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Civil Procedure and Practice in Alberta, 2024 Edition
This practitioner’s quick reference guide is a useful, reliable and concise resource for conducting a civil action in Alberta. It contains summaries with analysis of legal principles, tests and practice points, accompanied by reference to the leading cases throughout.
Publication Language: English
Published: September 24, 2024
Publisher: LexisNexis Canada
Click here for the student edition of Civil Procedure and Practice in Alberta.
Though the law of civil procedure has always been an integral part of the justice system, its role has evolved over time. Today, more and more, management of litigation falls to the parties, rather than the courts. As the authors state in the Preface to this volume, “The increasing volume and complexity of our civil procedure suggests that modern procedural law is itself a substantive body of law that must be navigated in order to successfully take an action through trial.” This book is the ideal companion for that journey.
Up-to-date and indispensable
Civil Procedure and Practice in Alberta, 2024 Edition is an annotated version of the Alberta Rules of Court. Written by two Justices of the Alberta Court of King’s Bench with decades of combined experience, this practitioner's guide provides commentary, case law and practice notes that offer invaluable insight into the increasingly complex process of conducting a civil action. In addition, it collects in one place the court practice notes, forms statutes and regulations often referred to in the course of a civil action.
Easy to access and navigate, this resource will be an indispensable aid for civil litigators, family law lawyers, and judges looking for guidance on the interpretation of the Rules. In particular, Civil Procedure and Practice in Alberta, 2024 Edition will be useful for:
- Civil litigation and family law lawyers who will refer to it often – either in the courtroom or in the office
- Judges who will find it to be a useful resource for their work inside and out of the courtroom
- Law schools/law libraries who will find it to be a valuable resource/textbook for law students, faculty and other borrowers
What's New in the 2024 Edition
- Extensive updates to the commentary in each of Parts 1 through 14 of the annotated Rules, with some sections rewritten entirely
- Amendments to the Rules, including new rules relating to the Streamlined Trial process and related forms
- Addition of new court forms, Practice Notes and Notices to the Profession and Public
- Updated discussion of many practice issues arising in parts 5, 7 and 8 of the Rules
Introduction
ALBERTA RULES OF COURT (ANNOTATED)
Part 1: Foundational Rules
Part 2: The Parties to Litigation
Part 3: Court Actions
Part 4: Managing Litigation
Part 5: Disclosure of Information
Part 6: Resolving Issues and Preserving Rights
Part 7: Resolving Claims Without Full Trial
Part 8: Trial
Part 9: Judgments and Orders
Part 10: Lawyers’ Charges, Recoverable Costs of Litigation, and Sanctions
Part 11: Service of Documents
Part 12: Family Law Rules
Part 13: Technical Rules
Part 14: Appeals
Part 15: Transitional Provisions and Coming into Force
Schedule A: Forms
Schedule B: Court Fees and Witness and Other Allowances
Schedule C: Tariff of Recoverable Fees
Appendix – Definitions
SURROGATE RULES
Part 1: Non-Contentious Matters
Part 2: Contentious Matters
Part 3: Accounting
Part 3.1: Electronic System
Part 5: Transitional, Repeal, and Commencement
Schedule 1: Legal and Personal Representative Compensation
Schedule 2: Court Fees
Schedule 3 : Forms
COURT OF KING’S BENCH RESOURCES
Court of King's Bench of Alberta Criminal Procedure Rules
Criminal Procedure Rules Forms
Notices to the Profession and Public
Criminal Practice Notes
Civil Practice Notes
Commercial Practice Notes
Family Practice Notes
COURT OF APPEAL RESOURCES
Notices to the Profession and Public
Consolidated Practice Directions of the Court of Appeal of Alberta
The Court of Appeal of Alberta Criminal Appeal Rules
RELATED LEGISLATION
Alberta Evidence Act, R.S.A. 2000, c. A-18
Civil Enforcement Act, R.S.A. 2000, c. C-15 (sections 1-8, 16-25, and 85-105)
Civil Enforcement Regulation, Alta. Reg 276/95; Alta. Reg. 221/2017 (sections 1-3 and 35.01-48.1)
Class Proceedings Act, S.A. 2003, c. C-16.5
Contributory Negligence Act, R.S.A. 2000, c. C-27
Court of Appeal Act, R.S.A. 2000, c. C-30 (sections 1-12)
Court of King’s Bench Act, R.S.A. 2000, c. C-31 (sections 1-16.2)
Extra-Provincial Enforcement of Custody Orders Act, R.S.A. 2000, c. E-14
Interjurisdictional Support Orders Act, S.A. 2002, c. I-3.5
Interpretation Act, R.S.A. 2000, c. I-8
Interprovincial Subpoena Act, R.S.A. 2000, c. I-9
Judgment Interest Act, R.S.A. 2000, c. J-1
Judgment Interest Regulation, Alta. Reg. 215/2011
Judicature Act, R.S.A. 2000, c. J-2
Jury Act, R.S.A. 2000, c. J-3
Jury Act Regulation, Alta. Reg. 68/83
Limitations Act, R.S.A. 2000, c. L-12
Proceedings Against the Crown Act, R.S.A. 2000, c. P-25
Provincial Court Act, R.S.A. 2000, c. P-31 (sections 1, 2, 9.1-9.51, 9.6-9.9, 22-68)
Reciprocal Enforcement of Judgments Act, R.S.A. 2000, c. R-6
Tort-Feasors Act, R.S.A. 2000, c.T-5
Table of Cases
Index
