff makes the following claims (choose those 
which apply):
	?	divorce judgment;
	?	custody as proposed above;
	?	access or parenting arrangements as proposed above;
	?	child support as proposed above;
	?	retroactive child support;
	?	support for the Plaintiff;
	?	support for the Defendant;
	?	retroactive spousal support;
	?	a restraining order;
	?	other relief; (specify any other relief being sought)
	?	costs.
REMEDY SOUGHT IN THE MATRIMONIAL PROPERTY ACTION
17.	The Plaintiff makes the following claims in the matrimonial 
property action:  (choose those which apply)
	?	an order for the equal distribution of all of the 
property acquired by the Plaintiff and Defendant, 
either jointly or separately;
	?	an order for the unequal distribution of all property 
acquired by the Plaintiff and Defendant, as claimed 
above;
	?	an order declaring certain property exempt from 
distribution as claimed above;
	?	an order for the allocation of the following specific 
property to the parties:
	?	a matrimonial home exclusive possession order;
	?	occupation rent;
	?	a preservation order;
	?	other relief; (specify any other relief being sought)
	?	costs of this action.
REMEDY SOUGHT IN THE ACTION FOR UNJUST ENRICHMENT 
(if applicable)
18.	The Plaintiff makes the following claims in the action for 
unjust enrichment:  (list all remedies being sought)
	
Statement of Solicitor
(where Plaintiff has a lawyer)                    
    I, ___________________, the solicitor for the Plaintiff, certify to 
the Court that I have complied with the requirements of section 9 of 
the Divorce Act (Canada).
	DATED at _______________, Alberta, this              day of 
__________, 20____.
	                                        
	Solicitor for the Plaintiff
NOTICE TO THE DEFENDANT
You only have a short time to do something to defend yourself 
against this claim:
20 days if you are served in Alberta
1 month if you are served outside Alberta but in Canada
2 months if you are served outside Canada
You can respond by filing a Statement of Defence or a Demand 
for Notice in the office of the clerk of the Court of Queen's 
Bench at ____________________, Alberta, AND serving your 
Statement of Defence or Demand for Notice on the Plaintiff's 
address for service.
WARNING
If you do not file and serve a Statement of Defence or a Demand 
for Notice within the time period, you risk losing the ability to 
have your side heard in the lawsuit.  If you do not file, or do not 
serve, or are late in doing either of these things, a court may 
grant a Divorce Judgment and other relief to the Plaintiff.  In 
addition, if you do not file and serve a Statement of Defence or 
a Demand for Notice within the time period, you will not be 
entitled to receive notice of any further proceedings in this 
action.
Form FL-4 
[Rule 12.11(1)]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF
DEFENDANT
DOCUMENT	STATEMENT OF DEFENCE
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
[This form may be used in response to a Statement of Claim for 
Divorce, a Statement of Claim for Divorce and Division of 
Matrimonial Property (with or without an additional claim for 
unjust enrichment), or a Statement of Claim for Division of 
Matrimonial Property, or in response to a Counterclaim to any of 
these.]
[Choose those which apply and provide details.  If you intend to 
file a Counterclaim with your Statement of Defence, use Form FL-5 
for that purpose.]
1.	I am  
	?	the Defendant
	?	the Defendant by Counterclaim
2.	In respect of the divorce action:
	(a)	I agree to the following relief sought by the 
Plaintiff/Plaintiff by Counterclaim:
	(b)	I contest the following part or parts of the Statement 
of Claim or Counterclaim:
	(c)	The reasons for contesting the Statement of Claim or 
Counterclaim are as follows:
3.	In respect of the matrimonial property action:
	(a)	I agree to the following relief sought by the 
Plaintiff/Plaintiff by Counterclaim:
	(b)	I contest the following part or parts of the Statement 
of Claim or Counterclaim:
	(c)	The reasons for contesting the Statement of Claim or 
Counterclaim are as follows:
4.	In respect of the action for unjust enrichment:
	(a)	I agree to the following relief sought by the 
Plaintiff/Plaintiff by Counterclaim:
	(b)	I contest the following part or parts of the Statement 
of Claim or Counterclaim:
	(c)	The reasons for contesting the Statement of Claim or 
Counterclaim are as follows:
Form FL-5 
[Rule 12.11(3)(a)]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF 
(DEFENDANT BY COUNTERCLAIM)
DEFENDANT 
(PLAINTIFF BY COUNTERCLAIM)
DOCUMENT	COUNTERCLAIM FOR DIVORCE
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE TO PLAINTIFF
You are being sued.  You are the Defendant by Counterclaim.
Go to the end of this document to see what you can do and when 
you must do it.
[This form must be filed with a Statement of Defence (Form FL-4) 
or a Demand for Notice (Form 13) and may be used in response to 
a Statement of Claim for Divorce, a Statement of Claim for Divorce 
and Division of Matrimonial Property (with or without an 
additional claim for unjust enrichment), or a Statement of Claim 
for Division of Matrimonial Property.]
THE PARTIES
1(1)(a)	The date of the marriage was: 
	(b)	The place of the marriage was:  
(2)(a)		The parties started to cohabit on: 
	(b)	The parties ceased cohabiting on:
(3)	Particulars respecting the Defendant:
	Address:
	Date of birth:
	Place of birth:
	Surname at birth:
	Surname at the time of marriage:
	Marital status at the time of marriage:
(4)	Particulars respecting the Plaintiff:
	Address:
	Date of birth:
	Place of birth:
	Surname at birth:
	Surname at the time of marriage:
	Marital status at the time of marriage:
RESIDENCE
2.	The Plaintiff or the Defendant has been ordinarily resident in 
the Province of Alberta for at least one year immediately 
preceding the date of this Counterclaim.
GROUNDS
3.	The Defendant is seeking a divorce on the grounds of the 
breakdown of the marriage by reason of:  (choose those 
which apply)
	?	the parties are now separated and will have been 
separated for at least one (1) year at the determination 
of the divorce proceeding;
	?	the Plaintiff has, since the celebration of the 
marriage, committed adultery;
	?	the Plaintiff has, since the celebration of the 
marriage, treated the Defendant with physical or 
mental cruelty of such a kind as to render intolerable 
the continued cohabitation of the spouses.
RECONCILIATION
4.	There is no possibility of reconciliation.
BARS TO DIVORCE
5(1)	There has been no collusion in relation to this divorce action.
(2)	The Defendant has not connived at or condoned the grounds 
complained of prior to bringing this divorce action.  (use only 
if the grounds are under paragraph 8(2)(b) of the Divorce 
Act, (Canada))
CHILDREN
6(1)	The particulars of each child of the marriage (which includes 
a child of one spouse to whom the other spouse stands in the 
place of a parent) are as follows:
(List all dependent children involved in this proceeding, even if no 
claims are being made in relation to those children.)
________________________, born _____________________; and
________________________, born _________________________ 
(2)	The Defendant proposes custody for each child as follows:
(3)	The Defendant proposes access or parenting arrangements for 
each child as follows:
(4)	The Defendant proposes financial arrangements for each 
child as follows:
AGREEMENTS
7.	The parties have made an agreement regarding the custody, 
access, parenting arrangements or support of the children or 
support of each other, as follows:
	(provide date of agreement and summarize details)
COURT PROCEEDINGS
8.	The details of any other court proceeding in regard to the 
marriage, custody, access, parenting arrangements and 
support of the children or support of the parties are as 
follows:
SPOUSAL SUPPORT
9.	The Defendant is claiming spousal support from the Plaintiff 
for the following reasons:
OR
9.	The Defendant is not claiming spousal support from the 
Plaintiff.
OR
9.	The Defendant proposes spousal support for the Plaintiff as 
follows, for the following reasons:
REMEDY SOUGHT 
10.	The Defendant makes the following claims:  (choose those 
which apply)
	?	divorce judgment;
	?	custody as proposed above;
	?	access or parenting arrangements as proposed above;
	?	child support as proposed above;
	?	retroactive child support;
	?	support for the Defendant;
	?	support for the Plaintiff;
	?	retroactive spousal support;
	?	a restraining order;
	?	other relief; (specify any other relief being sought)
	?	costs.
______________________________________________________
Statement of Solicitor
(where Defendant has a lawyer)                   
	I, ___________________, the solicitor for the Defendant, 
certify to the Court that I have complied with the 
requirements of section 9 of the Divorce Act (Canada).
	DATED at _______________, Alberta, this              day of 
__________, 20____.
		______________________
	Solicitor for the Defendant
NOTICE TO THE PLAINTIFF
You only have a short time to do something to defend yourself 
against this claim:
20 days if you are served in Alberta
1 month if you are served outside Alberta but in Canada
2 months if you are served outside Canada
You can respond by filing a Statement of Defence or a Demand 
for Notice in the office of the clerk of the Court of Queen's 
Bench at ____________________, Alberta, AND serving your 
Statement of Defence or a Demand for Notice on the 
Defendant's address for service.
WARNING
If you do not file and serve a Statement of Defence or a Demand 
for Notice within the time period, you risk losing the ability to 
have your side heard in the lawsuit.  If you do not file, or do not 
serve, or are late in doing either of these things, a court may 
grant a Divorce Judgment and other relief to the Defendant in 
the Counterclaim.
Form FL-6 
[Rule 12.11(3)(b)]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF 
(DEFENDANT BY COUNTERCLAIM)
DEFENDANT 
(PLAINTIFF BY COUNTERCLAIM)
DOCUMENT	COUNTERCLAIM FOR DIVISION 
		OF MATRIMONIAL PROPERTY  
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE TO PLAINTIFF
You are being sued.  You are a Defendant by Counterclaim.
Go to the end of this document to see what you can do and when 
you must do it.
[This form must be filed with a Statement of Defence (Form FL-4) 
or a Demand for Notice (Form 13) and may be used in response to 
a Statement of Claim for Divorce, a Statement of Claim for Divorce 
and Division of Matrimonial Property (with or without an 
additional claim for unjust enrichment), or a Statement of Claim 
for Division of Matrimonial Property.]
1.	The parties are spouses.  They were married at    (city, 
province and country, if outside Canada)   , on the _____ day 
of ________________, ____.
REQUIREMENTS FOR APPLICATION
2.	Choose that which applies:
	?	The parties are habitually resident in Alberta.
	?	The last joint habitual residence of the parties was in 
Alberta.
	?	The habitual residence of the parties at the date of 
marriage was Alberta, and the parties have not since 
the marriage established a joint habitual residence.
	?	One spouse resides in Alberta and the other spouse is 
deceased.
3.	The parties separated on the __ day of ______________, ___, 
and have lived separate and apart since that date.  
OR
3.	The parties have not lived separate and apart for one year, but 
the following circumstances apply:
(List applicable conditions precedent - see sections 5 and 6 of the 
Matrimonial Property Act.)
PROPERTY
4.	During the marriage, the parties acquired property in their 
names, either jointly or separately.  The particulars of all 
property will be set out in the matrimonial property 
statements to be filed in accordance with the Matrimonial 
Property Act.
AGREEMENTS
5.	The parties have made an agreement regarding the 
matrimonial property as follows:
EXEMPTIONS
6.	The Defendant claims the following exemptions for the 
reasons indicated:
DIVISION OF PROPERTY
7.	The Defendant claims an equal division of the matrimonial 
property. 
OR
7.	The Defendant claims an unequal division of the matrimonial 
property in favour of the Defendant for the following 
reasons:
(In a case where the Defendant wishes to combine a claim for 
division of matrimonial property with a claim for unjust 
enrichment, add the following clause)
UNJUST ENRICHMENT CLAIM
8.	The Defendant is making a claim of unjust enrichment, the 
particulars of which are as follows:
REMEDY SOUGHT IN THE MATRIMONIAL PROPERTY ACTION
9.	The Defendant makes the following claims in the 
matrimonial property action: (choose those which apply)
	?	an order for the equal distribution of all of the 
property acquired by the Plaintiff and Defendant, 
either jointly or separately;
	?	an order for the unequal distribution of all property 
acquired by the Plaintiff and Defendant, as claimed 
above;
	?	an order declaring certain property exempt from 
distribution as claimed above;
	?	an order for the allocation of the following specific 
property to the parties:
	?	a matrimonial home exclusive possession order;
	?	occupation rent;
	?	a preservation order;
	?	other relief; (specify any other relief being sought)
	?	costs of this action.
REMEDY SOUGHT IN THE ACTION FOR UNJUST ENRICHMENT 
(if applicable)
10.	The Defendant makes the following claims in the action for 
unjust enrichment: (list all remedies being sought)

NOTICE TO THE PLAINTIFF
You only have a short time to do something to defend yourself 
against this claim:
20 days if you are served in Alberta
1 month if you are served outside Alberta but in Canada
2 months if you are served outside Canada
You can respond by filing a Statement of Defence or a Demand 
for Notice in the office of the clerk of the Court of Queen's 
Bench at ____________________, Alberta, AND serving your 
Statement of Defence or Demand for Notice on the Defendant's 
address for service.
WARNING
If you do not file and serve a Statement of Defence or a Demand 
for Notice within the time period, you risk losing the ability to 
have your side heard in the lawsuit.  If you do not file, or do not 
serve, or are late in doing either of these things, a court may 
grant relief to the Defendant in the Counterclaim.
Form FL-7 
[Rule 12.11(3)(c)]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF 
(DEFENDANT BY COUNTERCLAIM)
DEFENDANT 
(PLAINTIFF BY COUNTERCLAIM)
DOCUMENT	COUNTERCLAIM FOR DIVORCE AND     	
	DIVISION OF MATRIMONIAL PROPERTY
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE TO PLAINTIFF
You are being sued.  You are the Defendant by Counterclaim.
Go to the end of this document to see what you can do and when 
you must do it.
[This form must be filed with a Statement of Defence (Form FL-4) 
or a Demand for Notice (Form 13) and may be used in response to 
a Statement of Claim for Divorce, a Statement of Claim for Divorce 
and Division of Matrimonial Property (with or without an 
additional claim for unjust enrichment), or a Statement of Claim 
for Division of Matrimonial Property.]
THE PARTIES
1(1)(a)	The date of the marriage was:
	(b)	The place of the marriage was:  
(2)(a)		The parties started to cohabit on: 
	(b)	The parties ceased cohabiting on:
(3)	Particulars respecting the Defendant:
	Address:
	Date of birth:
	Place of birth:
	Surname at birth:
	Surname at the time of marriage:
	Marital status at the time of marriage:
(4)	Particulars respecting the Plaintiff:
	Address:
	Date of birth:
	Place of birth:
	Surname at birth:
	Surname at the time of marriage:
	Marital status at the time of marriage:
RESIDENCE
2.	The Plaintiff (or the Defendant) has been ordinarily resident 
in the Province of Alberta for at least one year immediately 
preceding the date of this Counterclaim.
GROUNDS
3.	The Defendant is seeking a divorce on the grounds of the 
breakdown of the marriage by reason of (choose those which 
apply):
	?	the parties are now separated and will have been 
separated for at least one (1) year at the determination 
of the divorce proceeding;
	?	the Plaintiff has, since the celebration of the 
marriage, committed adultery;
	?	the Plaintiff has, since the celebration of the 
marriage, treated the Defendant with physical or 
mental cruelty of such a kind as to render intolerable 
the continued cohabitation of the spouses.
RECONCILIATION
4.	There is no possibility of reconciliation.
BARS TO DIVORCE
5(1)	There has been no collusion in relation to this divorce action.
(2)	The Defendant has not connived at or condoned the grounds 
complained of prior to bringing this divorce action.  (use only 
if the grounds are under paragraph 8(2)(b) of the Divorce 
Act, (Canada))
CHILDREN
6(1)	The particulars of each child of the marriage (which includes 
a child of one spouse to whom the other spouse stands in the 
place of a parent) are as follows:
(List all dependent children involved in this proceeding, even if no 
claims are being made in relation to those children.)
_________________________, born ____________________; and
_________________________, born _______________________ 
(2)	The Defendant proposes custody for each child as follows:
(3)	The Defendant proposes access or parenting arrangements for 
each child as follows:
(4)	The Defendant proposes financial arrangements for each 
child as follows:
AGREEMENTS
7.	The parties have made an agreement regarding the custody, 
access, parenting arrangements or support of the children or 
support of each other, as follows:
	(provide date of agreement and summarize details)
COURT PROCEEDINGS
8.	The details of any other court proceeding in regard to the 
marriage, custody, access, parenting arrangements and 
support of the children or support of the parties are as 
follows:
SPOUSAL SUPPORT
9.	The Defendant is claiming spousal support from the Plaintiff 
for the following reasons:
OR
9.	The Defendant is not claiming spousal support from the 
Plaintiff.
OR
9.	The Defendant proposes spousal support for the Plaintiff as 
follows, for the following reasons:
MATRIMONIAL PROPERTY CLAIM
REQUIREMENTS FOR APPLICATION
10.	Choose that which applies:
	?	The parties are habitually resident in Alberta.
	?	The last joint habitual residence of the parties was in 
Alberta.
	?	The habitual residence of the parties at the date of 
marriage was Alberta, and the parties have not since 
the marriage established a joint habitual residence.
	?	One spouse resides in Alberta and the other spouse is 
deceased.
PROPERTY
11.	During the marriage, the parties acquired property in their 
names, either jointly or separately.  The particulars of all 
property will be set out in the matrimonial property 
statements to be filed in accordance with the Matrimonial 
Property Act of Alberta.
AGREEMENTS
12.	The parties have made an agreement regarding the 
matrimonial property as follows:
EXEMPTIONS
13.	The Defendant claims the following exemptions for the 
reasons indicated:
DIVISION OF PROPERTY
14.	The Defendant claims an equal division of the matrimonial 
property.
OR
14.	The Defendant claims an unequal division of the matrimonial 
property in favour of the Defendant for the following 
reasons:
(In a case where the Defendant wishes to combine a claim for 
division of matrimonial property with a claim for unjust 
enrichment, add the following clause)
UNJUST ENRICHMENT CLAIM
15.	The Defendant is making a claim of unjust enrichment, the 
particulars of which are as follows:
REMEDY SOUGHT IN THE DIVORCE 
16.	The Defendant makes the following claims: (choose those 
which apply)
	?	divorce judgment;
	?	custody as proposed above;
	?	access or parenting arrangements as proposed above;
	?	child support as proposed above;
	?	retroactive child support;
	?	support for the Defendant;
	?	support for the Plaintiff;
	?	retroactive spousal support;
	?	a restraining order;
	?	other relief; (specify any other relief being sought)
	?	costs.
REMEDY SOUGHT IN THE MATRIMONIAL PROPERTY ACTION
17.	The Defendant makes the following claims in the 
matrimonial property action: (choose those which apply)
	?	an order for the equal distribution of all of the 
property acquired by the Plaintiff and Defendant, 
either jointly or separately;
	?	an order for the unequal distribution of all property 
acquired by the Plaintiff and Defendant, in the 
manner claimed herein;
	?	an order declaring certain property exempt from 
distribution as claimed above;
	?	an order for the allocation of the following specific 
property to the parties:
	?	a matrimonial home exclusive possession order;
	?	occupation rent;
	?	a preservation order;
	?	other relief; (specify any other relief being sought)
	?	costs of this action.
REMEDY SOUGHT IN THE ACTION FOR UNJUST ENRICHMENT 
(if applicable)
18.	The Defendant makes the following claims in the action for 
unjust enrichment: (list all remedies being sought)
______________________________________________________
Statement of Solicitor
(where Defendant has a lawyer)                   
	I, ___________________, the solicitor for the Defendant, 
certify to the Court that I have complied with the 
requirements of section 9 of the Divorce Act (Canada).
	DATED at _______________, Alberta, this              day of 
__________, 20____.
		______________________
	Solicitor for the Defendant
NOTICE TO THE PLAINTIFF
You only have a short time to do something to defend yourself 
against this claim:
20 days if you are served in Alberta
1 month if you are served outside Alberta but in Canada
2 months if you are served outside Canada
You can respond by filing a Statement of Defence or a Demand 
for Notice in the office of the clerk of the Court of Queen's 
Bench at ____________________, Alberta, AND serving your 
Statement of Defence or Demand for Notice on the Defendant's 
address for service.
WARNING
If you do not file and serve a Statement of Defence or a Demand 
for Notice within the time period, you risk losing the ability to 
have your side heard in the lawsuit.  If you do not file, or do not 
serve, or are late in doing either of these things, a court may 
grant a Divorce Judgment and other relief to the Defendant in 
the Counterclaim.
Form FL-8 
[Rule 12.13(1)]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
WIFE
HUSBAND
DOCUMENT	JOINT STATEMENT OF  
		CLAIM FOR DIVORCE  
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
WIFE
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
HUSBAND
THE PARTIES
1(1)(a)	The date of the marriage was: 
	(b)	The place of the marriage was:  
(2)(a)		The parties started to cohabit on: 
	(b)	The parties ceased cohabiting on:
(3)	Particulars respecting the Wife:
	Address:
	Date of birth:
	Place of birth:
	Surname at birth:
	Surname at the time of marriage:
	Marital status at the time of marriage:
(4)	Particulars respecting the Husband:
	Address:
	Date of birth:
	Place of birth:
	Surname at birth:
	Surname at the time of marriage:
	Marital status at the time of marriage:
RESIDENCE
2.	The Wife (or the Husband) has been ordinarily resident in the 
Province of Alberta for at least one year immediately 
preceding the date of this Statement of Claim.
GROUNDS
3.	The Wife and the Husband are seeking a divorce on the 
grounds of the breakdown of the marriage because the parties 
are now separated and will have been separated for at least 
one (1) year at the determination of the divorce proceeding.
RECONCILIATION
4.	There is no possibility of reconciliation.
BARS TO DIVORCE
5.	There has been no collusion in relation to this divorce action.
CHILDREN
6(1)	The particulars of each child of the marriage (which includes 
a child of one spouse to whom the other spouse stands in the 
place of a parent) are as follows:
	(List all dependent children involved in this case, even if no 
claims are being made in relation to those children.)
	___________________, born ____________________; and
	___________________, born ____________________; and
(2)	The Parties propose custody for each child as follows:
(3)	The Parties propose access or parenting arrangements for 
each child as follows:
(4)	The Parties propose financial arrangements for each child as 
follows:
	(include any agreement regarding retroactive child support)
AGREEMENTS
7.	The parties have made an agreement regarding the custody, 
access, parenting arrangements or support of the children or 
each other, as follows:
	(provide date and summarize details of agreement)
COURT PROCEEDINGS
8.	The details of any other court proceeding in regard to the 
marriage, custody, access, parenting arrangements and 
support of the children or the parties are as follows:
SPOUSAL SUPPORT
9.	The Parties have agreed that there will be no spousal support 
paid to either party.
OR
9.	The Parties have agreed that spousal support will be paid by 
the Wife (or the Husband) to the Husband (or the Wife) as 
follows:
	(include any agreement regarding retroactive spousal 
support)
REMEDY SOUGHT 
10.	The Parties seek the following relief: (choose those which 
apply)
	?	a joint divorce judgment;
	?	custody as proposed above;
	?	access or parenting arrangement as proposed above;
	?	child support as proposed above;
	?	support for the Wife/Husband as proposed above;
	?	retroactive child support as proposed above;
	?	retroactive spousal support as proposed above;
	?	other relief. (specify any other relief being sought)
Statement of Wife's Solicitor
(where Wife has a lawyer)                 
I, ___________________, the solicitor for the Wife, certify to the 
Court that I have complied with the requirements of section 9 of the 
Divorce Act (Canada).
DATED at                            , Alberta, this            day of 
__________, 20____.
		__________________
		Solicitor for the Wife
Statement of Husband's Solicitor
(where Husband has a lawyer)                 
I, ___________________, the solicitor for the Husband, certify to 
the Court that I have complied with the requirements of section 9 of 
the Divorce Act (Canada).
DATED at                      , Alberta, this            day of __________, 
20____.
		_____________________
		Solicitor for the Husband
Form FL-9 
[Rule 12.13(3)]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
WIFE
HUSBAND
DOCUMENT	NOTICE OF WITHDRAWAL-      
		JOINT DIVORCE PROCEEDINGS
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
[Party's name] withdraws from this joint divorce proceeding.
Date:                         
	                                                                    
	Signature of 
	? filing party     ? lawyer for filing party
	Print name:                                                 
Form FL-10 
[Rule 12.16(1)]
	Clerk's stamp:
COURT FILE NUMBER
COURT	?	Provincial Court of Alberta 
		?	Court of Queen's Bench
JUDICIAL CENTRE (Queen's Bench) 
COURT LOCATION (Provincial Court)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	CLAIM - Family Law Act
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE TO THE RESPONDENT(S):
This application is made against you.  You are a Respondent.  
You have the right to state your side of this matter before the 
Court.
To do so, you must be in Court when the application is heard as 
shown below:
	Court Date   ___________________
	Time            ___________________
	Where          ___________________
Go to the end of this document to see what you can do and when 
you must do it.
1.	I ask the Court to grant the following order(s):
Guardianship	Form #
?  Guardianship of Child	FL-34 or FL-35
?  Terminate Guardianship	FL-36
?  Review of Guardian's Significant Decision	FL-37
?  Court Direction for Guardian	FL-38
Parenting
?  Parenting of Child	FL-39 or FL-40
?  Vary a Parenting Order	FL-41
Contact
?  Contact with Child	FL-42
?  Vary a Contact Order	FL-43
?  Leave of Court (to apply for contact)	FL-44
Child Support
?  Child Support	FL-45
?  Vary Child Support Order	FL-46 or FL-47
Spousal/Partner Support
?  Spousal/Partner Support	FL-48
?  Vary Support Order	FL-49 or FL-50
Enforcement (Time with Child)
?  Enforcement (Time with Child)	FL-51
?  Reimbursement for Failure to Exercise Time	FL-52
?  Vary Enforcement Order	FL-53
Matters Available only in Queen's Bench
?  Exclusive Possession of Home/Goods	FL-54
?  Declaration of Parentage	FL-55
?  Declaration of Irreconcilability	FL-56
Other
?  specify: ______________________
2.	Children involved in this application: (List full name and 
birthdate of each child)
	(a)	                                       yyyy/mm/dd.
	(b)	                                       yyyy/mm/dd.
	(c)	                                       yyyy/mm/dd.
	(d)	                                       yyyy/mm/dd.
	(e)	                                       yyyy/mm/dd.
	(f)	                                       yyyy/mm/dd.
3.	Have you been involved in other legal proceedings (past or 
present) with the Respondent(s) or the 
children?          ?  Yes       ?  No
4.	Basis for this claim: (summarize what you are asking for and 
why)
5.	Evidence in support of this claim: (list the Statement(s) or 
Affidavit(s) you will use)
WARNING
If you do not come to Court either in person or by your lawyer, 
the Court may give the Applicant(s) what the Applicant wants in 
your absence.  You will be bound by any order that the Court 
makes.  
If you wish to respond to the Claim, you must file a Response 
with the Court.  If you disagree with some or all of the orders 
asked for by the Applicant(s), and you want the Court to know 
your side of this matter, you must file Reply Statement(s) or an 
affidavit to support your position.  You must serve all your 
documents on the Applicant(s) within a reasonable time before 
the court date shown above, but anything less than 10 days' 
notice will be presumed to be prejudicial to the Applicant(s).
Family Law Act forms you can use to respond are available 
from the courthouse or visit: www.albertacourts.ab.ca.
Form FL-11 
[Rule 12.18(1)]
	Clerk's stamp:
COURT FILE NUMBER
COURT	?	Provincial Court of Alberta 
		?	Court of Queen's Bench
JUDICIAL CENTRE (Queen's Bench) 
COURT LOCATION (Provincial Court)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	RESPONSE - Family Law Act
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
Part I:  RESPONDING TO THE OTHER PARTY
1.	Choose all that apply:
?	I agree with the following order(s) asked for by the other 
party:  (list)
?	I disagree with the following order(s) asked for by the 
other party: (list)
2.	Basis for this response:  (summarize what you agree or 
disagree with and why)
3.	Evidence in support of this response:  (list the Reply 
Statement(s) or Affidavit(s) you will use)
Part II:  APPLYING FOR ADDITIONAL ORDER(S) FROM THE 
COURT:
(only complete if you want to ask the Court for something new, 
in addition to responding to the applicant's claim)
4.	In addition to my Response above, 
I ask the Court to grant the following order(s):
Guardianship	Form
?  Guardianship of Child	FL-34 or FL-35
?  Terminate Guardianship	FL-36
?  Review of Guardian's Significant Decision	FL-37
?  Court Direction for Guardian	FL-38
Parenting
?  Parenting of Child	FL-39 or FL-40
?  Vary a Parenting Order	FL-41
Contact
?  Contact with Child	FL-42
?  Vary a Contact Order	FL-43
?  Leave of Court (to apply for contact)	FL-44
Child Support
?  Child Support	FL-45
?  Vary Child Support Order	FL-46 or FL-47
Spousal/Partner Support
?  Spousal/Partner Support	FL-48
?  Vary Support Order	FL-49 or FL-50
Enforcement (Time with Child)
?  Enforcement (Time with Child)	FL-51
?  Reimbursement for Failure to Exercise Time	FL-52
?  Vary Enforcement Order	Fl-53
Matters Available Only in Queen's Bench
?  Exclusive Possession of Home/Goods	FL-54
?  Declaration of Parentage	FL-55
?  Declaration of Irreconcilability	FL-56
Other
?  specify: ______________________
5.	Basis for wanting an additional order: (summarize what you 
are asking for and why)
6.	Evidence in support of this additional order:  (list the 
Statement(s) or Affidavit(s) you will use)
NOTICE TO THE APPLICANT:
If the Respondent has requested additional orders from the 
Court in Part II of the Response, you must provide your 
response within a reasonable time before the court date shown 
on the Claim, but anything less than 5 days' notice will be 
presumed to be prejudicial to the respondent(s).  If you do not 
come to Court either in person or by your lawyer, the Court may 
give the Respondent(s) what they want in your absence.  You 
will be bound by any order that the Court makes.  
Family Law Act forms and information on how you can 
respond are available from the courthouse or visit: 
www.albertacourts.ab.ca.


Form FL-12 
[Rule 12.24]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	CERTIFICATE OF LAWYER
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
[To be completed by a lawyer acting on behalf of the Applicant or 
the Respondent]
I, ________________________________________ lawyer for 
    (name)    (Applicant or Respondent) hereby certify that I have 
complied with the requirements of section 5 of the Family Law Act.
My address for service is: ________________________________
My phone number is: ______________________________
My fax number is: ________________________________
My file number is: ________________________________
Dated on ____________________, at ________________, Alberta.
		________________________
	Signature
Form FL-13 
[Rule 12.31 and section 4 of the  
Protection Against Family Violence Act]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
CLAIMANT(S)
RESPONDENT
DOCUMENT	QUEEN'S BENCH PROTECTION
	ORDER QUESTIONNAIRE          
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
CLAIMANT(S) FILING THIS DOCUMENT
RELATIONSHIP BETWEEN CLAIMANT AND RESPONDENT:  
(specify your relationship to the Respondent)
DATE AND ACTION NUMBER OF ANY PREVIOUS LEGAL 
PROCEEDINGS RELATING TO FAMILY VIOLENCE AND 
WHETHER OR NOT AN ORDER WAS GRANTED:
Year/Month/Day
Action Number
Order Granted 
(Yes/No)















Names and date(s) of birth of child(ren) in the custody of 
the Claimant:  (list full name and birthday (yyyy/mm/dd) 
of each child)
	(a)	                                       yyyy/mm/dd.
	(b)	                                       yyyy/mm/dd.
	(c)	                                       yyyy/mm/dd.
	(d)	                                       yyyy/mm/dd.
	(e)	                                       yyyy/mm/dd.
	(f)	                                       yyyy/mm/dd.
REASONS FOR REQUESTING A PROTECTION ORDER:
[Set out details of why you need a protection order against the 
Respondent stating all relevant facts, including the dates, nature 
and history of family violence, whether any weapons(s) were 
involved, and if so, the type of weapon(s), which prompted this 
application]
I REQUEST THE QUEEN'S BENCH PROTECTION ORDER 
INCLUDE THE FOLLOWING CONDITIONS:
?	1.	The Respondent is restrained from attending at, entering 
or being within 200 metres from the following places:
	(a)	the Claimant's/family member's residence: 
   (address)    .
	(b)	the Claimant's/family member's place of employment:  
   (address)   .
	(c)	the Claimant's/family member's other addresses: 
   (address)   .
		or from being within 100 metres of the Claimant and 
family members anywhere in the Province of Alberta.
?	2.	The Respondent is restrained from contacting the 
Claimant or associating in any way with the Claimant.  
The Respondent is further restrained from subjecting the 
Claimant to family violence.
?	3.	The Claimant and other family members are granted 
exclusive occupation of the residence located at: 
   (address)    for    (specify time period)   .
?	4.	The Respondent shall reimburse the Claimant in the 
amount of $___________ for monetary losses for the 
following reasons:     (specify reasons)   .
?	5.	The Claimant/Respondent    (name)    is granted 
temporary possession of:     (specify personal property)   
?	6.	The Claimant/Respondent    (name)    may not take, 
convert, damage or otherwise deal with:    (specify 
property)   
?	7.	The Respondent may not make any communication 
likely to cause annoyance or alarm to the Claimant, 
including personal, written or telephone contact or 
contact by any other communication device, directly or 
through the agency of another person, with the Claimant 
and other family members or their employers, 
employees, co-workers or the following specified 
persons:     (specify persons)   .
?	8.	A peace officer shall remove the Respondent from the 
residence located at:     (address)   .
?	9.	A peace officer shall accompany    (name)    to the 
residence located at    (address)    within    (specify time 
period)    to supervise the removal of personal 
belongings.
?	10.	The Respondent shall post the following bond:  
   (specify bond)   .
?	11.	The Respondent shall attend the following counselling:  
   (specify)   .
?	12.	The child    (name)    is authorized to attend counselling 
without the consent of the Respondent.
?	13.	A peace officer shall seize and store the following 
weapons:     (specify weapons)   .
?	14.	Other:  (specify).
I,    (name)    solemnly declare that the facts set out in this 
document are true.  I make this solemn declaration conscientiously 
believing it to be true and knowing that it is of the same force and 
effect as if made under oath.
Declared before me to be true on
___________________, 20____, 	                                           
at _________________, Alberta.	Signature of Claimant      
__________________________________
Commissioner for Oaths in and for Alberta
______________________________________________
              Print name and expiry/Lawyer/Student-at-Law
NOTE:      It is an offence to make a false declaration.
Form FL-14 
[Rule 12.33(2)]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
APPLICANT(S)
RESPONDENT
DOCUMENT	APPLICATION FOR A RESTRAINING
	ORDER WITHOUT NOTICE IN A        
	FAMILY LAW SITUATION                  
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
APPLICANT(S) FILING THIS DOCUMENT
1.	Status of Applicant and Respondent:
?  Married   
?  Divorced   
?  Common-law/Adult Interdependent Partner   
?  Other:                    
2.	Date relationship commenced:  _____________________
3.	Date of separation:  _______________________
4.	Date and action number of any previous applications for a 
restraining order:
	(a)	____________
	(b)	____________
5.	Are there now, or have there ever been, any divorce, custody, 
child support, or spousal support proceedings against the 
Respondent in this Court or in the Provincial Court?  
	?  Yes       ?  No
	If yes, please provide the court file number(s):  
_____________
6.	Will the granting of this order require the Respondent to 
leave his or her residence?
	?  Yes       ?  No
7.	Are there any children under the age of 16 years of the 
Applicant and Respondent?
	?  Yes       ?  No
	If yes, list the children's names, birth dates, and with whom 
the children are residing:
Child's full name
Birthdate 
(yyyy/mm/dd)
Residing with






8.	Are there any other children involved?  ?  Yes     ?  No
	If yes, list the children's names, birth dates, and relationship 
to Applicant:
Child's full name
Birthdate 
(yyyy/mm/dd)
Relationship 
to Applicant






9.	Proposed access for all children:  
	(a)	____________
	(b)	____________
10.	Do you currently have a lawyer for family law matters?
	?  Yes     ?  No
	If yes, name of lawyer:                         
11.	Does the Respondent have a lawyer?  
	?  Yes     ?  No
	If yes, name of lawyer:                         
12.	Why should notice of this application not be given to the 
Respondent?  [Note:  Judges normally hear from both parties 
before making decisions.  Where there is urgency or danger, 
for example, the Court could hear from only the Applicant].
_____________________________________________________.
                          REASONS FOR REQUESTING RESTRAINING ORDER
(Set out details of why you need a restraining order against the 
Respondent, stating all relevant facts, including the dates, nature, 
and history of the conduct, threats, and/or violence which 
prompted the application, and whether or not the Respondent has 
any weapons.)
______________________________________________________
______________________________________________________
______________________________________________________
I,    (name)    solemnly declare that the facts set out in this 
document are true.  I make this solemn declaration conscientiously 
believing it to be true and knowing that it is of the same force and 
effect as if made under oath.
Declared before me to be true on
___________________, 20____, 	                                      
at _________________, Alberta.	Signature of Applicant
__________________________________
Commissioner for Oaths in and for Alberta
______________________________________________
Print name and expiry/Lawyer/Student-at-Law
NOTE:      It is an offence to make a false declaration.
Form FL-15 
[Rule 12.38(2)]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF
DEFENDANT
DOCUMENT	NOTICE TO PRODUCE AN
	AFFIDAVIT OF RECORDS 
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
You are required, within three (3) months of service of this 
notice on you or your solicitor, to provide an Affidavit of Records 
disclosing all records relevant and material to the issues in this 
action, and you are to produce the records during any examination 
for discovery and at the trial of this action.
The Affidavit of Records must comply with Part 5, Division 1, 
Subdivision 2 of the Alberta Rules of Court.  
WARNING
If you do not provide an Affidavit of Records within the 
3-month period required by this notice, you risk having a 
penalty imposed on you or an order or sanction being imposed 
against you by the Court.
Form FL-16 
[Rule 12.40(2)]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF (Indicate if Applicant/Respondent)
DEFENDANT (Indicate if Applicant/Respondent)
DOCUMENT	NOTICE TO REPLY TO WRITTEN       
	INTERROGATORIES / APPLICATION
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE TO PARTY SERVED WITH THIS DOCUMENT:
This notice is combined with a court application.  You are a 
Respondent.  You must appear at the application referenced at 
the end of this document.
Go to the end of this document to see what else you can do and 
when you must do it.
WARNING
If you do not provide answers to the questions set out below 
within the one-month period required by this notice and you do 
not provide an objection in the manner indicated below, you risk 
having a penalty imposed on you or an order or sanction being 
imposed against you by the Court.
You are required, within one (1) month of service of this notice 
on you or your solicitor, to provide answers to the following 
questions, in writing, under oath:
(A maximum of 30 numbered and succinct questions should be 
listed here.)
NOTICE TO THE RESPONDENT
You are to appear in Court when the application is heard, as 
shown below:
	Date	___________________
	Time	___________________
	Where	___________________
	Before Whom	___________________
WARNING
If you object to answering any of these questions, you or your 
lawyer must attend in Court on the date and at the time shown 
above. You must also serve on the Applicant, or the Applicant's 
solicitor, an affidavit stating your objection to answering the 
disputed questions and setting out the reasons for the objection.  
Any such affidavit must be provided within a reasonable period 
of time before the application is scheduled to be heard, but 
anything less than 10 days' notice will be presumed to be 
prejudicial to the Applicant.
If you do not come to Court either in person or by your lawyer, 
the Court may give the Applicant what the Applicant wants in 
your absence.  You will be bound by any order that the Court 
makes.
Form FL-17 
[Rule 12.41(3)]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF (Indicate if Applicant/Respondent)
DEFENDANT (Indicate if Applicant/Respondent)
DOCUMENT	NOTICE TO DISCLOSE / APPLICATION
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE TO PARTY SERVED WITH THIS DOCUMENT:
This notice is combined with a court application.  You are a 
Respondent.  You must appear at the application referenced at 
the end of this document. 
Go to the end of this document to see what you can do and when 
you must do it.
WARNING
If you do not provide the financial information and documents 
requested below within the one-month period required by this 
notice and you do not provide an objection in the manner 
indicated below, you risk having a penalty imposed on you or an 
order or sanction being imposed against you by the Court.
(If this form is being used after there has been a final 
determination in a proceeding relating to child support, spousal 
support, or adult interdependent partner support, only the 
documents in items 1 to 9 may be requested.)
You are hereby required to provide to the Applicant within one 
(1) month of service of this Notice:
?	1.	A copy of every personal income tax return you have 
filed for each of the 3 most recent taxation years.  If you 
have not filed a tax return for the previous year, you 
must provide copies of your T4, T4A, and all other 
relevant tax slips and statements disclosing any and all 
sources of income for the previous year.
?	2.	A copy of every notice of assessment and reassessment 
issued to you for each of the 3 most recent taxation 
years, or a copy of the Canada Revenue Agency printout 
of your last 3 years' income tax returns.
?	3.	If you are an employee, a copy of each of your 3 most 
recent statements of earnings indicating your total 
earnings paid in the year to date, including overtime, or 
where such a statement is not provided by your 
employer, a letter from your employer setting out that 
information, including your rate of annual salary or 
remuneration.
?	4.	If you receive income from employment insurance, 
social assistance, a pension, workers' compensation, 
disability payments, dividends or any other source, the 
most recent statement of income indicating the total 
amount of income from the applicable source during the 
current year or, if such a statement is not provided, a 
letter from the appropriate authority stating the required 
information.
?	5.	If you are a student, a statement indicating the total 
amount of student funding you have received during the 
current academic year, including loans, grants, bursaries, 
scholarships and living allowances.
?	6.	If you are self-employed in an unincorporated business:
	(a)	particulars or copies of every cheque issued to you 
during the last 6 weeks from any business or 
corporation in which you have an interest, or to which 
you have rendered a service;
	(b)	the financial statements of your business or professional 
practice for the 3 most recent taxation years; and
	(c)	a statement showing a breakdown of all salaries, wages, 
management fees or other payments or benefits paid to 
yourself, or to persons or corporations with whom you 
do not deal at arm's length, for the 3 most recent 
taxation years.
?	7.	If you are a partner in a partnership, confirmation of 
your income and draws from, and capital in, the 
partnership for its 3 most recent taxation years.
?	8.	If you have a 1% or more interest in a privately held 
corporation:
	(a)	the financial statements of the corporation and its 
subsidiaries for its 3 most recent taxation years; 
	(b)	a statement showing a breakdown of all salaries, wages, 
management fees or other payments or benefits paid to 
yourself, or to persons or corporations with whom the 
corporation, and every related corporation, does not 
deal at arm's length for the corporation's 3 most recent 
taxation years; and
	(c)	a record showing your shareholder's loan transactions 
for the past 12 months.
?	9.	A detailed list of any special or extraordinary expenses 
claimed (where child support is an issue) as well as 
copies of receipts or other documentation providing the 
amount of those expenses, namely:
	(a)	child care costs;
	(b)	health care and extended medical and dental insurance 
premiums attributable to the child;
	(c)	uninsured health care and dental expenses;
	(d)	extraordinary educational expenses;
	(e)	post-secondary educational expenses; and
	(f)	extraordinary expenses for extracurricular activities.
?	10.	If you are a beneficiary under a trust, a copy of the trust 
settlement agreement and copies of the trust's 3 most 
recent financial statements.
?	11.	Copies of all statements and cancelled cheques for all 
bank accounts held solely or jointly in your name for the 
most recent 6 months.
?	12.	Copies of credit card statements for all credit cards 
solely or jointly in your name for the most recent 6 
months.
?	13.	Your monthly budget of expenses (where spousal or 
adult interdependent partner support is an issue).
?	14.	A sworn itemized list of your income, assets and 
liabilities (in the form attached as Schedule A).
?	15.	Copies of the most recent statement for all RRSPs, 
pensions, term deposit certificates, guaranteed 
investment certificates, stock accounts and other 
investments in your name or in which you have an 
interest.
?	16.	A list of any exemptions claimed (where the action 
involves the division of matrimonial property). 
The requested documents are to be delivered to: _______________
Note:  In circumstances where the particulars of the income of the 
party serving this Notice are necessary to determine the amount of 
child support, including circumstances where the parties have 
shared or split custody or parenting, or there are section 7 expenses 
being claimed, the party serving the Notice to Disclose is required 
to send to the other party with this Notice to Disclose, his or her 
information equivalent to the information being requested.
NOTICE TO THE RESPONDENT
You are to appear in Court when the application is heard, as 
shown below:
	Date   _____________________________
	Time    ____________________________
	Where  ____________________________
	Before Whom  ______________________
If you want to present any evidence to the Judge hearing this 
application, or if you object to providing the financial 
information and documents requested, you must
		swear or affirm an affidavit stating your objection to 
providing the financial information and documents 
requested and setting out the reasons for the objection,
		file the affidavit with the court clerk, and
		serve the affidavit on the Applicant or the Applicant's 
solicitor a reasonable time before the application is 
scheduled to be heard.

WARNING
If you do not come to Court on the date and at the time shown 
above, either in person or by your lawyer, the Court may:
	(a)	order you to provide the documents to the 
Applicant by a specific date;
	(b)	order payment of support in an amount the Court 
considers appropriate, drawing an adverse 
inference against you and imputing income to you;
	(c)	order you to pay costs to the Applicant up to an 
amount that fully compensates the Applicant for all 
costs incurred in the proceedings;
	(d)	order that your employer, partner or principal, or 
any other person, provide to the Applicant and/or 
the Court, any or all of the financial information 
requested by the Applicant that is within the 
knowledge of, in the custody of, or under the 
control of that person;
	(e)	grant any other remedy requested by the Applicant.
SCHEDULE A to Form FL-17
STATEMENT OF INCOME, ASSETS AND LIABILITIES
This is the statement of income, assets and liabilities of    (name)    
the    (Plaintiff/Defendant)    in this action.
A.	INCOME
All of my sources of income and amounts of income per month are 
as follows:
	(a)	Employment income of   $________________ from 
   (employer)   ;
	(b)	Employment insurance benefits of  $________________;
	(c)	Worker's Compensation Benefits of  $_______________;
	(d)	Interest and investment income of $_________________;
	(e)	Pension income of $_______________;
	(f)	Government assistance income of _$___________ from 
   (source)   ;
	(g)	Self-employment income of _$_____________;
	(h)	Other income of _$___________ from    (source)   
My total income last year as indicated at line 150 of my    (year)    
tax return was $____________.
I expect my income at line 150 of my tax return this year to be 
$_________________________.
B.	ASSETS
Asset
Particulars
Date 
Acquired
Value 
(Estimated)
1.  Real Estate 

(List any interest in land, 
including leasehold interests 
and mortgages, whether or 
not you are registered as 
owner.  Provide legal 
descriptions and indicate 
estimated market value of 
your interest without 
deducting encumbrances or 
costs of disposition.)(Record 
encumbrances under debts.)



2.   Vehicles 

(List cars, trucks, 
motorcycles, trailers, motor 
homes, boats, etc.)



3.   Financial Assets 

(List savings and chequing 
accounts, term deposits, GICs, 
stocks, bonds, Canada 
Savings Bonds, mutual funds, 
insurance policies (indicate 
beneficiaries), accounts 
receivable, etc.)



4.   Pensions and RRSPs 

(Indicate name of institution 
where accounts are held, 
name and address of pension 
plan and pension details.)



5.   Corporate/Business 
Interests 

(List any interest you hold, 
directly or indirectly, in any 
corporation, unincorporated 
business, partnership, trust, 
joint venture, etc.)



6.   Other 

(List anything else of value 
that you own, including 
precious metals, collections, 
works of art, jewellery or 
household items of high value. 

Include location of any safety 
deposit boxes.)



C.	DEBTS
Debt
Particulars
Date 
Incurred
Balance 
Owing
Monthly 
Payment
1.   Secured Debts 

(List all mortgages, 
lines of credit, car 
loans, and any other 
debt secured against 
an asset that you own.)




2.   Unsecured Debts 

(List all bank loans, 
personal loans, lines 
of credit, overdrafts, 
credit cards and any 
other debts that you 
have.)




3.   Other 

(List any other debts, 
including obligations 
that are relevant to a 
claim for undue 
hardship - e.g. car 
lease payment)

















































I,    (name)    solemnly declare that the facts set out in this 
document are true.  I make this solemn declaration conscientiously 
believing it to be true and knowing that it is of the same force and 
effect as if made under oath.
Declared before me to be true on
___________________, 20____, 	                                      
at _________________, Alberta. 	Signature of Applicant
__________________________________
Commissioner for Oaths in and for Alberta
______________________________________________
              Print name and expiry/Lawyer/Student-at-Law
NOTE:      It is an offence to make a false declaration.
Form FL-18 
[Rule 12.44(1)(a)]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF (Indicate if Applicant)
DEFENDANT (Indicate if Applicant)
DOCUMENT	FAMILY APPLICATION   
	BY [NAME & STATUS]   
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE TO THE RESPONDENT(S):
This application is made against you.  You are the Respondent.
You have the right to state your side of this matter before the 
judge.
To do so, you must be in Court when the application is heard as 
shown below:
	Court Date	___________________
	Time	___________________
	Where	___________________
	Before Whom	___________________
Go to the end of this document to see what else you can do and 
when you must do it.
Remedy claimed or sought:
1.
Grounds for making this application:
2.
Material or evidence to be relied on:
3.
Applicable rules:
4.
Applicable Acts and regulations:
5.	
Any irregularity complained of or objection relied on:
6.	
How the application is proposed to be heard or considered:
7.	
WARNING
If you do not come to Court on the date and at the time shown 
above either in person or by your lawyer, the Court may give the 
Applicant(s) what the Applicant wants in your absence.  You 
will be bound by any order that the Court makes.
If you intend to rely on an affidavit or other evidence when the 
application is heard or considered, you must:
		Swear or affirm an affidavit;
		File the affidavit or other evidence with the Clerk of the 
Court; and
		Serve the affidavit or other evidence on the applicant a 
reasonable time before the application is scheduled to 
be heard or considered.
Form FL-19 
[Rule 12.46(1)]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
APPLICANT
RESPONDENT
DOCUMENT	PROVISIONAL ORDER  
	INFORMATION FORM   
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
1.	CLAIMANT INFORMATION
LAST NAME        FIRST       MIDDLE
SIN (CAN)  
(SSN USA)
SEX
DATE OF 
BIRTH





M
F
D
M
Y
IS A MAINTENANCE ENFORCEMENT PROGRAM/COURT IN ANOTHER 
PROVINCE/TERRITORY/STATE ENFORCING YOUR MAINTENANCE ORDER?
No ___    Yes   ___    IF YES, LIST NAME AND ADDRESS OF PROGRAM/COURT 
FILE/CASE NUMBER

2.	DEPENDENT CHILDREN/CHILDREN INFORMATION
NAME OF CHILD/CHILDREN IN 
THE ORDER
LAST NAME     FIRST    MIDDLE
PROVINCE/TERRITORY
/STATE OF RESIDENCE
(LAST 6 MONTHS)
SEX OF 
CHILD
DATE OF 
BIRTH




M
F
D
M
Y
1.








2.








3.








4.








3.	RESPONDENT INFORMATION
	(Respondent means person in other jurisdiction)
LAST NAME        FIRST       MIDDLE
SIN (CAN/SSN USA)
SEX
DATE OF 
BIRTH





M
F
D
M
Y
IS A MAINTENANCE ENFORCEMENT PROGRAM/COURT IN ANOTHER 
PROVINCE/TERRITORY/STATE ENFORCING YOUR MAINTENANCE ORDER?
No ___    Yes   ___    IF YES, LIST NAME AND ADDRESS OF PROGRAM/COURT 
FILE/CASE NUMBER

ALIASES/OTHER 
NAMES USED
MOTHER'S MAIDEN NAME
RESPONDENT/PAYOR'S 
CURRENT SPOUSE

CURRENT OR LAST KNOWN ADDRESS
STREET & NUMBER                                               CITY
AREA CODE & PHONE - 
HOME

PROVINCE/TERRITORY/STATE      COUNTRY    
POSTAL/ZIP CODE

AREA CODE & PHONE - WORK
CURRENT OR LAST 
KNOWN EMPLOYER

USUAL OCCUPATION (INCLUDE UNION AND 
LOCAL, TRADE OR PROFESSIONAL MEMBERSHIP)
ADDRESS - STREET & NUMBER               CITY                       AREA CODE & PHONE

PROVINCE/TERRITORY STATE      COUNTRY    
POSTAL/ZIP CODE

AREA CODE & FAX

4.	DESCRIPTION OF RESPONDENT/PAYOR
HEIGHT
WEIGHT
EYE 
COLOUR
COMPLEXION
GLASSES/
CONTACT
LENSES
PLACE OF
BIRTH




NO
YES

VISIBLE AND DISTINGUISHABLE MARKS (TATTOOS, BEAUTY MARKS, SCARS, 
ETC.)
FRIENDS AND/OR RELATIVES WHO KNOW WHERE TO CONTACT THE 
RESPONDENT/PAYOR
NAME
RELATION
ADDRESS
CITY
PROV/
TERR/
STATE
POSTAL/
ZIP CODE
TELEPHONE 
NUMBER

1.






2.






3.






5.	ASSETS OF RESPONDENT/PAYOR
MOTOR VEHICLES 
(INCLUDES CARS, 
BOATS, 
RECREATIONAL 
VEHICLES) MAKE
YEAR
COLOUR
LICENCE PLATE NO./FROM 
WHAT 
PROVINCE/TERRITORY/STATE
1.




2.




3




REAL ESTATE 
(INCLUDES HOME(S), 
COTTAGES, 
INVESTMENT 
PROPERTY) STREET 
ADDRESS
CITY
PROV/
TERR/
STATE
LEGAL DESCRIPTION (IF  
KNOWN)
1.




ASSETS/NAME OF 
BANK
ADDRESS
TYPE OF ACCOUNT
ACCOUNT NUMBER
1.




2.




3.




CREDIT CARDS
COMPANY NAME
ACCOUNT 
NUMBER
NAME OF 
COMPANY
ACCOUNT NUMBER
1.




2.




OTHER RELEVANT INFORMATION



ATTACH PHOTO OF 
RESPONDENT/PAYOR 
HERE
THE INFORMATION I HAVE GIVEN ON THIS FORM IS 
TRUE AND CORRECT, TO THE BEST OF MY KNOWLEDGE 
AND BELIEF.
__________________________________________
CLAIMANT OR AUTHORIZED OFFICER
Form FL-20 
[Rule 12.47(1)(a)]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
APPLICANT
RESPONDENT
DOCUMENT	NOTICE OF CONFIRMATION HEARING
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE TO THE RESPONDENT:
This application is made against you.  You are a Respondent.  You 
have the right to state your side of this matter before the judge.
To do so, you must be in Court when the application is heard as 
shown below:
	Court Date	___________________
	Time	___________________
	Where	___________________
	Before Whom	___________________
Go to the end of this document to see what else you can do and 
when you must do it.
Remedy claimed or sought:
1.	Confirmation of the Provisional Order made against the 
Respondent by    (name of court)    at    (location of court)    
on ______________, 20____.
Grounds for making this application:
2.	The Court has received a Provisional Order for confirmation 
under section 19 of the Divorce Act (Canada).
Material or evidence to be relied on:
3.	All material and evidence forwarded by the court that granted 
the Provisional Order.
Applicable rules:
4.	Rule 12.47 of the Alberta Rules of Court.
Applicable Acts and regulations:
5.	Sections 18 and 19 of the Divorce Act (Canada).
Any irregularity complained of or objection relied on:
6.	
How the application is proposed to be heard or considered:
7.	

WARNING
If you do not come to Court on the date and at the time shown 
above either in person or by your lawyer, the Court may give the 
applicant(s) what they want in your absence.  You will be bound 
by any order that the Court makes.
If you intend to rely on other evidence when the application is 
heard or considered, you must:
?	Swear or affirm an affidavit;
?	File the affidavit or other evidence with the Clerk of the 
Court; and
?	Serve the affidavit or other evidence on the applicant a 
reasonable time before the application is scheduled to be 
heard or considered.
Form FL-21 
[Rule 12.50(3)]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF
DEFENDANT
DOCUMENT	REQUEST FOR DIVORCE      
	(WITHOUT ORAL EVIDENCE)
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
(Change Statement of Claim to Counterclaim, Defendant to 
Plaintiff, and Plaintiff to Defendant as required, depending on who 
is applying for the divorce.)
TO THE COURT CLERK:
1.	I, ____________________, request that this action be set for 
hearing as an undefended divorce to be considered on the 
basis of affidavit evidence.
2.	The Statement of Claim was served on my spouse by    (name 
of person who served document)    on    (date)    , as indicated 
in the Affidavit of Service, which has been filed.
3.	My Affidavit of Applicant to be considered with my 
Statement of Claim has been filed with this Request for 
Divorce.
4.	The Defendant: (choose those which apply)
	?	has not responded to the Statement of Claim and has 
been noted in default;
	?	has responded to the Statement of Claim by filing a 
____________________;
	?	consents to this Request for Divorce, as indicated by 
his/her signature (or the signature of his/her counsel) 
endorsed below;
	?	has not consented to this Request for Divorce, but 
leave has been given by Order granted by    (name of 
Judge of Court of Queen's Bench)    on    (date)    to 
proceed with this Request for Divorce;
5.	The Defendant's address for service is ______________.
6.	The address of the Defendant's solicitor is ______________.
7.	The address of the Plaintiff's solicitor is ________________.
Form FL-22 
[Rule 12.50(3)]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
WIFE
HUSBAND
DOCUMENT	JOINT REQUEST FOR DIVORCE 
		(WITHOUT ORAL EVIDENCE)    
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
WIFE
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
HUSBAND
TO THE COURT CLERK:
1.	We hereby apply for a Joint Divorce Judgment (Without Oral 
Evidence).
2.	We have issued a Joint Statement of Claim for Divorce and 
each acknowledge receiving a copy of that document.
3.	The affidavit evidence to be considered with our Joint 
Statement of Claim for Divorce has been filed and is attached 
hereto.
4.	As we have filed a Joint Statement of Claim for Divorce, no 
pleadings in response are required.
____________________	_____________________
Wife or Solicitor	Husband or Solicitor        
for the Wife	for the Husband               
Form FL-23 
[Rule 12.50(3)]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF
DEFENDANT
DOCUMENT	AFFIDAVIT OF APPLICANT
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
(Change Statement of Claim to Counterclaim, Defendant to 
Plaintiff, and Plaintiff to Defendant, as required, depending on 
who is applying for the divorce.)
I,__________ , of ______________________, Alberta, 
swear/affirm:
PARTIES
1.	I am the spouse of the    (Plaintiff/Defendant)   ,  whose last 
known address is    (address)   . 
SERVICE
2.	I identify the person in the picture attached as Exhibit __ to 
the Affidavit of Service filed herein as my spouse, who is the 
   (Plaintiff/Defendant)    in this action. (If the Defendant has 
not filed a Counterclaim and has been given leave to proceed 
under Rule 12.50(1)(c), replace with "I acknowledge having 
received a copy of the Statement of Claim.")
MARRIAGE
3.	I was married to the Defendant on    (date)    at    (city, 
province and country, if not Canada)   ,  and attached hereto 
and marked as Exhibit __ to this my Affidavit is a Certificate 
of Marriage issued by  _____________________ , which 
accurately sets forth the particulars of my marriage.
[If a marriage certificate cannot be obtained, or if the marriage 
took place outside of Canada, then the marriage must be proved by 
setting out the circumstances of the marriage, using the following 
paragraph:
3.	I was married to the Defendant on      (date)     ,  at      (city, 
province, and country (if not Canada))     , and attached 
hereto and marked as Exhibit __ to this my Affidavit is a 
copy of the      (marriage licence or certificate from a 
religious marriage ceremony or marriage certificate from a 
jurisdiction outside Canada)    . The Defendant and I were 
married in    (location)    before     (name of officiant)    , a 
   (title)    who I understand had authority to perform a 
marriage in the jurisdiction where we married. There were 
two witnesses, namely    (full name)    and    (full name)   . 
During the ceremony, the Defendant and I exchanged 
promises to live together as Husband and Wife, and were 
pronounced to be Husband and Wife. After the ceremony, the 
Defendant and I lived together as Husband and Wife and 
considered ourselves to be legally married under the law and 
held ourselves out to the community as legally married.
It is expected that marriage certificates for marriages performed 
within Canada will be obtained.]
RESIDENCE
4.	I have [or my spouse has] been ordinarily resident in the 
Province of Alberta for a period of at least one year 
immediately preceding the date of filing of the Statement of 
Claim herein.
GROUNDS 
5.	There has been a marriage breakdown which is evidenced by 
the following: (choose those which apply)
	?	I separated from my spouse on    (date)     at    (city/town)   , 
in    (province)   , and have lived separate and apart from my 
spouse since that date, which is a period in excess of one 
year.
	?	My spouse has committed adultery as evidenced by my 
spouse's Affidavit filed herein;
	?	My spouse has treated me with mental and/or physical 
cruelty, particulars of which are as follows:
		[specify the details of the conduct that the applicant alleges 
establishes the existence of 	mental and/or physical cruelty]
BARS TO DIVORCE
6.	I have not entered into any agreement or conspiracy, either 
directly or indirectly, for the purpose of subverting the 
administration of justice, nor have I entered into any 
agreement, understanding, or arrangement to fabricate or 
suppress evidence or to deceive the Court in this action;
[The following two paragraphs are applicable only if the 
breakdown of the marriage occurred as a result of adultery or 
mental and/or physical cruelty]
7.	I have not done anything to encourage my spouse to commit 
the acts complained of, nor have I done anything which 
would have led my spouse to believe that I would agree or 
not object to such acts;
8.	I have not forgiven my spouse for committing the acts 
described herein and have not taken my spouse back to live 
with me as my spouse.
CHILDREN, CHILD CARE AND FINANCIAL ARRANGEMENTS 
FOR CHILDREN
9.	There are ____ children of the marriage, as defined by the 
Divorce Act, (Canada), namely:
(List all dependent children involved in this proceeding, even if no 
claims are being made in relation to those children.)
	_______________________, born ______________;         
	_______________________, born ______________;         
10.	There are in existence the following Court Orders from the 
Court of Queen's Bench of Alberta, the Provincial Court of 
Alberta or any other jurisdiction relating to the children of 
the marriage:
And attached hereto and marked Exhibit __ to this Affidavit is a 
copy of all such orders.
11.	There are in existence the following agreements between the 
parties or with a third party relating to the children of the 
marriage:
	(a)	Agreement,    (dated)    between                 and 
                  , clauses ______ of which relate to the 
children.  (repeat as required)
Attached hereto and marked Exhibit __ to this Affidavit is a copy 
of all agreements between my spouse and me or with a third party 
relating to the children of the marriage.
(if applicable, insert: except Minutes of Settlement pertaining to 
settlement of this action).
(Note: It is optional to attach Minutes of Settlement which pertain 
to the settlement of the action. If the Minutes of Settlement have not 
been attached, details of the provisions relating to the children 
should be described in the list above).
12.	My spouse and I have agreed on a parenting arrangement as 
follows:     (specify parenting arrangements)   
13.	The following arrangements have been made for the support 
of the children of the marriage and it is my belief that these 
arrangements are reasonable arrangements as required by 
paragraph 11(1)(b) of the Divorce Act (Canada):
	(a)	the amount of $_____ per month will be paid by 
_____________for the support of the children of the 
marriage;
	(b)	in addition to any payments made to date, the payments of 
the amount referred to in subclause (a) will or did commence 
on    (date)   .
14.	In support of the proposed arrangements for the support of 
the children, the following information is provided:
	(a)	the Plaintiff's guideline income is determined as follows:
	(i)	employment income of $_________ annually;
	(ii)	income from other sources of $__________; 
	(iii)	for a total income of $______________;
		minus the following adjustments permitted under 
Schedule III of the Federal Child Support Guidelines:
	(iv)	________________;
	(v)	for a guideline income of $______________.
	(b)	the Defendant's guideline income is determined as follows:
	(i)	employment income of $__________________;
	(ii)	income from other sources of $______________; 
	(iii)	for a total income of $___________________;
		minus the following adjustments permitted under 
Schedule III of the Federal Child Support Guidelines:
	(iv)	__________________;
	(v)	for a guideline income of $_________________.
	(c)	the amount of child support payable by _______________  
under the Federal Child Support Guidelines is 
$___________________;
	(d)	special or extraordinary expenses allowable under the 
Federal Child Support Guidelines are:
	(i)	$__ per year babysitting/daycare costs;
	(ii)	$__ per year medical/dental insurance premiums related 
to the children;
	(iii)	$__ per year health-related expenses in excess of 
$100.00;
	(iv)	$__ extraordinary school expenses;
	(v)	$__ post-secondary school expenses;
	(vi)	$__ extraordinary expenses for extracurricular 
activities.
IMPORTANT NOTE:
When no expenses are claimed for babysitting/daycare costs 
and the parent with whom the children live works outside the 
home, please explain why no claim is being made for 
babysitting/daycare. The explanation will help reduce the 
likelihood that the application will be returned with a request 
for more information.
OR
	(d)	there are no special or extraordinary expenses being claimed 
at this time;
	(e)	the    (Plaintiff/Defendant)    will provide medical and dental 
insurance coverage available through employment for the 
children;
(Additional provisions under the Federal Child Support 
Guidelines)
	(f)	provisions for children over the age of majority are: 
   (specify)   
	(g)	split custody;    (specify)   
	(h)	shared custody;    (specify)   
	(i)	there has been a deviation from the Federal Child Support 
Guidelines for the following reasons: (include all relevant 
information to substantiate the deviation and, if undue 
hardship is claimed, state that it is claimed, what it is, and 
set out the standard of living test);
(Optional - if undue hardship is being claimed)
	(j)	I support dependants other than the children of this 
marriage, as follows: (list any other dependants supported 
and the amounts paid in support);
	(k)	my spouse supports dependants other than the children of 
this marriage, as follows:  (list any other dependants 
supported and the amounts paid in support);
	(l)	I do/do not live with another adult who contributes to the 
costs of our household, as follows:
	(m)	my spouse does/does not live with another adult who 
contributes to the cost of their household, as follows:
	(n)	I am currently unemployed and have been unemployed for 
___ months;
	(o)	I do/do not expect to resume employment, as follows:  
(provide any other information, including when employment 
will resume);
	(p)	my spouse is currently unemployed and has been unemployed 
for __ months;
	(q)	my spouse does/does not expect to resume employment, as 
follows:  (provide any other information, including when 
employment will resume);
	(r)	(provide any other information that may be relevant to the 
amount of child support that is required).
15.	In support of arrangements referred to above, the source of 
my knowledge in regard to the above information relating to 
my spouse is as follows:     (specify)   .
SPOUSAL SUPPORT
16.	The following arrangements have been made for spousal 
support:
?	My spouse and I have, by agreement, waived all spousal 
support claims we may have against each other.
OR
?	The Plaintiff (or Defendant) will pay spousal support to the 
Defendant (or Plaintiff) as follows:     (specify)   
RECONCILIATION
17.	There is no possibility of reconciliation between my spouse 
and me.
STATEMENT OF CLAIM FOR DIVORCE
18.	I have read the Statement of Claim for Divorce filed herein 
and the information contained therein is correct.
OR
18.	I have read the Statement of Claim for Divorce filed herein 
and the following things need to be corrected:
(indicate specific corrections required)
Subject to these corrections, the information contained in the 
Statement of Claim for Divorce is correct.
RELIEF REQUESTED
19.	This Affidavit is made in support of an application for:
	(a)	a divorce judgment;
	(b)	an order for a parenting arrangement as set out above;
	(c)	an order for child support as set out above;
	(d)	an order for spousal support as set out above;
	(e)	an order that the husband/wife/both parties maintain the 
health coverage available through employment for the 
children of the marriage;
	(f)	(add such other relief as required);
	(g)	(address costs).
Sworn/Affirmed before me	) 
on  ____________________, 20____,	) 
at                                                , Alberta	)	                                   
(Commissioner for Oaths	) 	 Signature of Applicant 
in and for the Province of Alberta)	)
Form FL-24 
[Rule 12.50(3)]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
WIFE
HUSBAND
DOCUMENT	AFFIDAVIT OF APPLICANTS (JOINT)
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
WIFE
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
HUSBAND
We,  (Wife's name)  , of    (city/town)   , Alberta, and    (Husband's 
name)     , of      (city/town)    , Alberta, severally swear/affirm:
PARTIES
1.	I am the spouse of the other Applicant.  The addresses for the 
Applicants are:
	(a)	for the Wife: _____________; and,
	(b)	for the Husband: __________________.
MARRIAGE
2.	I was married to the other Applicant, on    (date)    at    (city, 
province, and country(if not Canada),    and attached hereto 
and marked Exhibit __ to this Affidavit is a certified copy of 
a Marriage Certificate issued by _______________ which 
accurately sets forth the particulars of our marriage.
[If a marriage certificate cannot be obtained, or if the marriage 
took place outside of Canada, then the marriage must be proved by 
setting out the circumstances of the marriage, using the following 
paragraph:
3.	I was married to the other Applicant on    (date)   ,  at    (city, 
province, and country (if not Canada))   , and attached hereto 
and marked as Exhibit __ to this my Affidavit is a copy of the 
   (marriage licence or certificate from a religious marriage 
ceremony or marriage certificate from a jurisdiction outside 
Canada)   .  The other Applicant and I were married in 
   (location)    before    (name of officiant)   , a    (title)    who 
I understand had authority to perform a marriage in the 
jurisdiction where we married. There were two witnesses, 
namely    (full name)    and    (full name)   . During the 
ceremony, the other Applicant and I exchanged promises to 
live together as Husband and Wife, and were pronounced to 
be Husband and Wife. After the ceremony, the other 
Applicant and I lived together as Husband and Wife and 
considered ourselves to be legally married under the law and 
held ourselves out to the community as legally married.
It is expected that marriage certificates for marriages performed 
within Canada will be obtained.]
RESIDENCE
3.	I have been ordinarily resident in the Province of Alberta for 
a period of at least one year immediately preceding the date 
of the issuance of the Joint Statement of Claim for Divorce 
herein.
	(If one party has not been ordinarily resident in Alberta for 
at least one year preceding the issuance of the Joint 
Statement of Claim for Divorce, use "The Wife/Husband 
has".)
GROUNDS
4.	There has been a marriage breakdown which is evidenced by 
the following:
	I separated from the other Applicant on    (date)    at  
   (city/town)   , in    (province)   , and have lived separate and 
apart from the other Applicant since that date, which is a 
period in excess of one year.
BARS TO DIVORCE
5.	I have not entered into any agreement or conspiracy either 
directly or indirectly for the purpose of subverting the 
administration of justice, nor have I entered into any 
agreement, understanding, or arrangement to fabricate or 
suppress evidence or to deceive the Court in this action;
CHILDREN, CHILD CARE AND FINANCIAL ARRANGEMENTS 
FOR CHILDREN
6.	There are ____ children of the marriage, as defined by the 
Divorce Act (Canada), namely:
	(List all dependent children involved in this proceeding, even 
if no claims are being made in relation to those children.)
	___________________, born ____________________; and
	___________________, born ____________________; and
7.	There are in existence the following Court Orders from the 
Court of Queen's Bench of Alberta, the Provincial Court of 
Alberta or any other jurisdiction relating to the children of 
the marriage:
	And attached hereto and marked Exhibit ___ to this Affidavit 
is a copy of all such Orders.
8.	There are in existence the following agreements between the 
parties or with a third party relating to the children of the 
marriage:
	Agreement    (dated)   , clauses ______ of which relate to the 
children.
	Attached hereto and marked Exhibit __ to this Affidavit is a 
copy of all agreements between the parties or with a third 
party relating to the children of the marriage.
(if applicable, insert: except Minutes of Settlement pertaining 
to settlement of this action).
(Note: It is optional to attach Minutes of Settlement which 
pertain to the settlement of the action. If the Minutes of 
Settlement have not been attached, details of the provisions 
relating to the children should be described in the list above).
9.	The other Applicant and I have agreed on a parenting 
arrangement as follows:     (specify parenting arrangement)   
10.	The following arrangements have been made for the support 
of the children of the marriage and it is my belief that these 
arrangements are reasonable arrangements as required by 
paragraph 11(1)(b) of the Divorce Act (Canada):
	(a)	the amount of $_____ per month will be paid by 
______________ for the support of the children of the 
marriage;
	(b)	in addition to any payments made to date, the payments 
of the amount referred to in subclause (a) will or did 
commence on    (date)    .
11.	In support of the arrangements referred to in clause 10 the 
following information is provided: 
	(a)	the Wife's guideline income is determined as follows:
		(i)	employment income of $_________ annually;
		(ii)	income from other sources of $__________; 
		(iii)	for a total income of $______________;
		minus the following adjustments permitted under 
Schedule III of the Federal Child Support Guidelines:
		(iv)	________________;
		(v)	for a guideline income of $______________.
	(b)	the Husband's guideline income is determined as 
follows:
		(i)	employment income of $__________________;
		(ii)	income from other sources of $_____________; 
		(iii)	for a total income of $___________________;
		minus the following adjustments permitted under 
Schedule III of the Federal Child Support Guidelines:
		(iv)	__________________;
		(v)	for a guideline income of $_________________.
	(c)	the amount of child support payable by 
_______________  under the Federal Child Support 
Guidelines is $___________________;
	(d)	special or extraordinary expenses allowable under the 
Federal Child Support Guidelines are:
		(i)	$__ per year babysitting/daycare costs;
		(ii)	$__ per year medical/dental insurance premiums 
related to the children;
		(iii)	$__ per year health related expenses in excess of 
$100.00;
		(iv)	$__ extraordinary school expenses;
		(v)	$__ post-secondary school expenses;
		(vi)	$__ extraordinary expenses for extracurricular 
activities.
IMPORTANT NOTE:
When no expenses are claimed for babysitting/daycare costs 
and the parent with whom the children live works outside the 
home, please explain why no claim is being made for 
babysitting/daycare. The explanation will help reduce the 
likelihood that the application will be returned with a request 
for more information.
OR
	(d)	there are no special or extraordinary expenses being 
claimed at this time;
	(e)	the    (Husband/Wife)    will provide medical and dental 
insurance coverage available through employment for 
the children;
(Additional provisions under the Federal Child Support 
Guidelines)
	(f)	provisions for children over the age of majority are: 
   (specify)   
	(g)	split custody;    (specify)   
	(h)	shared custody;     (specify)   
	(i)	there has been a deviation from the Federal Child 
Support Guidelines for the following reasons: (include 
all relevant information to substantiate the deviation 
and, if undue hardship is claimed, state that it is 
claimed, what it is, and set out the standard of living 
test)
12.	In support of arrangements referred to above, the source of 
my knowledge in regard to the above information relating to 
the other Applicant is as follows:     (specify)   
SPOUSAL MAINTENANCE
13.	The following arrangements have been made for spousal 
maintenance:
	The other Applicant and I have, by agreement, waived all 
spousal maintenance claims we may have against each other.
OR
	The Wife (or Husband) will pay spousal support to the 
Husband (or Wife) as follows:     (specify)   
RECONCILIATION
14.	There is no possibility of reconciliation between the other 
Applicant and me.
STATEMENT OF CLAIM FOR DIVORCE
15.	I have read the Joint Statement of Claim for Divorce filed 
herein and the information contained therein is correct except 
where otherwise stated in this Affidavit.
OR
15.	I have read the Joint Statement of Claim for Divorce filed 
herein and the following things need to be corrected:
(indicate specific corrections required)
Subject to these corrections, the information contained in the Joint 
Statement of Claim for Divorce is correct.
RELIEF REQUESTED
16.	This Affidavit is made in support of an application for:
	(a)	a divorce judgment;
	(b)	an order for a parenting arrangement as set out above;
	(c)	an order for child support as set out above;
	(d)	an order for spousal support as set out above;
	(e)	an order that the Husband/Wife/both parties maintain 
the health coverage available through employment for 
the children of the marriage;
	(f)	(add such other relief as required);
	(g)	(address costs).
SEVERALLY SWORN (OR AFFIRMED)	) 
BEFORE ME at                                 , Alberta	) 
on ____________________, 20_____,	) 
	) 	                                     
	   ) 	Signature of Wife
Justice of the Peace or Commissioner for 
Oaths in and for the Province of Alberta
SEVERALLY SWORN (OR AFFIRMED) 	) 
BEFORE ME at                                 , Alberta	) 
on ____________________, 20_____,	) 
	) 	                                     
	   ) 	Signature of Husband
Justice of the Peace or Commissioner for 
Oaths in and for the Province of Alberta
Form FL-25 
[Rules 12.50(3)(c) and 12.53(a)]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF
DEFENDANT
DOCUMENT	DIVORCE JUDGMENT            
	(WITHOUT ORAL EVIDENCE)
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
DATE ON WHICH JUDGMENT WAS GRANTED:
NAME OF JUDGE WHO GRANTED THIS JUDGMENT:
UPON THE STATEMENT OF CLAIM FOR DIVORCE coming on 
before the Court this day;
AND UPON READING the pleadings, and the Affidavit(s) of ___; 
IT IS HEREBY ADJUDGED:
THAT the Court grants a Judgment of Divorce between the 
Plaintiff and the Defendant, who were married on    (date)    at 
   (city, province and country, if not Canada)    , the divorce to be 
effective on the 31st day after the day this Judgment is made, 
unless this Judgment is appealed before that 31st day.
		________________________________________
	Justice of the Court of Queen's Bench of Alberta
Consent provided for matter to proceed 
without oral evidence and approved 
as to form by:
                                                                            
Plaintiff/Solicitor for Plaintiff
(if Plaintiff signs, attach Affidavit of Execution)
Consent provided for 
matter to proceed without 
oral evidence and approved  
as to form by:
                                                                                
Defendant/Solicitor for Defendant
(if Defendant signs, attach Affidavit of Execution)
THE SPOUSES ARE NOT FREE TO REMARRY UNTIL THIS 
JUDGMENT TAKES EFFECT, AT WHICH TIME EITHER 
SPOUSE MAY OBTAIN A CERTIFICATE OF DIVORCE FROM 
THIS COURT.  IF AN APPEAL IS TAKEN FROM THIS 
JUDGMENT, IT MAY DELAY THIS JUDGMENT TAKING 
EFFECT. 
[Note: If the parties have made a joint request for divorce in a 
proceeding commenced under Rule 12.13(1), then references to 
Plaintiff and Defendant should be changed to Wife and Husband.] 
Form FL-26 
[Rules 12.50(3)(c) and 12.53(b)]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF
DEFENDANT
DOCUMENT	DIVORCE JUDGMENT AND     
	COROLLARY RELIEF ORDER 
	(WITHOUT ORAL EVIDENCE) 
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
DATE ON WHICH JUDGMENT WAS GRANTED:
NAME OF JUDGE WHO GRANTED THIS JUDGMENT AND 
ORDER:
THE COURT HAS REVIEWED THE STATEMENT OF CLAIM FOR 
DIVORCE AND THE AFFIDAVIT OF THE APPLICANT AND HAS 
BEEN ADVISED OF THE FOLLOWING:
	THE DEFENDANT has a guideline income of $___________;
	THE PLAINTIFF has a guideline income of $______________; 
	THE NAME AND BIRTHDATE of each child of the marriage is 
as follows:
(Indicate full names and dates of birth for 
 each child of the marriage.)
	THE PARTIES have agreed to depart from the Federal Child 
Support Guidelines for the following reasons: (use where 
appropriate and summarize reasons here)
	THE PARTIES have agreed to waive spousal support, and each 
party has had independent legal advice with respect to that 
agreement.  (use where appropriate)
IT IS ADJUDGED:
1.	THAT the Court grants a Judgment of Divorce between the 
Plaintiff and the Defendant, who were married on    (date)    
at    (city, province and country, if not Canada)   , the divorce 
to be effective on the 31st day after the day this Judgment is 
made, unless this Judgment is appealed before that 31st day.
IT IS ORDERED:
2.	(Add such corollary relief clauses as are appropriate in the 
circumstances - see Form FL-27.)
		________________________________________
	Justice of the Court of Queen's Bench of Alberta
Consent provided for matter 
to proceed without oral evidence 
and consented to as to all matters 
of corollary relief by:
____________________________
Plaintiff/Solicitor for Plaintiff 
(if Plaintiff signs, attach  
Affidavit of Execution)
Consent provided for matter to 
proceed without oral evidence 
and consented to as to all          
matters of corollary relief by: 
___________________________
Defendant/Solicitor for Defendant
(if Defendant signs, attach             
Affidavit of Execution)                
THE SPOUSES ARE NOT FREE TO REMARRY UNTIL THIS 
JUDGMENT TAKES EFFECT, AT WHICH TIME EITHER 
SPOUSE MAY OBTAIN A CERTIFICATE OF DIVORCE FROM 
THIS COURT.  IF AN APPEAL IS TAKEN FROM THIS 
JUDGMENT, IT MAY DELAY THIS JUDGMENT TAKING 
EFFECT.
[Where the judgment and corollary relief order are granted 
other than under rule 12.50, the heading and preamble must be 
modified accordingly]
[Note: If the parties have made a joint request for divorce in a 
proceeding commenced under Rule 12.13(1), then references to 
Plaintiff and Defendant should be changed to Wife and Husband.] 
Form FL-27 
[Rule 12.53(c)]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF
DEFENDANT
DOCUMENT	COROLLARY RELIEF ORDER
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
DATE ON WHICH ORDER WAS PRONOUNCED:
NAME OF JUDGE WHO GRANTED THIS ORDER:
THE COURT HAS REVIEWED THE AFFIDAVITS FILED IN 
SUPPORT OF THIS APPLICATION AND HAS BEEN ADVISED 
OF THE FOLLOWING:
	THE DEFENDANT has a guideline income of $___________;
	THE PLAINTIFF has a guideline income of $______________; 
	THE NAME AND BIRTHDATE of each child of the marriage is 
as follows:
(Indicate full names and dates of birth  
for each child of the marriage.)
	THE PARTIES have agreed to depart from the Federal Child 
Support Guidelines for the following reasons: (use where 
appropriate and summarize reasons here)
(In circumstances where a Divorce  
Judgment has already been granted)
	THE PARTIES were divorced by a Divorce Judgment rendered 
on    (date)   ;
IT IS ORDERED THAT:
	(Add such corollary relief clauses as are appropriate in the 
circumstances, numbered consecutively  - see clauses 
below.)
		________________________________________
	Justice of the Court of Queen's Bench of Alberta
Consented to by: (OR Approved as Being the Order granted 
by:)
_____________________________________
Plaintiff (OR Solicitor for the Plaintiff)
(if Plaintiff signs, attach Affidavit of Execution)
AND BY:
_____________________________________
Defendant (OR Solicitor for the Defendant)
(if Defendant signs, attach Affidavit of Execution)
COROLLARY RELIEF CLAUSES
(These clauses are provided as a guide and are variable - 
choose those which apply and make such changes as are 
appropriate in the circumstances.)
1.	The Plaintiff and Defendant shall have joint custody of the 
children of the marriage.  The children shall reside primarily 
with the    (Plaintiff/Defendant)    and the 
   (Defendant/Plaintiff)    shall have reasonable and generous 
parenting time with the children.
2.	The    (Defendant/Plaintiff)    shall have parenting time with 
the children as follows:
3.	The Plaintiff/Defendant shall pay to the Defendant/Plaintiff 
the sum of $__ per month for the support of the child(ren) of 
the marriage, payable on the first day of each month, 
commencing    (date)   .
4.	The  Plaintiff/Defendant shall pay to the Defendant/Plaintiff  
the sum of $__ per month for additional expenses for the 
child of the marriage, payable on the first day of each month, 
commencing    (date   , allocated as follows:
NAME OF 
CHILD
NATURE OF ADD-
ON
AMOUNT OR 
PERCENTAGE



5.	The Plaintiff/Defendant shall provide medical and dental 
insurance coverage for the child/ren of the marriage.
6.	The Plaintiff/Defendant shall pay to the Defendant/Plaintiff 
the sum of $__ per month for a child of the marriage over the 
age of majority, payable on the first day of each month, 
commencing    (date)   .
7.	The Plaintiff/Defendant, having satisfied the Court that 
payment of the full amount of child support prescribed in the 
Federal Child Support Guidelines would cause undue 
hardship to ______________ shall pay to the 
   (Defendant/Plaintiff)    for the support of the child(ren) , the 
sum of $__ per month payable on the first day of each month 
commencing    (date)   .;
	Child support shall be revisited in    (month)    of 
   (year)   , it being determined that the cause of the undue 
hardship should be eliminated by that date.
	Commencing on    (date)   , the    (Plaintiff/Defendant)    
shall pay child support in the amounts prescribed by the 
guidelines, namely $__.
8.	Child support shall not be recalculated by the Child Support 
Recalculation Program.
9.	The Plaintiff/Defendant shall pay spousal support to the 
Defendant/Plaintiff in the sum of $__, payable on the first 
day of each month commencing    (date)   ;
(The following clauses must be included in every support order 
and should not be changed.)
10.	The amounts owing under this Order shall be paid to the 
Director of Maintenance Enforcement ("MEP"), 7th Floor 
North, 10355 - 97 Street, Edmonton, Alberta, T5J 3W7, 
780-422-5555 (website: www.albertamep.gov.ab.ca) and 
shall be enforced by MEP on the filing of the Order with 
MEP by the creditor (recipient of support) or debtor (payor of 
support). The amounts owing shall continue to be enforced 
by MEP until the party who filed this Order gives MEP 
notice in writing withdrawing this Order from filing in 
accordance with section 9 of the Maintenance Enforcement 
Act.
11.	Each party shall provide the other party with a complete copy 
of his or her income tax return and any notices of assessment 
and reassessment issued to him or her by the Canada 
Customs and Revenue Agency on an annual basis, on or 
before June 30 of each year, as long as there is a child of the 
marriage as defined by the Divorce Act (Canada).  In the 
event that a party has not filed an income tax return for the 
previous year, he or she shall provide the other party with 
copies of his or her T4, T4A, and all other relevant tax slips 
and statements disclosing any and all sources of income, 
including self-employment income.  
Form FL-28 
[Rule 12.53(d)]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF
DEFENDANT
DOCUMENT	VARIATION ORDER
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
DATE ON WHICH ORDER WAS PRONOUNCED:
NAME OF JUDGE WHO MADE THIS ORDER:
THE COURT HAS REVIEWED THE AFFIDAVITS FILED IN 
SUPPORT OF THIS APPLICATION AND HAS BEEN ADVISED 
OF THE FOLLOWING:
	THE DEFENDANT has a guideline income of $___________;
	THE PLAINTIFF has a guideline income of $______________; 
	THE NAME AND BIRTHDATE of each child of the marriage is 
as follows:
(Indicate full names and dates of  
birth for each child of the marriage.)
	THE PARTIES have agreed to depart from the Federal Child 
Support Guidelines for the following reasons: (use where 
appropriate and summarize reasons here)
IT IS ORDERED THAT pursuant to the Divorce Act (Canada), 
the Judgment/Order rendered/pronounced    (date)   ,  by the 
Honourable Justice    (Judge's name)    is hereby varied as 
follows:
1.	Clause _______ is varied to provide that (use such corollary 
relief clause as is appropriate);
2.	Clause ________ is varied to provide that (use such corollary 
relief clause as is appropriate);
		________________________________________
	Justice of the Court of Queen's Bench of Alberta
APPROVED AS TO FORM AND CONTENTS: 
(or) CONSENTED TO BY:
_____________________________________
Plaintiff (OR Solicitor for the Plaintiff) 
(if Plaintiff signs, attach Affidavit of Execution)
AND BY:
_______________________________________
Defendant (OR Solicitor for the Defendant) 
(if Defendant signs, attach Affidavit of Execution)
Form FL-29 
[Rule 12.53(e)]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF (indicate if Applicant)
DEFENDANT (indicate if Applicant)
DOCUMENT	ORDER FOR EXCLUSIVE POSSESSION 
		OF MATRIMONIAL/PRIMARY HOME      
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
DATE ON WHICH ORDER WAS MADE:
NAME OF JUDGE WHO MADE THIS ORDER:
THE COURT HAS REVIEWED THE AFFIDAVIT(S) OF 
_____________________ FILED IN SUPPORT OF THIS 
APPLICATION AND HAS BEEN ADVISED OF THE 
FOLLOWING:
	(Add any other points that were significant in the granting of 
the Order, including which parties appeared at the 
application, whether or not they were represented by 
Counsel, and why the Order was necessary )
IT IS ORDERED THAT:
1.	The Applicant,    (name)   , is hereby granted exclusive 
possession of the matrimonial/primary home and the contents 
of the matrimonial/primary home located at    (address)   ;
2.	The Respondent,    (name)   , shall vacate the 
matrimonial/primary home as of    (indicate time of day)    on 
   (date)   ;
3.	Effective    (date and time indicated in clause 2)   , the 
Respondent is restrained from entering or attending at or 
within    (exact distance according to circumstances)    
metres of the matrimonial/primary home [except as required 
to exercise court ordered access - use this or change 
according to circumstances if there is an order for access in 
place]
4.	The Applicant is hereby granted exclusive possession and use 
of the    (specify)    motor vehicle.
5.	A copy of this Order shall be forthwith served personally on 
the Respondent.
6.	On the Respondent being in breach of any of the terms of this 
Order, any Police Officer is authorized to forthwith arrest the 
Respondent, and bring the Respondent, as soon as possible, 
before a Justice of the Court of Queen's Bench of Alberta to 
show reason why there should not be a finding of civil 
contempt.  However, the Respondent shall not be arrested 
unless the Respondent has previously been served with a 
copy of this Order, or if not served, is shown a copy of this 
Order by the Police Officer and, on being given an 
opportunity to do so, does not then obey it.
7.	It is further ordered that in making an arrest under this Order, 
a Police Officer is authorized to do anything necessary to 
carry out the arrest, including the use of as much reasonable 
force as may be necessary to make the arrest, and without 
warrant to enter any place where, on reasonable and probable 
grounds, the Police Officer believes that the Respondent may 
be found.
8.	This Order is sufficient authority for the keeper of a 
correctional institution to hold the Respondent in custody 
pending appearance before a Justice of the Court of Queen's 
Bench of Alberta.
9.	This Order remains in effect up to and including the 
__________ day of _________, 20______.  However, it 
ceases to have any force and effect on this action being 
discontinued or on the trial of this matter unless continued by 
order of the Court.
10.	Either party may apply to vary or strike this Order on 
providing notice to the other party 5 days or more before the 
date the application is scheduled to be heard or considered.
11.	A civil enforcement agency has authority, after service of this 
Order has been effected, to evict the Respondent from the 
land.
		________________________________________
	Justice of the Court of Queen's Bench of Alberta
APPROVED AS TO FORM AND CONTENTS 
OR CONSENTED TO BY:
_______________________________________
Plaintiff (OR Solicitor for the Plaintiff) 
(if Plaintiff signs, attach Affidavit of Execution)
AND BY:
_______________________________________
Defendant (OR Solicitor for the Defendant) 
(if Defendant signs, attach Affidavit of Execution)
Form FL-30 
[Rule 12.53(f)]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
APPLICANT(S)
RESPONDENT
DOCUMENT	RESTRAINING ORDER  
	WITHOUT NOTICE       
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
DATE ON WHICH ORDER WAS PRONOUNCED:
NAME OF JUDGE WHO MADE THIS ORDER:
	ON THE APPLICATION of the Applicant,    (name)   ; AND 
ON having heard representations of the Applicant; AND ON having 
read the Declaration/Affidavit/Questionnaire of the Applicant, 
filed;  AND ON NOTING that the Court is satisfied, pursuant to 
Rule 6.4 of the Alberta Rules of Court, that no notice to the 
Respondent is necessary or that serving notice of the application on 
the Respondent might cause undue prejudice to the Applicant;
IT IS ORDERED THAT:
1.	The Respondent,    (name)   , is specifically restrained from 
being within 200 metres of:
	(a)	the Applicant's residence:               (address)                
	(b)	the Applicant's place of employment:      (address)      
	(c)	the Applicant's other addresses:           (addresses)          
or from being within 100 metres of the Applicant anywhere else in 
the Province of Alberta [except as required to exercise court 
ordered access - use this or change according to circumstances if 
there is an order for access in place]
2.	The Respondent is restrained from harassing, molesting, 
watching, following, telephoning, or otherwise interfering 
with or contacting the Applicant, either directly or indirectly, 
and either personally or by agent, anywhere in the Province 
of Alberta.
3.	A copy of this Order, together with a copy of the 
Affidavit/Declaration/Questionnaire relied on in support of 
the application, shall forthwith be personally served on the 
Respondent.
4.	On the Respondent being in breach of any of the terms of this 
Order, any Police Officer is authorized to forthwith arrest the 
Respondent, and bring the Respondent, as soon as possible, 
before a Justice of the Court of Queen's Bench of Alberta to 
show reason why there should not be a finding of civil 
contempt.  However, the Respondent shall not be arrested 
unless the Respondent has previously been served with a 
copy of this Order, or if not served, is shown a copy of this 
Order by the Police Officer and, on being given an 
opportunity to do so, does not then obey it.
5.	IT IS FURTHER ORDERED THAT, in making an arrest 
under this Order, a Police Officer is authorized to do 
anything necessary to carry out the arrest, including the use 
of as much reasonable force as may be necessary to make the 
arrest, and without warrant to enter any place where, on 
reasonable and probable grounds, the Police Officer believes 
that the Respondent may be found.
6.	This Order is sufficient authority for the keeper of a 
correctional institution to hold the Respondent in custody 
pending appearance before a Justice of the Court of Queen's 
Bench of Alberta.
7.	This Order remains in effect up to and including the 
______________ day of ______________, 20___.  This 
matter will be back before the Court on that day at 10:00 a.m. 
so that the Court may consider whether to renew the Order 
for a further period of time.  If the Respondent wishes to 
appear on that date, the Respondent shall file with this 
Honourable Court such affidavits as the Respondent intends 
to rely on, and shall serve copies of those Affidavits on the 
Applicant no later than the _________________ day of 
______________, 20___, by delivering copies to the address 
for service of legal documents given by the Applicant.  If the 
Respondent does not appear, an order may be granted in the 
Respondent's absence.
8.	Either party may apply to amend, vary, or strike out the 
within Order on providing notice to the other party 5 days or 
more before the date the application is scheduled to be heard 
or considered.
		________________________________________
	Justice of the Court of Queen's Bench of Alberta
Form FL-31 
[Rule 12.53(g)]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
APPLICANT
RESPONDENT
DOCUMENT	RESTRAINING ORDER
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
DATE ON WHICH ORDER WAS PRONOUNCED:
NAME OF JUDGE WHO MADE THIS ORDER:
	ON THE APPLICATION of the Applicant, ____________; 
AND ON having heard representations by or on behalf of the 
Applicant and representations by or on behalf of the Respondent 
(or on proof of service on the Respondent);
	(where applicable)
	AND ON reviewing the Restraining Order without Notice 
granted by the Honourable Justice    (Judge's name)   , on 
   (date)   ;
	AND ON having read the Affidavit/Declaration of the 
Applicant, filed;
IT IS HEREBY ORDERED:
1.	The Respondent,    (name)   , is specifically restrained from 
being within 200 metres of:
	(a)	the Applicant's residence:           (address)           
	(b)	the Applicant's place of employment:      (address)      
	(c)	the Applicant's other addresses:        (address)       
or from being within 100 metres of the Applicant anywhere else in 
the Province of Alberta  [except as required to exercise court 
ordered access -  use this or change according to circumstances if 
there is an order for access in place]
2.	The Respondent is restrained from harassing, molesting, 
watching, following, telephoning, or otherwise interfering 
with or contacting the Applicant, either directly or indirectly, 
and either personally or by agent, anywhere in the Province 
of Alberta.
3.	A copy of this Order shall forthwith be personally served on 
the Respondent.
4.	On the Respondent being in breach of any of the terms of this 
Order, any Police Officer is authorized to forthwith arrest the 
Respondent, and bring the Respondent, as soon as possible, 
before a Justice of the Court of Queen's Bench of Alberta to 
show reason why there should not be a finding of civil 
contempt.  However, the Respondent shall not be arrested 
unless the Respondent has previously been served with a 
copy of this Order, or if not served, is shown a copy of this 
Order by the Police Officer and, on being given an 
opportunity to do so, does not then obey it.
5.	IT IS FURTHER ORDERED THAT, in making an arrest 
under this Order, a Police Officer is authorized to do 
anything necessary to carry out the arrest, including the use 
of as much reasonable force as may be necessary to make the 
arrest, and without warrant to enter any place where, on 
reasonable and probable grounds, the Police Officer believes 
that the Respondent may be found.
6.	This Order is sufficient authority for the keeper of a 
correctional institution to hold the Respondent in custody 
pending appearance before a Justice of the Court of Queen's 
Bench of Alberta.
7.	This Order remains in effect up to and including the 
______________ day of _______________, 20___.  
However, it ceases to have any force or effect on this action 
being discontinued or on the trial of this matter unless 
continued by order of this Court.
8.	Either party may apply to amend, vary, or strike out the 
within Order on providing notice to the other party 5 days or 
more before the date the application is scheduled to be heard 
or considered.
		_______________________________________
	Justice of the Court of Queen's Bench of Alberta
Form FL-32 
[Rule 12.54]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF
DEFENDANT
DOCUMENT	CERTIFICATE OF DIVORCE
This is to certify that the marriage of    (Plaintiff's full name)     and 
   (Defendant's full name)    that was solemnized on    (date)   , was 
dissolved by a Judgment that became effective on the _______ day 
of ________________, 20____.
Dated at ______________________, Alberta, this _______ day of 
___________, 20__.
__________________________________________________
Clerk of the Court of Queen's Bench of Alberta
[Note: If the parties have made a joint request for divorce in a 
proceeding commenced under Rule 12.13(1), then references to 
Plaintiff and Defendant should be changed to Wife and Husband.] 
Form FL-33 
[Rule 12.61(1)(a)]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
APPELLANT
RESPONDENT
DOCUMENT	NOTICE OF APPEAL - PROVINCIAL 
	COURT ORDER (FAMILY LAW ACT)
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE TO THE RESPONDENT(S)
The appellant has filed an appeal in this matter. You are a 
respondent. You have the right to state your side of this matter 
before the Court.
To do so, you must be in Court at the initial court appearance as 
shown below:
	Date	___________________
	Time	___________________
	Where	___________________
	Before Whom	___________________
At the initial court appearance, the Court will set a date for the 
appeal to be heard, provide further direction regarding the 
manner in which the appeal will be heard, and address any other 
preliminary matters which the parties may wish to raise with the 
Court in advance of the appeal hearing, including any evidence 
the Court may permit or require to be given.
Go to the end of this document to see what else you can do and 
when you must do it.
Nature of appeal to be put before the Court
1.	The appellant appeals to the Court of Queen's Bench of 
Alberta, the decision of Provincial Court Judge    (Name of 
Judge)    sitting at    (city/town)   , Alberta, who on    (date of 
Provincial Court hearing)   , 20     , made a    (type of 
order)    Order.
Grounds on which the appeal is based
2.	(specify)
Nature of order or other relief sought
3.	(specify)
4.	In addition to the appeal of the decision of the Provincial 
Court Judge, the appellant will also request an order for the 
following other relief:  (specify, for example: a stay of 
execution of the order appealed pending the hearing of the 
appeal; permission to introduce new evidence; other).
Evidence to be used in support of this appeal
5.	The record of the evidence taken, including the transcript, 
and all other material in the possession of the Provincial 
Court that pertains to the matter being appealed.
6.	Any further evidence that the Court may require or permit to 
be given, including:  (specify)
WARNING
If you do not come to Court either in person or by your lawyer, 
the Court may give the appellant what the appellant wants in 
your absence.  You will be bound by any order that the Court 
makes, or another order might be given or other proceedings 
taken which the appellant is entitled to without any further 
notice to you.  If you want to state your side of this matter 
before the Court, you or your lawyer must attend in Court on the 
date and at the time shown above.  If you intend to ask the Court 
for permission to introduce new evidence when the appeal is 
heard or considered, you must give reasonable notice of your 
intention to the appellant.
Form FL-34
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	ADULT'S STATEMENT -   
	GUARDIANSHIP OF CHILD
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                              , swear/affirm that:
(Choose one)
1.	?	I am a parent of the child(ren).
	?	I am an adult who has had care and control of the 
child(ren) since    (date)   .
2.	My relationship to the child(ren) is    (father, aunt, etc.)   .
I provide details of my relationship with the child(ren) as follows: 
   (Give details of time spent with the child(ren), how often, what 
responsibilities you carry for the child(ren), etc.)   
3.	I ask the Court to appoint me to be a guardian of the 
child(ren). I am suitable, able and willing to be the 
child(ren)'s guardian.
4.	I live in    (city, province)   .  The child(ren) live in    (city, 
province)   .
5.	To the best of my knowledge, I have listed all the current 
guardians of the child(ren) as Respondents in this application.
6.	The child(ren) reside(s) with    (name and relationship to the 
child(ren))   .	
(Choose all that apply)
7.	I believe this child (these children) over 12 years of age:  
	?	consent(s) to my application:    (list names of 
child(ren) you believe do(es) consent)   .  I have the 
following reasons to believe they consent:
	?	do(es) not consent to my application:    (list names of 
child(ren) you believe do(es) not consent)   . I ask the 
Court to appoint me as guardian anyway.
8.	I believe my guardianship is in the child(ren)'s best interests 
because:  (You may wish to refer to section 18 of the Family 
Law Act regarding the best interests of the child.)
9.	I have the following other information in support of my 
application:
Sworn/Affirmed before me	) 
on  ____________________, 20____,	) 
at                                                , Alberta	)	                                   
	   )	Applicant's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-35
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	CHILD'S STATEMENT -   
	GUARDIANSHIP OF CHILD
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                           , swear/affirm that:
1.	I am a child in this matter. My birthdate is 	.
2.	I live with    (name and relationship to the child)   .
(Choose one)
3.	?	I believe I have no guardians.
	?	In my opinion, none of my current guardians are able 
or willing to be my guardian. To the best of my 
knowledge, I have listed all of my current guardians 
as Respondents.
4.	I ask the Court to appoint the following person/people to be 
my guardian(s):    (name and relationship to the child)   
5.	I believe the person/people named in paragraph 4 is/are 
suitable, able and willing to be my guardian.
6.	I live in    (Province)   .  The person/people named in 
paragraph 4 live(s) in    (Province)   .
(Check only if applicable)
7.	?	I ask the Court to terminate the guardianship of my 
current guardians because they are not able or willing to be 
my guardian.
8.	I believe this application is in my best interests because:
9.	I have the following other information in support of my 
application:
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta	)	                                   
	   )	Applicant's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-36
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	STATEMENT - TERMINATE 
		GUARDIANSHIP                  
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I, 	, swear/affirm that:
1.	To the best of my knowledge, I have listed all the current 
guardians of the child(ren) as Respondents to my application.
2.	I ask the Court to terminate the guardianship of the following 
guardian(s):
(Choose one. Attach copy of Guardianship Order if one has been 
granted.)
3.	?	I am a guardian of the child(ren).
	?	I am applying to be appointed a guardian of the 
child(ren)
4.	My relationship to the child(ren) is                          .
5.	The child(ren) live(s) with    (name and relationship to the 
child(ren))   .
6.	I believe this child (these children) over 12 years of age:
	?	consent(s) to terminating guardianship    (list names 
of child(ren) you believe do(es) consent)   .  I have 
the following reasons to believe they consent:
	?	do(es) not consent to terminating guardianship    (list 
names of child(ren) you believe do(es) not consent)   .  
I ask the Court to terminate guardianship anyway.
7.	I believe it is in the child(ren)'s best interests to terminate the 
guardianship of the person/people listed in paragraph 2 
because: 
8.	I have the following other information in support of my 
application:
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Applicant's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-37
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	STATEMENT - REVIEW OF 
		GUARDIAN'S SIGNIFICANT 
		DECISION                            
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                       , swear/affirm that:
1.	I am a guardian of the child(ren). My relationship to the 
child(ren) is    (father, aunt, etc.)   .
2.	To the best of my knowledge, I have listed all the other 
guardians of the child(ren) as Respondents in this application.
3.	The child(ren) reside(s) with    (name and relationship to the 
child(ren))   .
4.	I ask the Court to review the following decision made by: 
   (name)   
5.	The decision described in paragraph 4: (provide details for 
any box checked)
	?	involves a serious risk to the health or safety of the 
child(ren);
	?	is likely to have serious long-term consequences for 
the child(ren).
6.	I ask the Court to:
	?	provide advice and directions (guidance) about the 
decision.
	?	change the decision as follows:
7.	I believe this review of the guardian's decision is in the 
child(ren)'s best interests because:    (specify)   
8.	I have the following other information in support of my 
application:    (specify)   
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Applicant's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-38
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	STATEMENT - COURT DIRECTION  
		FOR GUARDIAN                               
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                , swear/affirm that:
1.	I am a guardian of the child(ren) and I was appointed a 
guardian by:
	?	the Court. (attach copy of Order)
	?	a will or a deed. (attach copy of will or deed)
2.	My relationship to the child(ren) is    (father, aunt, etc.)   .
3.	To the best of my knowledge, I have listed all the current 
guardians of the child(ren) as Respondents in this application.
4.	The child(ren) reside(s) with    (name and relationship to the 
child(ren))   .
5.	I ask the Court to provide direction (guidance) about the 
following question(s) affecting the child(ren):    (specify)   
6.	I have the following other information in support of my 
application:    (specify)   
Sworn/Affirmed before me	) 
on ____________________, 20___	) 
at                                                , Alberta.	)	                                   
	   )	Applicant's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-39
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	STATEMENT - PARENTING
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                     , swear/affirm that:
(Choose one)
1.	?	I am a guardian of the child(ren).
	?	I am applying to be a guardian of the child(ren).
2.	My relationship to the child(ren) is    (father, aunt, etc.)   .
3.	The other guardian(s) and I live separate and apart.
4.	I want the parenting time to be shared between the 
Respondent(s) and me as follows:
(Complete only if applicable)
5.	I am willing to have the following conditions placed on my 
parenting time:
(Complete only if applicable)
6.	I want conditions on the Respondent's parenting time as 
follows:
7.	The following decisions about the child(ren) should be:
	1.	shared with Respondent.
	2.	Applicant's responsibility only.
	3.	Respondent's responsibility only.
(Complete one for each statement)
	1.	2.		3.
?	?	?	the child(ren)'s place of residence;
?	?	?	the child(ren)'s education;
?	?	?	the child(ren)'s extracurricular school 
activities;
?	?	?	the child(ren)'s cultural upbringing;
?	?	?	the child(ren)'s spiritual upbringing;
?	?	?	whom the child(ren) will associate with;
?	?	?	whether the child(ren) should work and, if so, 
the details of the work;
?	?	?	give consent to health-related treatment for 
the child(ren);
?	?	?	give consent of a parent or guardian where 
required;
?	?	?	receive and respond to any notice to a parent 
or guardian;
?	?	?	deal with any legal proceedings relating to 
the child(ren);
?	?	?	appoint a person to act on behalf of the 
guardian in an emergency situation or when 
the guardian is temporarily absent;
?	?	?	receive any health, educational and other 
information that may significantly affect the 
child(ren);
?	?	?	other:
8.	My requests are in the child(ren)'s best interests because:
9.	I have the following other information in support of my 
application:
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Applicant's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-40
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	STATEMENT - PARENTING  
		(SOLE GUARDIAN)              
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                            , swear/affirm that:
1.	My relationship to the child(ren) is    (father, aunt, etc.)   .
2.	The child(ren) live(s) with 	.
(Choose all that apply)
3.	?	I have been married to the other parent of the 
child(ren).
	?	I have been the adult interdependent partner of the 
other parent of the child(ren).
	?	I have lived with the other parent of the child(ren).
	?	The child(ren) have lived with the other parent.
	?	None of the above.
4.	(Explain any boxes you checked in paragraph 3 other than 
"none of the above")
5.	I believe there are no other guardians of the child(ren).
6.	The other parent has the following involvement with the 
child(ren):
(Choose one)
7.	?	There are no court orders involving the child(ren)
	?	I attach copies of court orders involving the 
child(ren)
8.	I need a Parenting Order because:    (specify)   
9.	My request is in the child(ren)'s best interests because:
10.	I have the following other information in support of my 
application:    (specify)   
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Applicant's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-41
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	STATEMENT - VARY PARENTING
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I ,                                      , swear/affirm that:
(Choose one)
1.	?	I am a guardian of the child(ren).
	?	I am applying to be a guardian of the child(ren).
2.	My relationship to the child(ren) is    (father, aunt, etc.)   .
3.	The other guardian(s) and I live separate and apart.
4.	I attach a copy of the Parenting Order dated    (date)    that I 
want to change. If the Parenting Order has had other changes 
made to it, I attach copies of those changes also.
5.	Since the order was made, the following circumstances have 
changed:
(Choose all that apply)
6.	I want to change the following in the Parenting Order:
	?	the parenting time schedule (go to paragraph 7).
	?	the conditions on the Respondent's or my parenting 
time (go to paragraph 8).
	?	who makes certain decisions about the children (go 
to paragraph 9 and check only the boxes where you 
want a change).
(Complete only if applicable)
7.	I want the parenting time to be shared between the 
Respondent(s) and me as follows:    (specify)   
(Complete only if applicable)
8.	I ask the Court to change the conditions on the Respondent's 
or my parenting time as follows:    (specify)   
9.	The following decisions about the child(ren) should be:
	1.	shared with Respondent.
	2.	Applicant's responsibility only.
	3.	Respondent's responsibility only.
(Complete one for each statement)
	1.	2.		3.
?	?	?	the child(ren)'s place of residence;
?	?	?	the child(ren)'s education;
?	?	?	the child(ren)'s extracurricular school 
activities;
?	?	?	the child(ren)'s cultural upbringing;
?	?	?	the child(ren)'s spiritual upbringing;
?	?	?	whom the child(ren) will associate with;
?	?	?	whether the child(ren) should work and, if so, 
the details of the work;
?	?	?	give consent to health-related treatment for 
the child(ren);
?	?	?	give consent of a parent or guardian where 
required;
?	?	?	receive and respond to any notice to a parent 
or guardian;
?	?	?	deal with any legal proceedings relating to 
the child(ren);
?	?	?	appoint a person to act on behalf of the 
guardian in an emergency situation or when 
the guardian is temporarily absent;
?	?	?	receive any health, educational and other 
information that may significantly affect the 
child(ren);
?	?	?	other:
10.	My requests are in the child(ren)'s best interests because:
11.	I have the following other information in support of my 
application:
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Applicant's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-42
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	STATEMENT - CONTACT
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                        , swear/affirm that:
1.	I am not a guardian of the child(ren).
2.	My relationship to the child(ren) is    (father, aunt, etc.)   .
(Choose one)
3.	?	I am a parent of the child(ren).
	?	I am a person standing in the place of a parent to 
the child(ren). (describe in paragraph 8 below)
	?	I am a grandparent of the child(ren) whose contact 
with the child(ren) has been interrupted by:
		?	the separation of the parents which 
occurred    (approximate date)   .
		?	the death of the    ( father or mother)    who 
died on    (approximate date)   .
	?	I am none of the above, but I have obtained leave 
of the Court to commence this application.  (attach 
copy of court order)
4.	The child(ren) live(s) with                      .
(Choose any applicable statements)
5.	I want the following contact with the child(ren):
	?	visits: (provide dates and times that would be most 
suitable)
	?	oral communication.
	?	written communication.
	?	other method of communication: (provide 
specifics)
6.	I last had contact with the child(ren)    ( date)   .
7.	I believe the contact I am applying for is in the child(ren)'s 
best interests because:    (specify)   
8.	I believe the Respondent's denial of contact between the 
child(ren) and me is unreasonable because:     (specify)   
9.	I have the following other information in support of my 
application:     (specify)   
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta	)	                                   
	   )	Applicant's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-43
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	STATEMENT - VARY CONTACT
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                        , swear/affirm that:
(Choose one)
1.	?	I am a person allowed to have contact with the 
child(ren) according to a court order.
	?	I am a guardian of the child(ren).
2.	My relationship to the child(ren) is    (father, aunt, etc.)   .
3.	I attach a copy of the Contact Order I want to change dated 
   (date)   .
4.	The child(ren) live(s) with                        .
5.	Since the Contact Order, circumstances have changed as 
follows:     (specify)   
(Choose any applicable statements)
6.	I want the Court to change the existing Contact Order as 
follows:
	?	no contact of any type.
	?	visits: (provide dates and times that would be most 
suitable)
	?	oral communication.
	?	written communication.
	?	other method of communication: (provide 
specifics)
7.	I believe the change I have requested is in the best interests 
of the child(ren) because:     (specify)   
8.	I have the following other information in support of my 
application:     (specify)   
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Applicant's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-44
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	STATEMENT - LEAVE OF COURT  
		(TO APPLY FOR CONTACT)          
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                        , swear/affirm that:
1.	I am not a parent of the child(ren) or a person standing in the 
place of a parent to the child(ren). I ask the Court for leave to 
make an application for contact with the child(ren).
2.	My relationship to the child(ren) is    (aunt, uncle, etc.)   .
3.	The child(ren) reside(s) with                           .
4.	I have the following relationship with the child(ren):
5.	I last had contact with the child(ren)    (date)   .
6.	It is in the child(ren)'s best interests for the Court to order 
contact between the child(ren) and me because:
7.	I have the following other information in support of my 
application:
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Applicant's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-45
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	STATEMENT - CHILD SUPPORT
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                        , swear/affirm that:
(Choose one)
1.	?	I am a parent or guardian of the child(ren) and the 
child(ren) is/are in my care.
	?	I am a person who has care and control of the 
child(ren). I am the child(ren)'s    (aunt, uncle 
etc.)   .
	?	I am applying to be a guardian of the child(ren).
	?	I am the child (one of the children). My birthdate is 
                          and I am                   years old.
	?	I have permission from the Court to apply (attach 
court order granting leave to apply for child 
support).
(Fill in the names of the children if different statements apply to 
different children)
2.	The Respondent is:
	?	a parent of the child(ren).
	?	a person standing in the place of a parent to the 
child(ren). The Respondent showed an intention to 
treat the child(ren) as his/her own in the following 
ways:
3.	The child(ren):  (Choose one)
	?	live with me all the time.
	?	live with the Respondent as follows:
4.	I do not have a court order for child support.
(Fill in the names of the children if different statements apply to 
different children)
5.	?	I do have a written agreement for child support. 
(attach a copy)
	?	I do not have a written agreement for child support.
(Complete if child is 18 years or over)
6.	The following children are 18 years of age or over and need 
child support because they are full-time students at the 
following institutions: (attach proof of attendance)
	Child	Date of birth	Institution 
              	                        	                         
              	                        	                        
(Choose one statement for each child)
7.	?	I have no special expenses for the child(ren).
	?	I have special expenses for the child(ren). I attach a 
Special Expense List and receipts.
(Special expenses generally include child care expenses, medical 
and dental insurance premiums, health-related expenses, expenses 
for post-secondary education, and extraordinary expenses for 
extracurricular activities and school education.)
8.	My annual total income for the last three years was:
	20       $                .
	20       $                .
	20       $                .
	I expect my gross annual income this year to be $                 .
	Currently, I earn income from                           .
(Choose all that apply)
9.	?	I want financial information from the Respondent. 
(attach written request for financial information)
	?	I made a written request for financial information 
from the Respondent on    (date)   :
		?	The Respondent has responded. I attach the 
documents from the Respondent.
		?	The Respondent has not responded. I attach 
a copy of my written request given to the 
Respondent.
	?	I believe the Respondent's annual income should 
be set at $                            .
	?	I know the following facts about the Respondent's 
employment, training, health and ability to work:
(Choose one)
10.	?	I attach calculations showing how much I believe 
the Respondent should pay according to the child 
support guidelines. (attach calculations)
	?	I did not attach calculations.
11.	Child support payments should start on    (date)   .
12.	I have the following other information in support of my 
application:
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Applicant's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
(Fill in if applicable)
Special Expense List
Name of child(ren):




Child care expenses




-	amount charged by 
caregiver or day care
$
$
$
$
-	parent's portion of day 
care costs
$
$
$
$
Medical and/or dental insurance 
premiums
$
$
$
$
Health-related expenses 
(exceeding insurance reimbursement 
by at least $100 annually)
$
$
$
$
Extraordinary primary/ 
secondary school expenses
$
$
$
$
Expenses for post-secondary 
education
$
$
$
$
Extraordinary expenses for 
extracurricular activities
$
$
$
$
Details of above expenses: (include description of each health, 
school and extracurricular expense)
ATTACH RECEIPTS
Form FL-46
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	RECIPIENT'S STATEMENT -  
		VARY CHILD SUPPORT        
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                        , swear/affirm that:
(Choose one)
1.	?	I am a parent or guardian of the child(ren) and the 
child(ren) is/are in my care.
	?	I am a person who has care and control of the 
child(ren). I am the child(ren)'s    ( aunt, uncle, 
etc.)   .
	?	I am the child (one of the children). My birthdate is 
                          and I am                          years old.
2.	I attach a copy of the Child Support Order I want to change 
dated                                       .
(Choose all that apply)
3.	Since the Child Support Order was made, circumstances have 
changed as follows:
	?	my financial position has changed.
	?	I believe the Respondent's financial position has 
changed.
	?	the special expenses for the child(ren) have 
changed and I attach a Special Expense List and 
receipts.
		(Special expenses generally include child care 
expenses, medical and dental insurance premiums, 
health-related expenses, expenses for post-
secondary education, and extraordinary expenses 
for extracurricular activities and school 
education.)
	?	the child(ren) live with the Respondent as follows:
	?	other changes:    (specify)   
(Complete if child is 18 years or over)
4.	The following children are 18 years or over and need child 
support because they are full-time students at the following 
institutions: (attach proof of attendance)
	Child	Date of birth	Institution 
              	                        	                         
              	                        	                        
5.	My annual total income for the last three years was (see line 
150 of tax return):
	20       $                .
	20       $                .
	20       $                .
	I expect my gross annual income this year to be $              .
	Currently, I earn income from                                .
(Choose all that apply)
6.	?	I want financial information from the Respondent. 
(attach written request for financial information)
	?	I made a written request for financial information 
from the Respondent on    (date)   :
		?	The Respondent has responded. I attach the 
documents from the Respondent.
		?	The Respondent has not responded. I attach 
a copy of my written request given to the 
Respondent.
	?	I believe the Respondent's annual income should 
be set at $                            .
	?	I know the following facts about the Respondent's 
employment, training, health and ability to work:
7.	As of    (date)   , the amount of unpaid support arrears was 
$ (arrears)    . (if available, attach a statement of account)
(Choose one)
8.	?	I attach calculations showing how much I believe 
the Respondent should pay according to the child 
support guidelines. (attach calculations)
	?	I did not attach calculations.
9.	The change to child support payments should start on 
   (date)   .
10.	I have the following other information in support of my 
application:
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Applicant's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
(Fill in if applicable)
Special Expense List
Name of child(ren):




Child care expenses




-	amount charged by 
caregiver or day care
$
$
$
$
-	parent's portion of day 
care costs
$
$
$
$
Medical and/or dental insurance 
premiums
$
$
$
$
Health-related expenses 
(exceeding insurance reimbursement 
by at least $100 annually)
$
$
$
$
Extraordinary primary/ 
secondary school expenses
$
$
$
$
Expenses for post-secondary 
education
$
$
$
$
Extraordinary expenses for 
extracurricular activities
$
$
$
$
Details of above expenses: (include description of each health, 
school and extracurricular expense)
ATTACH RECEIPTS
Form FL-47
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	PAYOR'S STATEMENT -  
		VARY CHILD SUPPORT  
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                        , swear/affirm that:
1.	I pay child support to    (recipient's name)    in accordance 
with a Child Support Order. I attach a copy of the Child 
Support Order I want to change dated    (date)   .
(Choose all that apply.  Provide details for any box(es) checked.)
2.	Since the Child Support Order was made, circumstances have 
changed as follows:
	?	my financial position has changed as described 
below:
	?	I believe the Respondent's financial position has 
changed as described below:
	?	I believe the special expenses for the child(ren) 
have changed as described below:
	?	the child(ren) live with me at least 40% of the time 
as described below:
	?	other changes:    (specify)   
3.	My annual total income for the last three years was (see line 
150 of tax return):
	20       $                .
	20       $                .
	20       $                .
	I expect my gross annual income this year to be $               .
	Currently, I earn income from                                              .
(Choose all that apply if the Recipient's income is needed to 
calculate child support)
4.	?	I want financial information from the Recipient. 
(attach written request for financial information)
	?	I made a written request for financial information 
from the Recipient on    (date)   :
		?	The Recipient has responded. I attach the 
documents from the Recipient.
		?	The Recipient has not responded. I attach a 
copy of my written request given to the 
Recipient.
	?	I believe the Recipient's annual income should be 
set at $                   .
	?	I know the following facts about the Recipient's 
employment, training, health and ability to work:
(Choose one)
5.	?	I attach calculations showing how much I believe I 
should pay to the Recipient according to the child 
support guidelines. (attach calculations)
	?	I did not attach calculations.
6.	The change to child support payments should start on 
   (date)   .
7.	As of    (date)   , the amount of unpaid support arrears was 
$    (arrears)    . (if available, attach a statement of account)
(Complete only if there are arrears)
8.	?	I do not ask the Court to reduce the arrears.
	?	I ask the Court to reduce the arrears to $              
because:  (attach financial documentation for each 
year)
(Complete only if applicable)
9.	I propose paying the remaining arrears at a rate of $               
per month.
10.	I have the following other information in support of my 
application:    (specify)   
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Applicant's (Payor's) 		
	Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-48
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	STATEMENT - SPOUSAL /  
		PARTNER SUPPORT        
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                        , swear/affirm that:
(Choose one)
1.	I am applying for:
	?	spousal support from the Respondent.
	?	adult interdependent partner support from the 
Respondent.
2.	The Respondent and I began living together on    (date)   . 
We continued to live together until    (date)   .
(Choose any applicable statements)
3.	I ask the Court for support:
	?	in the amount of $         per month to commence on  
and to continue until    (date)   .
	?	in a lump sum of $          .
	?	other:
(Choose one)
4.	The following one statement applies to this application:
	?	the Respondent and I are living separate and apart.
	?	the Respondent and I are still living together but 
we are experiencing such discord that we cannot 
reasonably be expected to continue to live together.
	?	the Respondent and I are still living together but 
the Respondent has without sufficient cause 
refused or neglected to provide me with the 
necessaries of life.
	?	a declaration of irreconcilability has been granted. 
(attach a copy)
(Complete only if applicable)
5.	There is/are          child(ren) living in my home. They are:
(Complete only if applicable)
6.	?	There is a Child Support Order or agreement to 
support the child(ren) listed in paragraph 5. (attach 
a copy of the Order or agreement)
	?	There is no Child Support Order or agreement to 
support the child(ren) listed in paragraph 5.
(Complete only if applicable)
7.	The Respondent and I have the following agreement(s) 
regarding my support: (attach a copy of the agreement(s))
(Complete only if applicable)
8.	Provide details of why that spousal/partner support 
agreement should or should not be upheld by the Court:
9.	Before my relationship with the Respondent, my financial 
situation, my health and my ability to work were as follows:
10.	During the time the Respondent and I lived together, the 
Respondent and I each contributed towards the household 
expenses as follows:
(Provide details of income including contributions towards 
household expenses from others. Provide financial documents.)
11.	Now that the Respondent and I have separated, my financial 
situation, my health and my ability to work are as follows:
12.	My annual total income for the last three years was (see line 
150 of tax return):
	20       $                .
	20       $                .
	20       $                .
	I expect my gross annual income this year to be $             .
	Currently, I earn income from                  . (attach financial 
documents)
13.	My current monthly household expenses are as outlined in 
the attached budget. (attach a budget)
14.	I am presently unable to fully support myself because:
(Choose all that apply)
15.	?	I want financial information from the Respondent. 
(attach written request for financial information)
	?	I believe the Respondent's annual income should 
be set at $                    .
	?	I know the following facts about the Respondent's 
employment, training, health and ability to work: 
   (specify)   
(Complete only if applicable)
16.	To the best of my knowledge, the Respondent has a legal 
obligation to support the following individuals:    (specify)   
17.	I have the following other information in support of my 
application:    (specify)   
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Applicant's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-49
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	RECIPIENT'S STATEMENT - VARY  
		SPOUSAL / PARTNER SUPPORT   
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                        , swear/affirm that:
1.	There is a court order requiring the Respondent to pay me 
spousal/partner support. I attach a copy of the most recent 
Support Order. (attach a copy)
2.	I ask the Court to change the most recent spousal/partner 
Support Order as follows:
(Check all that apply. Provide details for any box(es) checked.)
3.	Since the most recent spousal/partner Support Order was 
made, circumstances have changed as follows:
	?	my financial position has changed. (attach financial 
documents)
	?	my health/ability to work has changed.
	?	my household expenses have changed. (attach a 
budget)
	?	I believe the Respondent's financial position has 
changed.
	?	other changes:
4.	My annual total income for the last three years was (see line 
150 of tax return):
	20       $                .
	20       $                .
	20       $                .
	I expect my gross annual income this year to be $                 .
	Currently, I earn income from                           . (attach 
financial documents)
(Choose all that apply)
5.	?	I want financial information from the Respondent. 
(attach written request for financial information)
	?	I believe the Respondent's annual income should 
be set at $                     .
	?	I know the following facts about the Respondent's 
employment, training, health and ability to work:
(Specify date and amount of arrears if applicable)
6.	As of    (date)   , the amount of unpaid support arrears was 
$                      .  (if available, attach a statement of account)
7.	I have the following other information in support of my 
application:    (specify)   
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Applicant's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-50
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	PAYOR'S STATEMENT - VARY  
		SPOUSAL / PARTNER SUPPORT
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                        , swear/affirm that:
1.	I pay spousal/partner support to                       in accordance 
with a support order. I attach a copy of the most recent 
support order. (attach a copy)
2.	I ask the Court to change the most recent spousal/partner 
support order as follows:
(Check all that apply. Provide details for any box(es) checked)
3.	Since the most recent spousal/partner support order was 
made, circumstances have changed as follows:
	?	my financial position has changed. (attach 
financial documents)
	?	my health/ability to work has changed.
	?	my household expenses have changed. (attach a 
budget)
	?	I believe the Recipient's ability to support 
herself/himself has changed.
	?	other changes:
4.	My annual total income for the last three years was (see line 
150 of tax return):
	20       $                .
	20       $                .
	20       $                .
	I expect my gross annual income this year to be $             .
	Currently, I earn income from                   . (attach financial 
documents)
(Choose all that apply)
5.	?	I want financial information from the Recipient. 
(attach written request for financial information)
	?	I believe the Recipient's annual income should be 
set at $                                        .
	?	I know the following facts about the Recipient's 
employment, training, health and ability to work:
(Specify date and amount of arrears if applicable)
6.	As of    (date)    , the amount of unpaid support arrears was $ 
                         .  (if available, attach a statement of account)
(Choose one, as applicable. Provide details)
7.	?	I do not ask the Court to reduce the arrears.
	?	I ask the Court to reduce the arrears to $                   
because:
(Complete only if applicable)
8.	I propose paying the remaining arrears at a rate of $            
per month.
9.	I have the following other information in support of my 
application:    (specify)   
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Payor's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-51
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	STATEMENT - ENFORCEMENT 
		OF TIME WITH A CHILD            
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                        , swear/affirm that:
1.	I attach the most recent court order giving me time with the 
child(ren). To my knowledge this order has not been varied. 
(attach a copy)
2.	My relationship to the child(ren) is    (father, aunt, etc.)   .
3.	The Respondent has denied me this time with the child(ren) 
in the following ways: (Be specific as to WHEN, HOW and 
WHY. List all occurrences.)
(Choose all that apply.  Provide details for any box(es) checked.)
4.	I ask the Court to order:
	?	compensatory time with the child(ren).
	?	security from the Respondent.
	?	reimbursement for expenses I have because the 
Respondent denied me time with the child(ren). 
(attach receipts)
	?	other:    (specify)   
(Complete if applicable)
5.	I ask the Court to order:
	?	a fine (money) against the Respondent.
	?	imprisonment of the Respondent.
	?	an enforcement officer to assist me in obtaining 
time with the child(ren).
	?	other: (describe)
	I believe that these terms are necessary in the Enforcement 
Order, because none of the items listed in paragraph 4 will 
help for the following reasons:    (specify reasons)   
6.	I have the following other information in support of my 
application:
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Applicant's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-52
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	STATEMENT - REIMBURSEMENT  
		FOR FAILURE TO EXERCISE TIME
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                        , swear/affirm that:
1.	I am a guardian of the child(ren). I ask the Court to order 
reimbursement for expenses I have because the Respondent 
failed to exercise time with the child(ren).
2.	My relationship to the child(ren) is    (father, aunt, etc.)   .
3.	I attach the most recent court order giving the Respondent 
time with the child(ren). To my knowledge this order has not 
been varied. (attach a copy)
4.	The Respondent failed to exercise time with the child(ren) on 
the following days when I was expecting the child(ren) to be 
with him/her: (Be specific as to WHEN, HOW and WHY. List 
all occurrences.)
5.	I have the following expenses because of the Respondent's 
failure to exercise time with the child(ren): (attach receipts)
6.	I have the following other information in support of my 
application:
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Applicant's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-53
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	STATEMENT - VARY ENFORCEMENT  
		(TIME WITH A CHILD)                           
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                        , swear/affirm that:
1.	I attach the most recent court order giving me time with the 
child(ren). To my knowledge this order has not been varied. 
(attach a copy)
2.	My relationship to the child(ren) is    (father, aunt, etc.)   .
3.	I attach the Enforcement Order I want to change. (attach a 
copy)
4.	Since the Enforcement Order was granted, the following 
circumstances have changed:
(Choose all that apply.  Provide details for any box(es) checked.)
5.	I ask the Court to change the existing Enforcement Order to:
	?	include/remove	compensatory time with the 
child(ren).
	?	include/remove	security from the Respondent.
	?	include/remove	reimbursement for expenses I 
have because the Respondent 
denied me time with the 
child(ren).
	?	include/remove	other:    (specify)   
(Complete if applicable)
6.	I ask the Court to change the existing Enforcement Order to 
   (include or remove)    the following:
	?	a fine (money) against the Respondent.
	?	imprisonment of the Respondent.
	?	an enforcement officer to assist me in obtaining 
time with the child(ren).
	I believe that this order is necessary as none of the items 
listed in paragraph 5 above will be effective for the following 
reasons:
7.	I have the following other information in support of my 
application:
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Applicant's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-54
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	STATEMENT - EXCLUSIVE  
		POSSESSION OF HOME -  
		HOUSEHOLD GOODS        
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                        , swear/affirm that:
(Choose one)
1.	I have also made an application for:
	?	child support.
	?	spousal or adult interdependent partner support.
(Choose all that apply)
2.	I ask the Court to order:
	?	exclusive possession of the primary home.
	?	the Respondent to be evicted from the primary 
home.
	?	the Respondent to be restrained from entering or 
attending at or near the primary home.
	?	exclusive use of the following household goods: 
(Provide detailed description. Include serial 
numbers where available.)
(Complete only if applicable)
3.	When the Respondent and I lived together, we occupied the 
primary home located at    (address: include municipal 
address, and if available, legal description of property   ), 
which is:  (Choose one)
	?	owned by the Respondent.
	?	owned by the Respondent and me.
	?	rented by the Respondent.
	?	rented by the Respondent and me.
	?	other:  (describe)
(Choose all that apply.  Provide details for any box(es) checked.)
4.	I am making this request because:
	?	there is other accommodation available to the 
Respondent.
	?	it is in the child(ren)'s best interests.
	?	I cannot afford other accommodation.
	?	other:    (specify)   
(Complete if applicable)
5.	I propose that expenses for the property or goods be paid as 
follows:   (specify rent, mortgage, utilities, taxes and any 
other expenses)
6.	I have the following other information in support of my 
application:    (specify)   
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Applicant's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-55
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	STATEMENT - PARENTAGE
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                        , swear/affirm that:
(Choose one)
1.	?	I am a person claiming to be a parent of the 
child(ren).
	?	I am a parent of the child(ren) and the child(ren) 
is/are younger than 18.
	?	I am a guardian of the child(ren).
	?	I am a person who has care and control of the 
child(ren).
	?	I am the child (one of the children).
2.	The child(ren) involved in this parentage application are:  
(provide full name and birthdate for each child)
3.	I ask the Court to declare that    (name)     is the:
	?	mother	?	father 
	of the child(ren) because:  (choose all that apply)
	?	a DNA test was done to establish parentage. 
(attach results)
	?	the person was married to the child(ren)'s mother
	Marriage date:                                      
	Separation date: (if applicable)                     
	Divorce date: (if applicable)                          
	?	the person lived with the child(ren)'s mother from 
   (date)    to    (date)   .
	?	the person is registered as a parent of the child(ren) 
in:
		?	Alberta (attach live birth registration)
		?	another province    (name of province)   
	?	another court declared the person was a parent of 
the child(ren) (attach copy of order)
	?	I had sexual intercourse with the Respondent 
during this time period when I believe the 
child(ren) was/were conceived:     (time period)    
	?	the person has accepted she/he is a parent in the 
following ways:  (provide detailed description)
	?	other reasons:    (specify)   .
4.	I have the following other information in support of my 
application:
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Applicant's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-56
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	STATEMENT - IRRECONCILABILITY
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                        , swear/affirm that:
(Choose one)
1.	?	I was married to the Respondent on    (date)    and 
separated from the Respondent on    (date)   .
	?	I was living in an adult interdependent relationship 
with the Respondent from    (date)    and separated 
from the Respondent on    (date)   .
2.	I ask the Court to declare that the Respondent and I have no 
prospect of reconciliation with each other because: 
   (specify)   
3.	I have the following other information in support of my 
application:    (specify)   
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Applicant's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-57
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	REPLY TO ADULT'S STATEMENT -  
		GUARDIANSHIP OF CHILD               
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                        , swear/affirm that:
(Choose one)
1.	?	I am a guardian of the child(ren). My relationship 
to the child(ren) is    (father, aunt, etc.)   .
	?	I am the child (one of the children).
2.	To the best of my knowledge, the (other) guardians of the 
child(ren) are:
3.	The child(ren) live(s) with    (name and relationship to the 
child(ren))   .
(Choose all that apply.  Provide details for any box(es) checked.)
4.	Do not appoint the Applicant as a guardian of the child(ren) 
because:
	?	the Applicant is not able to be a guardian.
	?	the Applicant is not willing to be a guardian.
	?	the Applicant is not suitable to be a guardian.
	?	other reason(s):    (specify)   
(Choose all that apply)
5.	I believe this child (these children) over 12 years of age:  
	?	do(es) not consent to the Applicant becoming a 
guardian:     (list names of child(ren) you believe 
do(es) not consent)   .  I have the following reasons 
to believe they do not consent:
	?	consent(s) to the Applicant becoming a guardian: 
   (list names of child(ren) you believe do(es) 
consent)   . I have the following reasons to believe 
they consent:
6.	I do not believe it is in the best interests of the child(ren) for 
the Applicant to become a guardian because:  (You may wish 
to refer to section 18 of the Family Law Act regarding the 
best interests of the child.)
7.	I have the following other information in reply to the 
Applicant's Claim:    (specify)   
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Respondent's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-58
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	REPLY TO CHILD'S STATEMENT - 
		GUARDIANSHIP OF A CHILD          
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                        , swear/affirm that:
1.	I am a guardian of the child(ren). My relationship to the 
child(ren) is    (father, aunt, etc.)   .
2.	To the best of my knowledge, the other guardians of the 
child(ren) are:
3.	The child(ren) live(s) with    (name and relationship to the 
child(ren))   .
(Choose all that apply.  Provide details for any box(es) checked.)
4.	Do not appoint the proposed guardian as requested by the 
Applicant child because:
	?	the proposed guardian is not able to be a guardian.
	?	the proposed guardian is not willing to be a 
guardian.
	?	the proposed guardian is not suitable to be a 
guardian.
	?	other reason(s):    (specify)   
5.	I do not believe it is in the child(ren)'s best interests to 
appoint the proposed guardian because:  (You may wish to 
refer to section 18 of the Family Law Act regarding best 
interests of the child.)
(Check only if Applicant is asking for termination)
6.	?	I do not believe it is in the child(ren)'s best 
interests to terminate the guardianship as proposed 
by the Applicant child because:    (specify)   
7.	I have the following other information in reply to the 
Applicant's Claim:    (specify)   
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Respondent's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-59
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	REPLY STATEMENT -            
		TERMINATE GUARDIANSHIP
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                        , swear/affirm that:
(Choose one)
1.	?	I am a guardian of the child(ren). My relationship 
to the child(ren) is    (father, aunt, etc.)   .
	?	I am the child (one of the children).
2.	To the best of my knowledge, the other guardians of the 
child(ren) are:
3.	The child(ren) live(s) with    (name and relationship to the 
child(ren))   .
(Choose all that apply.  Provide details for any box(es) checked.)
4.	Do not terminate guardianship as requested by the Applicant 
because:
	?	the guardian is able and willing to be a guardian.
	?	the guardian is suitable to be a guardian.
	?	the guardian does not consent to termination of 
his/her guardianship.
	?	other reason(s):     (specify)   
(Choose all that apply)
5.	I believe this child (these children) over 12 years of age:  
	?	do(es) not consent to terminating guardianship: 
   (list names of child(ren) you believe do(es) not 
consent)   .  I have the following reasons to believe 
they do not consent:
	?	consent(s) to terminating guardianship:    (list 
names of child(ren) you believe do(es) consent)   .  
I have the following reasons to believe they 
consent:
6.	I believe it is not in the child(ren)'s best interests to terminate 
the guardianship as requested by the Applicant because:  
(You may wish to refer to section 18 of the Family Law Act 
regarding the best interests of the child.)
7.	I have the following other information in reply to the 
Applicant's Claim:    (specify)   
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Respondent's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-60
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	REPLY STATEMENT - REVIEW OF      
		GUARDIAN'S SIGNIFICANT DECISION
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                        , swear/affirm that:
(Choose one)
1.	?	I am a guardian of the child(ren). My relationship 
to the child(ren) is    (father, aunt, etc.)   .
	?	I am the child (one of the children).
2.	To the best of my knowledge, the other guardians of the 
child(ren) are:
3.	The child(ren) live(s) with    (name and relationship to the 
child(ren))   .
(Choose all that apply. Provide details for any box(es) checked.)
4.	The decision described by the Applicant:
	?	involves a serious risk to the health or safety of the 
child(ren).
	?	does not involve a serious risk to the health or 
safety of the child(ren).
	?	is likely to have serious long-term consequences 
for the child(ren). 
	?	is not likely to have serious long-term 
consequences for the child(ren).
(Choose all that apply.  Provide details for any box(es) checked.)
5.	I ask the Court to:
	?	provide advice and directions (guidance) about the 
decision.
	?	confirm the decision.
6.	I believe my request is in the child(ren)'s best interests 
because:  (You may wish to refer to section 18 of the Family 
Law Act regarding the best interests of the child.)
7.	I have the following other information in reply to the 
Applicant's Claim:    (specify)   
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Respondent's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-61
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	REPLY STATEMENT - COURT 
		DIRECTION FOR GUARDIAN  
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                        , swear/affirm that:
(Choose one)
1.	?	I am a guardian of the child(ren). My relationship 
to the child(ren) is    (father, aunt, etc.)   .
	?	I am the child (one of the children).
2.	To the best of my knowledge, the other guardians of the 
child(ren) are:
3.	The child(ren) live(s) with    (name and relationship to the 
child(ren))   .
(Choose all that apply.  Provide details for any box(es) checked.)
4.	?	I agree that the Court should give direction 
(guidance) regarding the question asked by the 
Applicant.
	?	I ask the Court to dismiss the Applicant's request 
for directions (guidance) from the Court because:
		?	the Applicant is not a guardian.
		?	the Applicant's guardianship did not come 
from appointment by the Court, by will or 
by deed.
		?	other reason(s):    (specify)   
5.	I have the following other information the Court should know 
if it gives direction (guidance) to the question asked by the 
Applicant:
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Respondent's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-62
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	REPLY STATEMENT - PARENTING
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                        , swear/affirm that:
1.	I am a guardian of the child(ren) named by the Applicant.
2.	My relationship to the child(ren) is    (father, aunt, etc.)   .
(Choose one)
3.	?	I agree with the Applicant's proposed schedule for 
sharing parenting time.
	?	I do not completely agree with the Applicant's 
proposed schedule for sharing parenting time. I 
want the parenting time to be shared between the 
Applicant and me as follows:  (describe schedule 
here or attach schedule)
(If Applicant asks for conditions)
4.	The Applicant asks for conditions on parenting time. I reply 
as follows to these conditions:
5.	The decisions about the child(ren) should be:
	1.	shared with Applicant.
	2.	Applicant's responsibility only.
	3.	Respondent's responsibility only.
(Complete one for each statement)
	1.	2.		3.
?	?	?	the child(ren)'s place of residence;
?	?	?	the child(ren)'s education;
?	?	?	the child(ren)'s extracurricular school 
activities;
?	?	?	the child(ren)'s cultural upbringing;
?	?	?	the child(ren)'s spiritual upbringing;
?	?	?	whom the child(ren) will associate with;
?	?	?	whether the child(ren) should work and, if so, 
the details of the work;
?	?	?	give consent to health-related treatment for 
the child(ren);
?	?	?	give consent of a parent or guardian where 
required;
?	?	?	receive and respond to any notice to a parent 
or guardian;
?	?	?	deal with any legal proceedings relating to 
the child(ren);
?	?	?	appoint a person to act on behalf of the 
guardian in an emergency situation or when 
the guardian is temporarily absent;
?	?	?	receive any health, educational and other 
information that may significantly affect the 
child(ren);
?	?	?	other:
6.	I believe my requests are in the child(ren)'s best interests 
because:
	(You may wish to refer to section 18 of the Family Law Act 
regarding best interests of the child.)
7.	I have the following other information in reply to the 
Applicant's Claim:
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Respondent's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-63
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	REPLY STATEMENT - 
		VARY PARENTING     
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                        , swear/affirm that:
1.	I am a guardian of the child(ren) named by the Applicant.
2.	My relationship to the child(ren) is    (father, aunt, etc.)   .
(Choose one.  Attach a copy of the Parenting Order if the Applicant 
did not.)
3.	Since the Parenting Order dated    (date)    was made:
	?	there has been no change in circumstances.
	?	the following circumstances have changed: 
   (specify)   
(If the Applicant or you want to change the sharing of parenting 
time, choose one)
4.	?	I do not agree the current parenting time should be 
changed at all.
	?	I agree with the changes in parenting time that the 
Applicant requests.
	?	I agree the current parenting time should be 
changed, but I do not agree with the changes that 
the Applicant requests. Instead, I want the 
parenting time to be shared between the Applicant 
and me as follows:  (describe schedule here, or 
attach schedule)
(If the Applicant or you want to change the conditions for 
parenting time, choose one)
5.	?	I agree with the changes to parenting time 
conditions asked for by the Applicant.
	?	I disagree with the changes to parenting time 
conditions asked for by the Applicant. I want 
conditions on
		?	the Applicant's parenting time as follows:
		?	my parenting time as follows:
(If the Applicant or you want to change the sharing of decisions, 
choose one for each change)
6.	The decisions about the child(ren) should be:
	1.	shared with Applicant.
	2.	Applicant's responsibility only.
	3.	Respondent's responsibility only.
(Check only those statements where a change is requested)
	1.	2.		3.
?	?	?	the child(ren)'s place of residence;
?	?	?	the child(ren)'s education;
?	?	?	the child(ren)'s extracurricular school 
activities;
?	?	?	the child(ren)'s cultural upbringing;
?	?	?	the child(ren)'s spiritual upbringing;
?	?	?	whom the child(ren) will associate with;
?	?	?	whether the child(ren) should work and, if so, 
the details of the work;
?	?	?	give consent to health-related treatment for 
the child(ren);
?	?	?	give consent of a parent or guardian where 
required;
?	?	?	receive and respond to any notice to a parent 
or guardian;
?	?	?	deal with any legal proceedings relating to 
the child(ren);
?	?	?	appoint a person to act on behalf of the 
guardian in an emergency situation or when 
the guardian is temporarily absent;
?	?	?	receive any health, educational and other 
information that may significantly affect the 
child(ren);
?	?	?	other:
7.	My requests are in the child(ren)'s best interests because:
	(You may wish to refer to section 18 of the Family Law Act 
regarding best interests of the child.)
8.	I have the following other information in reply to the 
Applicant's Claim:    (specify)   
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Respondent's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-64
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	REPLY STATEMENT - CONTACT
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                        , swear/affirm that:
1.	I am a guardian of the child(ren) the Applicant wants to have 
contact with.
2.	My relationship to the child(ren) is    (father, aunt, etc.)   .
3.	The child(ren) live(s) with                                              .
(Choose any applicable statements)
4.	I do not agree that the Applicant should have the contact with 
the child(ren) the Applicant has requested.  Instead, I ask that 
the Applicant's contact be as follows:
	?	no contact of any type.
	?	visits: (provide dates and times that would be most 
suitable)
	?	oral communication.
	?	written communication.
	?	other method of communication: (provide 
specifics)
5.	The Applicant's contact with the child(ren) should be limited 
to my proposal in paragraph 4 because:
6.	I believe the contact I have proposed for the Applicant is in 
the child(ren)'s best interests because:
	(You may wish to refer to section 18 of the Family Law Act 
regarding best interests of the child.)
7.	I have the following other information in reply to the 
Applicant's Claim:    (specify)   
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Respondent's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-65
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	REPLY STATEMENT - 
		VARY CONTACT         
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                        , swear/affirm that:
(Choose one. Attach a copy of the Contact Order if the Applicant 
did not.)
1.	?	I am a person allowed to have contact with the 
child(ren) according to a court order.
	?	I am a guardian of the child(ren).
2.	My relationship to the child(ren) is    (father, aunt, etc.)   .
3.	The child(ren) live(s) with                                                  .
4.	?	I agree that circumstances have changed since the 
contact order was granted.
	?	There has been no change in circumstances since 
the contact order was granted.
(Choose one)
5.	I do not agree that contact with the child(ren) should be 
changed in the way the Applicant has requested.
	Instead, I request that contact:
	?	continue as it is in the existing contact order.
	?	be changed as follows: (choose any applicable 
statements)
		?	no contact of any type.
		?	visits: (provide dates and times that would 
be most suitable)
		?	oral communication.
		?	written communication.
		?	other method of communication: (provide 
specifics):
6.	I believe that the contact I have requested is in the best 
interests of the child(ren) because:
	(You may wish to refer to section 18 of the Family Law Act 
regarding best interests of the child.)
7.	I have the following other information in reply to the 
Applicant's Claim:    (specify)   
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Respondent's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-66
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	REPLY STATEMENT - LEAVE OF     
		COURT (TO APPLY FOR CONTACT)
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                        , swear/affirm that:
1.	I am a guardian of the child(ren).
2.	My relationship to the child(ren) is    (father, aunt, etc.)   .
3.	The child(ren) live(s) with                                              .
4.	I limit the amount of contact the Applicant has with the 
child(ren) because:
5.	I believe it would be in the best interests of the child(ren) for 
the Court to refuse to allow the Applicant to make an 
Application for Contact because:
	(You may wish to refer to section 18 of the Family Law Act 
regarding best interests of the child.)
6.	I have the following other information in reply to the 
Applicant's Claim:    (specify)   
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Respondent's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-67
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	REPLY STATEMENT - CHILD SUPPORT
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                        , swear/affirm that:
(Choose one)
1.	?	I am a parent of the child(ren).
	?	I am a person standing in the place of a parent to 
the child(ren).
	?	I am not a parent of the child(ren).
	?	I request paternity testing. (if applicable)
	?	I am not a person standing in the place of a parent 
to the child(ren).
2.	My annual total income for the last three years was (see line 
150 of tax return):
	20       $                .
	20       $                .
	20       $                .
	I expect my gross annual income this year to be $                 .
	Currently, I earn income from                     . (attach financial 
statements)
(Choose all that apply. Provide details for any box(es) checked.)
3.	I do not agree with the amount of child support requested by 
the Applicant because:
	?	my income is not what the Applicant claims it is.
	?	the Applicant's income is not what the Applicant 
claims it is.
		?	I request financial information from the 
Applicant. (attach written request for 
financial information)
	?	the special expenses are not what the Applicant 
claims they are. (explain below)
	?	the child(ren) do(es) not live with the Applicant at 
all.
	?	the child(ren) live(s) with me at least 40% of the 
time: (describe schedule below)
	?	other reasons:    (specify)   
(Choose one)
4.	?	I attach calculations showing how much I believe I 
should pay to the Applicant according to the child 
support guidelines. (attach calculations)
	?	I do not attach calculations.
5.	I have the following other information in reply to the 
Applicant's Claim:
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Respondent's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-68
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	REPLY TO RECIPIENT'S STATEMENT - 
		VARY CHILD SUPPORT                          
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                        , swear/affirm that:
(Choose one. Attach a copy of the most recent order if the 
Applicant did not.)
1.	?	I agree that circumstances have changed since the 
Child Support Order was granted.
	?	There has been no change in circumstances since 
the Child Support Order was granted.
2.	My annual total income for the last three years was (see line 
150 of tax return):
	20       $                .
	20       $                .
	20       $                .
	I expect my gross annual income this year to be $                 .
	Currently, I earn income from                     . (attach financial 
statements)
(Choose all that apply. Provide details for any box(es) checked.)
3.	I do not agree with the amount of child support requested by 
the Applicant because:
	?	my income is not what the Applicant claims it is.
	?	the Applicant's income is not what the Applicant 
claims it is.
		?	I request financial information from the 
Applicant. (attach written request for 
financial information)
	?	the special expenses are not what the Applicant 
claims they are. (explain below)
	?	the child(ren) do(es) not live with the Applicant at 
all.
	?	the child(ren) live(s) with me at least 40% of the 
time: (describe schedule below)
	?	other reason(s):    (specify)   
(Choose one)
4.	?	I attach calculations showing how much I believe I 
should pay to the Applicant according to the child 
support guidelines. (attach calculations)
	?	I do not attach calculations.
5.	As of                             , the amount of unpaid support arrears 
was $                . (if available, attach a statement of account)
6.	I have the following other information in reply to the 
Applicant's Claim:    (specify)   
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Respondent's (Payor's)  
Justice of the Peace or 		Signature
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-69
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	REPLY TO PAYOR'S STATEMENT -  
		VARY CHILD SUPPORT                    
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                        , swear/affirm that:
(Choose one. Attach a copy of the most recent order if the 
Applicant did not.)
1.	?	I agree that circumstances have changed since the 
Child Support Order was granted.
	?	There has been no change in circumstances since 
the Child Support Order was granted.
2.	My annual total income for the last three years was (see line 
150 of tax return):
	20       $                .
	20       $                .
	20       $                .
	I expect my gross annual income this year to be $                  .
	Currently, I earn income from                           . (attach 
financial statements)
(Choose all that apply. Provide details for any box(es) checked.)
3.	I do not agree with the amount of child support requested by 
the Payor because:
	?	my income is not what the Payor claims it is.
	?	the Payor's income is not what the Payor claims it 
is.
		?	I request financial information from the 
Payor. (attach written request for financial 
information)
		?	there are special expenses for the child(ren) 
and I attach a Special Expense List and 
receipts.
			(Special expenses generally include child 
care expenses, medical and dental 
insurance premiums, health-related 
expenses, expenses for post-secondary 
education, and extraordinary expenses for 
extracurricular activities and school 
education.)
	?	the child(ren) do(es) not live with the Payor at least 
40% of the time: (describe schedule below)
	?	other reasons:    (specify)   
(Choose one)
4.	?	I attach calculations showing how much I believe 
the Payor should pay according to the child support 
guidelines. (attach calculations)
	?	I do not attach calculations.
5.	As of                            , the amount of unpaid support arrears 
was $               .  (if available, attach a statement of account)
(Complete only if there are arrears. Choose one)
6.	?	I agree that the Court should reduce the child 
support arrears to $                                             .
	?	I do not agree that the Court should reduce the 
child support arrears because:
7.	I have the following other information in reply to the Payor's 
Claim:
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                           
	   )	Respondent's (Recipient's)  
Justice of the Peace or 		Signature
Commissioner for Oaths 
in and for the Province of Alberta
(Fill in if applicable)
Special Expense List
Expenses:
Name of Child(ren):




Child care expenses




-	amount charged by 
caregiver or day care
$
$
$
$
-	parent's portion of day 
care costs
$
$
$
$
Medical and/or dental insurance 
premiums
$
$
$
$
Health-related expenses 
(exceeding insurance reimbursement 
by at least $100 annually)
$
$
$
$
Extraordinary primary/ 
secondary school expenses
$
$
$
$
Expenses for post-secondary 
education
$
$
$
$
Extraordinary expenses for 
extracurricular activities
$
$
$
$
Details of above expenses: (include description of each health, 
school and extracurricular expense)
ATTACH RECEIPTS
Form FL-70
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	REPLY STATEMENT - SPOUSAL / 
		PARTNER SUPPORT                      
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                        , swear/affirm that:
(Choose one)
1.	?	I am (or was) the Applicant's spouse.
	?	I was the Applicant's adult interdependent partner.
	?	I have never been the Applicant's spouse or adult 
interdependent partner.
(Choose all that apply. Provide details for any box(es) checked.)
2.	I do not agree with the amount of spousal/partner support 
requested by the Applicant because:
	?	my financial position is not what the Applicant 
claims it is. (attach a budget)
	?	my health/ability to work is not what the Applicant 
says it is.
	?	the Applicant's financial position is not what 
he/she claims it is.
	?	I request financial information from the Applicant. 
(attach written request for financial information)
	?	the Court should uphold the support agreement the 
Applicant and I currently have.  (if available, 
attach a copy of agreement)
	?	other reasons:    (specify)   
3.	My annual total income for the last three years was (see line 
150 of tax return):
	20       $                .
	20       $                .
	20       $                .
	I expect my gross annual income this year to be $               .
	Currently, I earn income from                    .  (attach financial 
statements)
4.	I have a legal obligation to support the following individuals:
5.	The amount of support that I believe I should pay to the 
Applicant is $                                                       each month.
6.	I have the following other information in reply to the 
Applicant's Claim:    (specify)   
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Respondent's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-71
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	REPLY TO RECIPIENT'S STATEMENT -  
		VARY SPOUSAL / PARTNER SUPPORT
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                        , swear/affirm that:
(Choose one)
1.	?	I agree that circumstances have changed since the 
most recent spousal/partner Support Order was 
granted.  (attach a copy of the order if the 
Applicant did not)
	?	There has been no change in circumstances since 
the most recent spousal/partner Support Order was 
granted.
(Choose all that apply. Provide details for any box(es) checked.)
2.	I do not agree with the amount of spousal/partner support the 
Applicant is requesting because:
	?	my financial position is not what the Applicant 
claims it is.
	?	my health/ability to work is not what the Applicant 
claims it is.
	?	my monthly household expenses have changed 
since the most recent Support Order was granted. 
(attach a budget)
	?	the Applicant's financial position is not what the 
Applicant claims it is.
		?	I request financial information from the 
Applicant. (attach written request for 
financial information)
	?	the Applicant's monthly household expenses are 
not what the Applicant claims.
	?	other reason(s):    (specify)   
3.	My annual total income for the last three years was (see line 
150 of tax return):
	20       $                .
	20       $                .
	20       $                .
	I expect my gross annual income this year to be $               .
	Currently, I earn income from                   . (attach financial 
statements)
4.	The amount of spousal/partner support I believe I should pay 
to the Applicant is $                            per month.
(Specify date and amount of arrears, if applicable)
5.	As of                     , the amount of unpaid support arrears was 
$                               .  (if available, attach a statement of 
account)
6.	I have the following other information in reply to the 
Applicant's Claim:    (specify)   
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Respondent's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-72
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	REPLY TO PAYOR'S STATEMENT -      
		VARY SPOUSAL / PARTNER SUPPORT
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                        , swear/affirm that:
(Choose one)
1.	?	I agree that circumstances have changed since the 
most recent spousal/partner Support Order was 
granted.
	?	There has been no change in circumstances since 
the most recent spousal/partner Support Order was 
granted.
(Choose all that apply. Provide details for any box(es) checked.)
2.	I do not agree with the change in the amount of 
spousal/partner support requested by the Payor because:
	?	my financial position is not what the Payor claims 
it is.
	?	my health/ability to work is not what the Payor 
says it is.
	?	my monthly household expenses have changed 
since the most recent Support Order was granted. 
(attach a budget)
	?	the Payor's financial position is not what the Payor 
claims it is.
		?	I request financial information from the 
Payor. (attach written request for financial 
information)
	?	the Payor's monthly household expenses are not 
what the Payor claims.
	?	other reason(s):
3.	My annual total income for the last three years was (see line 
150 of tax return):
	20       $                .
	20       $                .
	20       $                .
	I expect my gross annual income this year to be $               .
	Currently, I earn income from                   . (attach financial 
statements)
(Specify date and amount of arrears, if applicable)
4.	As of                     , the amount of unpaid support arrears was 
$                      .  (if available, attach a statement of account)
5.	I have the following other information in reply to the Payor's 
Claim:    (specify)   
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Respondent's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-73
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	REPLY STATEMENT - ENFORCEMENT  
		(TIME WITH A CHILD)                              
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                        , swear/affirm that:
1.	There is a court order giving the Applicant time with the 
child(ren). (attach a copy of the order if the Applicant did 
not)
2.	My relationship to the child(ren) is    (father, aunt, etc.)   .
(Choose one)
3.	?	I have not denied the Applicant time with the 
child(ren).
	?	I have denied the Applicant time with the 
child(ren) in the following ways because:  (Be 
specific as to WHEN, HOW and WHY. List all 
occurrences. Attach separate sheet if necessary.)
(Choose all that apply. Provide details for any box(es) checked.)
4.	I ask the Court to:
	?	refuse the Applicant's request for an Enforcement 
Order.
	?	grant an Enforcement Order providing the 
Applicant with compensatory time with the 
child(ren).
	?	grant an Enforcement Order providing that I 
reimburse the Applicant's expenses in the amount 
of $                                 .
	?	other:    (specify)   
(Complete if applicable)
5.	I ask the Court to refuse the Applicant's request for terms in 
an Enforcement Order to:
	?	impose a fine (money) against me.
	?	imprison me.
	?	assign an enforcement officer.
	I do not believe these terms are necessary in an Enforcement 
Order because:
6.	I have the following other information in reply to the 
Applicant's Claim:    (specify)   
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Respondent's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-74
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	REPLY STATEMENT - REIMBURSEMENT  
		FOR FAILURE TO EXERCISE TIME            
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                        , swear/affirm that:
1.	There is a court order giving me time with the child(ren). 
(attach a copy of the order if the Applicant did not)
2.	My relationship to the child(ren) is    (father, aunt, etc.)   .
(Choose all that apply. Provide details for any box(es) checked.)
3.	I do not agree that the Applicant is entitled to reimbursement 
of expenses as claimed because:
	?	I provided reasonable notice to the Applicant that I 
would not be exercising my time with the 
child(ren).
	?	the expenses claimed were not actually paid by the 
Applicant.
	?	it was not necessary for the Applicant to pay the 
expenses claimed.
	?	the expenses are not a result of time I did not spend 
with the child(ren).
	?	other:    (specify)   
(Choose one)
4.	?	I ask the Court to deny the Applicant's claim for 
reimbursement of expenses.
	?	I ask the Court to allow the Applicant's claim for 
expenses in the amount of $                                 .
5.	I have the following other information in reply to the 
Applicant's Claim:    (specify)   
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Respondent's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-75
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	REPLY STATEMENT -      
		VARY ENFORCEMENT     
		(TIME WITH A CHILD)     
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                        , swear/affirm that:
1.	There is a court order giving the Applicant time with the 
child(ren). (attach a copy of the order if the Applicant did 
not)
2.	My relationship to the child(ren) is    (father, aunt, etc.)   .
3.	There is an Enforcement Order (attach a copy if the 
Applicant did not). Since the Enforcement Order,
	?	there has been no change of circumstances.
	?	circumstances have changed.
(Choose one or both, and provide details.)
4.	I ask the Court to:
	?	refuse the Applicant's request to change the 
Enforcement Order because:
	?	change the Enforcement Order as follows: (give 
reasons)
5.	I have the following other information in reply to the 
Applicant's Claim:    (specify)   
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Respondent's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-76
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	REPLY STATEMENT - EXCLUSIVE 
		POSSESSION OF HOME -               
		HOUSEHOLD GOODS                     
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                        , swear/affirm that:
(Choose all that apply)
1.	I ask the Court not to grant an order:
	?	giving the Applicant exclusive possession of the 
primary home.
	?	evicting me from the primary home.
	?	restraining me from entering or attending at or near 
the primary home.
	?	giving the Applicant exclusive use of the 
household goods as detailed by the Applicant.
(Choose all that apply. Provide details for any box(es) checked.)
2.	I am not in agreement with the Applicant's Claim because:
	?	I do not have any other accommodation available 
to me.
	?	there is other accommodation available to the 
Applicant.
	?	I cannot afford other accommodation.
	?	it is not in the child(ren)'s best interest.
	?	other:    (specify)   
(Complete if applicable)
3.	I propose that expenses for the property or goods be paid as 
follows:  (specify rent, mortgage, utilities, taxes and any 
other expenses)
4.	I have the following other information in reply to the 
Applicant's Claim:    (specify)   
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Respondent's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-77
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	REPLY STATEMENT - PARENTAGE
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                        , swear/affirm that:
(Choose one)
1.	?	The Applicant claims that she/he is the parent of 
the child(ren). I do not believe the Applicant is the 
parent of the child(ren) because:
	?	The Applicant claims that I am the parent of the 
child(ren). I do not believe that I am the parent of 
the child(ren) because:
(Choose one)
2.	?	I want a DNA test.
	?	I do not want a DNA test.
	?	DNA tests have been done (attach results)
3.	I have the following other information in reply to the 
Applicant's Claim:
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Respondent's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-78
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	REPLY STATEMENT -  
		IRRECONCILABILITY  
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                        , swear/affirm that:
(Choose all that apply)
1.	?	I agree with the dates provided by the Applicant for 
the start of our relationship and our separation.
	?	I was married to the Applicant on    (date)    and 
separated from the Applicant on    (date)   .
	?	I was living in an adult interdependent relationship 
with the Applicant from    (date)    and separated 
from the Applicant on    (date)   .
	?	I was never married to the Applicant.
	?	I was never the Applicant's adult interdependent 
partner.
(Complete only if applicable)
2.	I do not agree that the Applicant and I have no prospect of 
reconciliation with each other because:
3.	I have the following other information in reply to the 
Applicant's Claim:    (specify)   
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Respondent's Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Form FL-79 
[Rule 12.22(2)]
	Clerk's stamp:
COURT FILE NUMBER
COURT	?   PROVINCIAL COURT OF ALBERTA
		?   COURT OF QUEEN'S BENCH            
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(S)
RESPONDENT(S)
DOCUMENT	UPDATE STATEMENT
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I,                                        , swear/affirm that:
1.	I swore/affirmed a Statement or Reply Statement filed 
   (date)   .
2.	It is important for the Court and the other parties to know the 
following new information about my situation: 
	(If more than one paragraph is needed, number the 
paragraphs).
Note:  This document is only for new information that was not 
available at the time you swore your Statement or Reply Statement.
Do not use this document if you are trying to change an existing 
Order.
Sworn/Affirmed before me	) 
on ____________________, 20____,	) 
at                                                , Alberta.	)	                                   
	   )	Signature
Justice of the Peace or 
Commissioner for Oaths 
in and for the Province of Alberta
Schedule B 
Court Fees and Witness and Other Allowances
Division 1 
Court Clerk Fees
1   The fee for
	(a)	commencement of an action by statement of claim or 
originating application and all subsequent applications and 
proceedings in the action, or
	(b)	if there is no action number already assigned, all subsequent 
proceedings under the action number then assigned to that 
application,
but excluding an application to schedule a trial date, an appointment 
for a review of lawyer's charges and an appointment for an 
assessment of costs, is a single fee of 
 
 
 
 
 
 
 
 
 
 
$200.00
2   The fee for the commencement of an action or proceeding under 
the Family Law Act,  including all subsequent filings or acts in 
respect of a matter not listed in section 3(2)(a) or (c) of that Act, is 
 
 
 
no charge
3   The fee for the commencement of an action or proceeding under 
the Family Law Act, including all subsequent filings or acts where a 
fee has previously been paid in respect of a family law matter, 
including a matter listed in 3(2)(a) or (c) of that Act, but excluding a 
matter under the Divorce Act (Canada), is 
 
 
 
 
no charge
4   The fee to set a trial date, on request to the court clerk or at the 
discretion or order of the Court, is 
 
	$600.00
5   The fee for an application for a trial date for an action or 
proceeding under the Family Law Act, except for a matter listed in 
section 3(2)(a) or (c) of that Act, is 
 
 
no charge
6   The fee for each appointment for review by a review officer or 
appointment for an assessment of costs by an assessment officer is
 
	$100.00
7   The fee for certification of a document is 
	$10.00
8   The fee for certification of one copy of a document at time of 
filing the document is 
	 
no charge
9   The fee to search a name, including the inspection of one file, is 
	 
$10.00
10   The fee to inspect a court file is 
	$10.00
11   The fee to copy a document is, per page, 
	$1.00
12   The fee for commencement of interpleader proceedings or 
proceedings to determine the rights of various parties is 
 
	$100.00
13   If an action has not been commenced, the fee for filing a court 
order, together with related affidavits, is 
 
	$25.00
Division 2 
Sheriff's Fees
14   The fee for selecting jurors and preparing the list is 
	$200.00
15   The fee for serving each juror is 
	$20.00
Division 3  
Allowances Payable to Witnesses in Civil 
Proceedings
Note: Allowances to witnesses may be increased under special 
circumstances by a judge.

16   The allowance payable for each day or part of a day necessarily 
spent by a witness in travelling to, staying as long as is reasonably 
necessary to give evidence and travelling back from the place of trial 
is 
 
 
 
$50.00
17   If a witness does not reside within reasonable commuting 
distance of the place of trial, the witness is to be reimbursed the 
amount paid for accommodation that an assessment officer considers 
reasonable.

18   For necessary meals and accommodation, the same rate is to be 
paid to witnesses as is payable to Government employees under 
regulations made under the Public Service Act or any successor Act.

19   For every kilometre necessarily travelled by a witness in going to 
and returning from the place of trial
	(a)	by train, bus or other public transportation, the witness is to be 
reimbursed the reasonable fare actually paid by the witness;
	(b)	by private vehicle, the witness is to be paid at the same rate as 
is payable to Government employees under regulations made 
under the Public Service Act or any successor Act.

20   If a witness is not a party to the action and is called as an expert 
to give evidence, that witness is entitled to the following:
	(a)	for securing the attendance of the expert, for each day or part 
of the day necessarily spent by the expert in travelling to the 
place of trial, staying as long as required to give evidence and 
travelling back from the place of trial,
	(i)	an allowance of ...........................................................
	(ii)	every fee or expense to which a witness is entitled under 
items 17, 18, 19 and 21 of this Division,
	and
	(b)	the reasonable fees that the Court may order under rule 
10.31(1)(a) or the assessment officer may fix under rule 10.41.
 
 
 
 
 
 
 
$100.00
21   If a witness has to travel over 200 kilometres and uses a regularly 
scheduled air carrier, the witness is to be reimbursed the reasonable 
airfare actually paid by the witness.

Division 4  
Tariff of Fees Payable for  
Court Reporting Services
Transcripts

22   For transcripts of court proceedings:
	(a)	for each transcript produced within 30 calendar days, per 
character 
	(b)	for each transcript produced within 10 business days, per 
character 
	(c)	for each transcript produced within 5 business days, per 
character 
	(d)	for each transcript produced within 2 business days, per 
character 
 
 
 
$0.0040 
 
0.0052 
 
0.0062 
 
 
0.0072
Real-time reporting services

23   For real-time court reporting services, in addition to the tariff set 
out in item 22(d), per character 
 
$0.0010
Appeal record

24   For the appeal record in the Court of Appeal of Alberta, bound:
	(a)	for title pages, tables of contents and certificates for appeal 
record, per page 
	(b)	for pleadings and final documents, per page 
 
 
 
$3.70
2.00
Copies of transcript or appeal record

25   For each additional copy of the transcript of court proceedings or 
any part of the appeal record
	(a)	ordered at the same time as the original transcript or appeal 
record, per page 
	(b)	ordered following delivery of the original transcript or 
appeal record, per page 
 
 
 
$0.40 
 
 
1.00
[Parties may purchase the original transcript or appeal record and 
make their own copies.]

Electronic copies

26   For an electronic copy of the transcript of court proceedings or 
any part of the appeal record:
	(a)	ordered at the same time as the original transcript or appeal 
record, per page 
	(b)	ordered following delivery of the original transcript or 
appeal record, per page 
 
 
 
 
no charge 
 
$0.40
Other transcripts

27   Transcriptions of proceedings when required by a trial judge
	(a)	in civil cases are charged on the above tariff of fees and 
become costs of the action;
	(b)	in criminal cases are charged on the above tariff of fees and 
are paid by the Crown.

28   The fee for any transcription or work required to be done by an 
official court reporter that is not specified by this tariff is to be fixed 
by analogy.

Division 5 
Fees for Receiver Functions
29   Fees payable to the court clerk or sheriff when acting as a 
receiver are to be computed as follows on gross income received and 
are subject to be increased or decreased in special cases in the 
discretion of a judge:

		On first $ 1000.00 or fraction, a fee of
6%
		On next $ 1,500.00 or fraction, a fee of
5%
		On next $ 2,500.00 or fraction, a fee of
4%
		On next $ 5,000.00 or fraction, a fee of
3%
		On next $ 90,000.00 or fraction, a fee of
2%
		Above $ 100,000.00, a fee of
1%
Division 6 
Registrar's Fees
30   If leave to appeal is required, the fee for filing an application for 
leave to appeal and all subsequent filings or acts is a single fee of
 
 
$600.00
31   If leave to appeal is not required, the fee for filing a notice of 
appeal and all subsequent filings or acts is a single fee of
 
$600.00
32   The fee for certification of a document is
$10.00
33   The fee for certification of one copy of a document at time of 
filing document is
 
no charge
34   The fee to search a name, including the inspection of one file, is
 
$10.00
35  The fee to inspect a file is
$10.00
36  The fee for a copy of a document, per page, is
$1.00
Schedule C 
 
Division 1 
Tariff of Recoverable Fees
Framework
1(1)  This Schedule specifies the lawyer's fees that may be recovered 
as costs by one party from another.
(2)  Each column of the tariff in Division 2 gives a dollar amount range 
for the purpose of determining the lawyer's fee under that column for 
the work described under each item.
(3)  Subject to subrule (4), the dollar range indicates the amount 
recoverable
	(a)	as against the plaintiff, with reference to the amount claimed 
by the plaintiff,
	(b)	as against the defendant, with reference to the amount of the 
judgment or order against the defendant, or
	(c)	in the case of an interlocutory application, as against the 
person liable to pay the costs with reference to the amount 
claimed by the plaintiff.
(4)  Unless the Court otherwise orders,
	(a)	when a remedy is given in a judgment or order other than or 
in addition to the payment of money, or
	(b)	when judgment is given for a defendant in an action in which 
a remedy other than or in addition to the payment of money 
is sought,
costs must be assessed according to the higher of Column 1 of the 
tariff in Division 2 and the scale that would have applied if the other 
remedy had not been given or sought.
What the items in the tariff include
2(1)  The description of items in Division 2 includes, with respect to 
each item:
	(a)	instructions from a client;
	(b)	all preparatory work related to the commencement of an 
action and preparatory work related to an item and the 
preparation of all records and material;
	(c)	the drafting, issuing and service of any required 
commencement document, pleading, affidavit and related 
documents;
	(d)	attendances;
	(e)	correspondence;
	(f)	all material read or written;
	(g)	if an application is abandoned, all work done in connection 
with the abandonment;
	(h)	other activity undertaken or implied in the item, including 
necessary or convenient services.
(2)  If an item described in the tariff has been started but not 
completed, or is only partially completed, a proportion of the fee may 
be allowed.
Application of the tariff
3   The tariff in Division 2 applies whether the services described in 
the tariff are provided before, at the time or after these rules come into 
force.
Division 2 
The Tariff
ITEM AND 
ITEM 
NUMBER
COLUMN 1
COLUMN 2
COLUMN 3
COLUMN 4
COLUMN 5

Up to and 
including 
$50,000
Over 
$50,000 up 
to and 
including 
$150,000
Over 
$150,000 
up to and 
including 
$500,000
Over 
$500,000 
up to and 
including 
$1.5 million
Over $1.5 
million
Unless the Court otherwise orders, matters which have no monetary amounts, for example, 
injunctions, will be dealt with under Column 1. Costs in relation to residential tenancies are not 
dealt with under any of these columns and are in the discretion of the Court. For monetary 
amounts within the jurisdiction of the Provincial Court, see rule 10.42 .
Commencement documents,  
pleadings related documents 
1(1)  Commencement documents, affidavits, 
pleadings and related documents, and 
amendments.
1000
1500
2000
2500
3500
(2)  When the matter is uncontested (a 
default judgment is an example of an 
uncontested matter), the limit of recovery is 
50% of this amount.





Uncontested trial
2  Uncontested trial appearance.
200
400
600
800
1000
Disclosure under Part 5
3(1)  Disclosure of records under Part 5, 
including affidavit of records.
500
750
1000
1250
1500
(2)  Review of opposite party documents 
(once per action), including statement of 
property: the equivalent of a 1/2 day fee under 
item 5(2); this amount may be increased if 
the circumstances warrant.





(3)  If there are only a few records requiring 
a limited amount of time to review, the fee 
may be reduced.





Expedition or better definition  
of the case
4  Notice to admit facts, opinion or non-
adverse inference or the admission of any of 
these if, in the opinion of the Court, the 
notice or admission resulted in expediting 
the case or better defining the matters in 
question.
200
400
800
1200
1600
Oral questioning under Part 5
5(1)  Preparation for questioning under Part 
5 (once per action): the equivalent of a 1/2 day 
attendance fee under item 5(2).





(2)  First 1/2 day or portion of it for 
attendance for questioning under Part 5 of 
parties or witnesses or cross-examination on 
an affidavit.
500
750
1000
1250
1500
(3)  Each additional 1/2 day (if an attending 
counsel is acting for neither witness nor 
examining party, 50% of these amounts).
500
750
1000
1250
1500
(4)  Preparation of and response to written 
questions - a fee equivalent to one full day's 
attendance for oral questioning under this 
item.





Applications:  uncontested





6(1)   Uncontested applications
300
400
600
700
800
(2)  Applications without notice to another 
party
100
100
100
100
100
Applications:  contested





7(1)  Contested applications or assessments 
and reviews before a master, judge, 
assessment officer or review officer and 
appeal from Provincial Court, masters, 
review officers and assessment officers.
500
750
1000

1250
1500
(2)  Contested adjournment applications.
150
150
150
150
150
(3)  Abandoned applications:
A fee equivalent to 50% of the fee that 
would be payable under this item if the 
application had not been abandoned.





Applications:  requiring written briefs





8(1)  Applications when a brief is required or 
allowed by the Court, including preparation 
of confirming letters required for Family 
Law Special Chambers:





First 1/2 day or portion of it.
1000
1250
1500
1750
2000
Each additional 1/2 day (limited to 1/2 day 
unless the Court otherwise orders).
500
625
750
875
1000
For complex chambers applications, the 
Court may direct that costs relating to an 
Appearance to argue before Appeal Court 
apply, instead of the costs in this item.





(2)  Abandoned applications:
A fee equivalent to 50% of the fee that 
would be payable under this item if the 
application had not been abandoned.





Trial readiness/case management





9(1)  Each pre-trial application to schedule a 
trial date and each case management 
attendance (including an interlocutory 
application if it is heard during those 
applications or attendances, other than an 
application under rule 6.3).
250
400
600
800
1000
(2)  If an interlocutory application is brought 
under rule 6.3 and heard during case 
management attendance, the fee awarded 
may include either a fee for the application 
or fees for both the application and case 
management attendance, depending on the 
duplication of work, if any.





Trial and summary trial





10(1)  Preparation for trial and summary 
trial.
2000
4000
6000
8000
10 000
(2)  This item amount may be varied up or 
down depending on the length and 
complexity of the trial or summary trial.





11  Trial and summary trial





For first 1/2 day or portion of it 
1000
1250
1500
1750
2000
Second counsel fee (when allowed by trial 
judge)
500
625
750
875
1000
Each additional 1/2 day
500
700
900
1200
1500
Second counsel fee (when allowed by trial 
judge)
250
350
450
600
750
Written argument





12  Submission of written argument at the 
request of the trial judge or where allowed 
by the trial judge.
1000
2000
3000
4000
5000
Post-judgment





13(1)  Issue of writ of enforcement, 
including the registration of the writ in the 
Personal Property Registry
200
250
300
350
400
(2)  Registering a status report in the 
Personal Property Registry to renew the writ 
(allowed once every 2 years)
100
100
100
100
100
(3)  Registering a status report in the 
Personal Property Registry to amend the writ
25
25
25
25
25
14(1)  Request and review of a financial 
report from enforcement debtor
100
200
300
400
500
(2)  Examination in Aid of Enforcement 
under the Civil Enforcement Act
100
200
300
400
500
15  Seizure and related matters
100
200
300
400
500
16  Garnishee Summons, Notice of 
Continuing Attachment under the 
Maintenance Enforcement Act, or Garnishee 
Summons Renewal Statement
200
250
300
350
400
17  Sale of lands under order or judgment 
(including attendance at sale, whether 
aborted or not)
200
300
400
500
600
APPENDIX 
 
DEFINITIONS
In these rules,
	"abandoned goods" in rule 9.28 means personal property left 
on land or at premises by a person who has
	(a)	been evicted from the land or premises by a civil 
enforcement agency, or
	(b)	vacated the land or premises as a result of a judgment or 
order of possession;
	"Act" in Part 9, Division 7 means Part 3 of the International 
Conventions Implementation Act and includes the Convention;
	"action for unjust enrichment" in Part 12 means an action that 
is based on the equitable doctrine of unjust enrichment 
between 2 parties who have lived together in a relationship of 
interdependence;
	"applicant" in Part 6, Division 9 means an applicant for an 
interpleader order, whether an originating applicant or 
applicant, as the context requires;
	"application for an interpleader order" in Part 6, Division 9 
means an application filed under rule 6.56, whether an 
originating application or an application;
	"assessment officer" means the court clerk for the judicial 
centre in which the action is located;
	"certificate" in rule 13.36 means a Legal Aid Certificate issued 
by the Legal Aid Society of Alberta;
	"certified copy" in Part 9, Division 7 means the original 
document or a copy of the document certified as being a true 
copy by the original or facsimile signature of a proper officer 
of the foreign court;
	"Chief Justice" means
	(a)	the Chief Justice of the Court of Queen's Bench of Alberta,
	(b)	the Associate Chief Justice of the Court of Queen's Bench of 
Alberta, or
	(c)	a judge designated to act on behalf of the Chief Justice by the 
Chief Justice or by the Associate Chief Justice;
	"civil enforcement agency" has the same meaning as "agency" 
in the Civil Enforcement Act, and where the context permits, 
includes a bailiff appointed under the Civil Enforcement Act;
	"civil enforcement proceedings" includes
	(a)	writ proceedings,
	(b)	distress proceedings authorized under the Civil Enforcement 
Act or any other law that is in force in Alberta, and
	(c)	evictions authorized pursuant to a law in force in Alberta or 
an order of a court;
	"claim" means a claim in respect of a matter in which a 
plaintiff, originating applicant, plaintiff-by-counterclaim or 
third party plaintiff seeks a remedy;
	"claimant" in Part 6, Division 9 means a person who files or is 
expected to file an adverse claim against personal property;
	"client" includes a former client and
	(a)	any person to whom a lawyer has rendered an account for 
lawyer's charges, or
	(b)	a person who is or may be liable to pay or who has paid 
lawyer's charges or part of them;
	"commencement document" means
	(a)	a statement of claim,
	(b)	an originating application,
	(c)	a counterclaim,
	(d)	a third party claim, and
	(e)	a claim under the Family Law Act,
	and includes an amended commencement document;
	"contingency fee agreement" means an agreement under rule 
10.7;
	"Convention" in Part 9, Division 7 means the Convention in 
Schedule 3 to the Act;
	"convention judgment", "convention judgment creditor", 
"convention judgment debtor" and "original court" in Part 9, 
Division 7 have the same meanings respectively as 
"judgment", "judgment creditor", "judgment debtor", and 
"original court" have in the Convention;
	"corporate representative" means a person appointed as the 
representative of a corporation under rule 5.4;
	"corporate witness" means
	(a)	an employee or former employee of a corporation,
	(b)	an officer or former officer of a corporation, other than the 
corporate representative, and
	(c)	a person questioned under rule 5.18 who is called as a 
witness;
	"costs award" means the amount payable by one party to 
another in accordance with either or both of
	(a)	an order under rule 10.31, and
	(b)	a certificate under rule 10.43;
	"Court" means the Court of Queen's Bench of Alberta acting 
by a judge or master except
	(a)	when the context refers to the Court as an institution, and
	(b)	in a form set out in Division 2 of Schedule A, where it means 
either the Court of Queen's Bench of Alberta or the 
Provincial Court of Alberta, as the circumstances require;
	"court clerk" means the clerk, deputy clerk or acting clerk of 
the Court at a judicial centre, and includes a person authorized 
by the clerk;
	"defendant" means a person against whom a remedy is sought 
in a statement of claim;
	"document" in rule 13.36 means any document that may be 
filed for which a fee is payable under item 1, Schedule B;
	"electronic hearing" in rule 6.10(1) means an application, 
proceeding, summary trial or trial conducted, in whole or part, 
by electronic means in which all the participants in the hearing 
and the Court can hear each other, whether or not all or some 
of the participants and the Court can see each other or are in 
each other's presence;
	"enactment" means an Act or a regulation or any portion of an 
Act or regulation of Alberta or Canada, but does not include 
these rules;
	"encumbrance" means a registered charge on secured property 
securing payment of money or performance of an obligation;
	"examination" in rule 10.54 means a medical examination 
conducted for the purpose of determining a person's mental 
state;
	"existing proceeding" in rule 15.1 means a court proceeding 
commenced but not concluded under the former rules;
	"expert" means a person who is proposed to give expert 
opinion evidence;
	"facility" in rule 10.54 means
	(a)	a facility as defined in the Mental Health Act, or
	(b)	a correctional institution as defined in the Corrections Act;
	"file" means to present to the court clerk the correct document 
and obtain an acknowledgment by the court clerk that a 
commencement document, pleading, affidavit or other 
document is part of the court file;
	"foreclosure action" includes
	(a)	an action for recovery of money secured by a mortgage, 
agreement for sale or encumbrance,
	(b)	an action for enforcement of any provision of a mortgage, 
agreement for sale or encumbrance, and
	(c)	an action for sale, foreclosure, redemption or specific 
performance with respect to land, with or without other 
security, that is subject to a mortgage, agreement for sale or 
encumbrance;
	"foreclosure order" includes an order cancelling or 
determining an agreement for sale;
	"former rules" in rule 15.1 means the Alberta Rules of Court in 
effect immediately before these rules come into force;
	"health care professional" means
	(a)	a person entitled to practise a profession as
	(i)	a member of the College of Physicians and Surgeons of 
Alberta under the Health Professions Act,
	(ii)	a chiropractor under the Health Professions Act,
	(iii)	a dentist under the Health Professions Act,
	(iv)	an occupational therapist under the Health Professions 
Act,
	(v)	a physical therapist under the Physical Therapy 
Profession Act,
	(vi)	a psychologist under the Health Professions Act, or
	(vii)	a registered nurse under the Health Professions Act,
	(b)	a health care professional who is a medical practitioner, 
chiropractor, dentist, occupational therapist, physical 
therapist, registered nurse or psychologist who is regulated, 
registered or certified in that capacity in another jurisdiction 
and who is agreed to by the parties or approved by the Court, 
or
	(c)	a person appointed by the Court who is qualified to conduct a 
medical examination;
	"instructing creditor" in Part 6, Division 9 has the same 
meaning as it has in the Civil Enforcement Act;
	"judge" means a judge of the Court and includes a 
supernumerary judge of the Court;
	"judgment" means a judgment of the Court;
	"judgment creditor" means a person who has a judgment or 
order requiring a person who is the subject of the judgment or 
order or part of it to pay money;
	"judgment debtor" means a person who is the subject of a 
judgment or order or part of it requiring the person to pay 
money;
	"judgment holder" in rule 9.28 means a person who has a 
judgment or order of possession;
	"judicial centre" means the office of the Court in
	(a)	Calgary,
	(b)	Drumheller,
	(c)	Edmonton,
	(d)	Fort McMurray,
	(e)	Grande Prairie,
	(f)	Lethbridge,
	(g)	Medicine Hat,
	(h)	Peace River,
	(i)	Red Deer,
	(j)	St. Paul, or
	(k)	Wetaskiwin;
	"land" means real property;
	"lawyer" means a person entitled to practise law in Alberta;
	"lawyer's charges" means
	(a)	the fees charged by a lawyer for services performed,
	(b)	any disbursements paid or payable by the lawyer in the 
performance of services, and
	(c)	other charges, if any, by a lawyer;
	"liquidated demand" in rule 3.39 means
	(a)	a claim for a specific sum payable under an express or 
implied contract for the payment of money, including 
interest, not being in the nature of a penalty or unliquidated 
damages, where the amount of money claimed can be 
determined by
	(i)	the terms of the contract,
	(ii)	calculation only, or
	(iii)	taking an account between the plaintiff and the 
defendant,
		or
	(b)	a claim for a specific sum of money, whether or not in the 
nature of a penalty or damages, recoverable under an 
enactment that contains an express provision that the sum 
that is the subject of the claim may be recovered as a 
liquidated demand or as liquidated damages;
	"litigation representative" includes but is not limited to a 
guardian ad litem and next friend;
	"master" means a master in chambers as defined in the Court 
of Queen's Bench Act;
	"medical examination" means an examination or assessment 
of an individual's mental or physical condition;
	"Minister" means the Minister of Justice and Attorney General 
for Alberta;
	"official court reporter" means
	(a)	a person appointed as an official court reporter under the 
Recording of Evidence Act,
	(b)	a certified shorthand reporter under the Alberta Shorthand 
Reporters Regulation (AR 197/96), or
	(c)	a person appointed as an official court reporter under the 
Alberta Rules of Court (AR 390/68) whose appointment has 
not expired;
	"order" means an order of the Court;
	"partnership" means a partnership to which the Partnership 
Act applies;
	"party" means a party to an action; in Part 10, Division 2 the 
word "party" has an extended meaning that includes a person 
filing or participating in an application or proceeding who is or 
may be entitled to or subject to a costs award; in Part 12, in 
respect of a proceeding under the Family Law Act, "party" 
includes a public official, including the Director acting under 
Part 5 of the Income and Employment Supports Act, who, 
pursuant to any enactment, has the right to commence, defend, 
intervene in or take any step in respect of the application and 
exercises that right;
	"peace officer" in rule 13.35 means a peace officer as defined 
in the Provincial Offences Procedures Act;
	"personal property" in Part 6, Division 9 includes a debt;
	"personal representative" has the same meaning as it has in 
section 1(l) of the Surrogate Rules (AR 130/95);
	"plaintiff" means a person who is named as plaintiff in a 
statement of claim;
	"pleading" means
	(a)	a statement of claim,
	(b)	a statement of defence,
	(c)	a counterclaim,
	(d)	a defence to a counterclaim,
	(e)	a reply to a statement of defence,
	(f)	a reply to a statement of defence to a counterclaim,
	(g)	a third party claim,
	(h)	a defence to a third party claim,
	(i)	a reply to a third party's statement of defence, or
	(j)	a response to a request for particulars or a response to an 
order for particulars;
	"prescribed form" means the appropriate form in Schedule A, 
completed and modified as circumstances require;
	"procedural order" means an order relating to practice or 
procedure under rule 1.4 or any other rule respecting practice 
or procedure;
	"property" includes land and personal property;
	"provisional order" means a provisional order under the 
Divorce Act (Canada);
	"record" includes the representation of or a record of any 
information, data or other thing that is or is capable of being 
represented or reproduced visually or by sound, or both;
	"recorded mail" means a form of document delivery by mail or 
courier in which receipt of the document must be 
acknowledged in writing as specified in Part 11;
	"redemption order" includes an order nisi and an order for 
specific performance;
	"referee" means a person who is a referee under rule 6.44;
	"related writ" in Part 6, Division 9 has the same meaning as it 
has in the Civil Enforcement Act;
	"relevant and material" is defined in rule 5.2 for the purposes 
of Part 5;
	"remedy" means relief or a remedy described or referred to in 
rule 1.3(1);
	"restraining order" in rule 13.37 means a restraining order in 
respect of an interpersonal matter between individuals or a 
protection order under the Protection Against Family Violence 
Act and includes the costs associated with respect to that 
restraining order or protection order;
	"retainer agreement" means an express or implied agreement 
between a lawyer and a client with respect to the payment by 
the client of lawyer's charges, and includes a contingency fee 
agreement;
	"review officer" means an assessment officer who, in the 
opinion of the clerk of the Court, has for the purpose of 
reviewing contingency fee or retainer agreements and lawyers' 
charges
	(a)	an acceptable degree in law, and
	(b)	sufficient experience in the practice of law,
	and who is designated as a review officer by
	(c)	the clerk of the Court for the judicial centre in which the 
action is located, or
	(d)	if there is no clerk of the Court for the judicial centre in 
which the action is located, the Minister;
	"rules" includes the Schedules and this Appendix to these 
rules but does not include any information notes and other 
informational guides that may appear in an annotated version 
of these rules;
	"secured land" means all or part of the secured land about 
which a claim is made in a foreclosure action;
	"secured property" means the secured land and all secured 
personal property about which a claim is made in a foreclosure 
action, or any part of either or both;
	"third party defendant" means the person named as defendant 
in a third party claim;
	"third party plaintiff" means
	(a)	a defendant who files a third party claim against another 
person, or
	(b)	any third party defendant who files a third party claim against 
another person;
	"trustee" means
	(a)	an executor, an administrator, or a trustee of the estate of a 
person,
	(b)	a person expressly appointed as trustee,
	(c)	a person who is or becomes a trustee at law, either expressly 
or by implication,
	(d)	a person who is appointed as a trustee under an enactment or 
who becomes a trustee by virtue of an enactment,
	(e)	several joint trustees, or
	(f)	a person appointed as a trustee by the Court;
	"writ proceedings" means any action, step or measure 
authorized by the Civil Enforcement Act to be taken for the 
purpose of enforcing a money judgment.


--------------------------------
Alberta Regulation 125/2010
Government Organization Act
DESIGNATION AND TRANSFER OF RESPONSIBILITY 
AMENDMENT REGULATION
Filed: July 19, 2010
For information only:   Made by the Lieutenant Governor in Council (O.C. 246/2010) 
on July 14, 2010 pursuant to section 16 of the Government Organization Act. 
1   The Designation and Transfer of Responsibility 
Regulation (AR 38/2008) is amended by this Regulation.

2  Section 11 is amended by adding the following after 
subsection (2):
(2.1)  The Minister of Finance and Enterprise is designated as the 
Minister responsible for the Alberta Competitiveness Act.



Alberta Regulation 126/2010
Government Organization Act
IDENTIFICATION CARD AMENDMENT REGULATION
Filed: July 21, 2010
For information only:   Made by the Minister of Service Alberta (M.O. SA:001/2010) 
on July 19, 2010 pursuant to section 20 of Schedule 12 of the Government 
Organization Act. 
1   The Identification Card Regulation (AR 221/2003) is 
amended by this Regulation.

2   Section 1 is amended by adding the following after 
clause (d):
	(d.1)	"sex" means the anatomical sex of a person at birth or the 
assumed sex of a person who meets the criteria set out in 
section 9.1;

3   The following is added after section 9:
Change of sex shown on identification card
9.1(1)  A person may request that the identification card issued to 
the person show the person's sex designation as changed from the 
person's anatomical sex at birth to the person's assumed sex by
	(a)	making an application in writing to the Minister, and
	(b)	providing a current letter from the applicant's psychiatrist or 
psychologist, who must be an accredited member of any 
College of Physicians and Surgeons or College of 
Psychologists in Canada, that states
	(i)	that the applicant is under the care of the psychiatrist or 
psychologist, and


	(ii)	that in the opinion of the psychiatrist or psychologist the 
change in the sex designation on the person's 
identification card is appropriate.
(2)  Where an applicant meets the criteria set out in subsection (1), 
the Minister shall change the applicant's sex designation as shown 
on the person's identification card to the person's assumed sex.
Reversion on expiry
9.2   On the expiry of a person's identification card on which the 
person's sex designation has been changed pursuant to section 
9.1(2), an identification card reissued to that person shall show the 
person's sex designation as the anatomical sex of the person at birth 
unless the person reapplies to the Minister in accordance with 
section 9.1(1) to change the sex designation as shown on the 
person's identification card to the person's assumed sex.
Notification of Minister
9.3(1)  A person whose anatomical sex has been changed by 
sex-reassignment surgery must apply within 90 days to have the 
person's sex designation as shown on the person's identification card 
changed permanently by providing 2 affidavits, each stating that the 
anatomical sex of the person has been changed by the 
sex-reassignment surgery, as follows:
	(a)	an affidavit from the attending surgeon or another accredited 
medical professional at the clinic where the surgery was 
performed;
	(b)	an affidavit from the applicant's attending psychiatrist or 
psychologist, who must be an accredited member of any 
College of Physicians and Surgeons or College of 
Psychologists in Canada.
(2)  A person who has not completed sex-reassignment surgery but 
whose sex designation as shown on the person's identification card 
has been changed pursuant to section 9.1, and who has decided not 
to continue under the assumed sex, shall notify the Minister in 
writing within 90 days of that decision and on being notified the 
Minister shall change the sex designation as shown on the person's 
identification card to the person's anatomical sex at birth. 


--------------------------------
Alberta Regulation 127/2010
Traffic Safety Act
OPERATOR LICENSING AND VEHICLE CONTROL 
AMENDMENT REGULATION
Filed: July 21, 2010
For information only:   Made by the Minister of Service Alberta (M.O. SA:002/2010) 
on July 19, 2010 pursuant to section 64 of the Traffic Safety Act. 
1   The Operator Licensing and Vehicle Control Regulation 
(AR 320/2002) is amended by this Regulation.

2   Section 1 is amended by adding the following after 
clause (x.1):
	(x.2)	"sex" means the anatomical sex of a person at birth or the 
assumed sex of a person who meets the criteria set out in 
section 20.1;

3   The following is added after section 20:
Change of sex shown on licence
20.1(1)  A person may request that the operator's licence issued to 
the person show the person's sex designation as changed from the 
person's anatomical sex at birth to the person's assumed sex by
	(a)	making an application in writing to the Registrar, and
	(b)	providing a current letter from the applicant's psychiatrist or 
psychologist, who must be an accredited member of any 
College of Physicians and Surgeons or College of 
Psychologists in Canada, that states
	(i)	that the applicant is under the care of the psychiatrist or 
psychologist, and
	(ii)	that in the opinion of the psychiatrist or psychologist the 
change in the sex designation on the person's 
identification card is appropriate.
(2)  Where an applicant meets the criteria set out in subsection (1), 
the Registrar shall change the applicant's sex designation as shown 
on the person's operator's licence to the person's assumed sex.
Reversion on expiry
20.2   On the expiry of a person's operator's licence on which the 
person's sex designation has been changed pursuant to section 
20.1(2), an operator's licence reissued to that person shall show the 
person's sex as the anatomical sex of the person at birth unless the 
person reapplies to the Registrar in accordance with section 20.1(1) 
to change the sex designation as shown on the person's operator's 
licence to the person's assumed sex.
Notification of Registrar
20.3(1)  A person whose anatomical sex has been changed by 
sex-reassignment surgery must apply within 90 days to have the 
person's sex designation as shown on the person's operator's licence 
changed permanently by providing 2 affidavits, each stating that the 
anatomical sex of the person has been changed by the 
sex-reassignment surgery, as follows:
	(a)	an affidavit from the attending surgeon or another accredited 
medical professional at the clinic where the surgery was 
performed;
	(b)	an affidavit from the applicant's attending psychiatrist or 
psychologist, who must be an accredited member of any 
College of Physicians and Surgeons or College of 
Psychologists in Canada.
(2)  A person who has not completed sex-reassignment surgery but 
whose sex designation as shown on the person's operator's licence 
has been changed pursuant to section 20.1, and who has decided not 
to continue under the assumed sex, shall notify the Registrar in 
writing within 90 days of that decision and on being notified the 
Registrar shall change the sex designation as shown on the person's 
operator's licence to the person's anatomical sex at birth.