Resolution Tracks: Trial
In some actions, a Pre-Trial Conference (PTC) may be scheduled prior to a Trial.
The parties are required to exchange all records and documents at least 30 days prior to the Trial. This includes copies of documents, contracts, cheques, invoices, letters, receipts, repair estimates, photographs or videos, printouts of any e-mails or other electronic messages, copies of transcripts of any voice mail messages, or any other materials that relate to the action.
Trials will be scheduled for a half day to multiple days depending on the complexity of the claim and the number of witnesses. All parties must present their case within this time frame.
How will I be notified of the Trial?
All parties will be sent a Notice of Trial to their address for service. The Notice will identify the time, date and location of the Trial.
Who attends a Trial?
All parties involved in the action will attend before a Justice to present their case. Any witnesses required by the parties to support their case must also attend.
If you have any witnesses, they may agree to come to Court voluntarily. If you want to ensure a witness comes to Court you should file and serve a Notice to Attend as a Witness and provide a witness allowance. If an interpreter is needed, it is your responsibility to make the necessary arrangements for a qualified interpreter to attend at your expense. For detailed information and step-by-step instructions review the Notice to Attend as a Witness.
To better prepare yourself for court review the sections, My Date Is Set For Court, What Do I Expect? and Preparing For Court.
What happens at a Trial?
At trial both parties tell their versions of events to the Justice and present their supporting records and documents.
You may have a lawyer or agent attend with you, but this is not required.
The Justice may ask you questions, permit witnesses and allow you or your lawyer to ask questions of the other parties and their witnesses. The other party may also ask questions of you and your witnesses. All people who give evidence will be required to take an oath or affirm that they will tell the truth.
At the conclusion of the Trial the Justice will consider all the evidence presented. The Justice may give an immediate decision or may give it at a later date.
All parties will be sent a Certificate of Judgment or Order to their address for service confirming the Justice's decision. For more detailed information review the section called Judgment and Court Costs.
How do I prepare for the Trial?
You must be ready to proceed on the Trial date. Requests for special requirements such as hearing assistance, voice amplifiers, TV and video equipment must be made on the Courtroom Audiovisual Request Form at least 30 days prior to the Trial.
If you have any witnesses, they may agree to come to Court voluntarily. If you want to ensure a witness attends for Court you should file and serve a Notice to Attend as a Witness and provide a witness allowance. For more detailed information and step by step instructions review the Notice to Attend as a Witness.
To better prepare yourself for court review the sections, My Date Is Set For Court, What Do I Expect? and Preparing For Court.
What if I do not attend the Trial?
If a party fails to attend the Trial, their Claim or Dispute Note may be struck or Judgment entered against them, or both.
Can I appeal the decision?
Yes, you can appeal a decision resulting from a Trial.
An appeal is a legal proceeding (process) by which a decision is brought from a lower court to a higher court to seek a different decision because of an error in fact or law.
For more detailed information review the sections called Judgment and Court Costs and Appeals.
What happens after Judgment is given?
A Judgment is not necessarily the end of the process. If a party does not voluntarily pay, you may have to take steps to enforce (collect) the Judgment.
Enforcing your Judgment is not the responsibility of the Alberta Court of Justice. Once the Alberta Court of Justice Judgment is obtained, all enforcement steps must be taken by you in the Court of King's Bench
It is important to note that enforcement proceedings are at your expense, although some of the costs may be added to the amount the party owes you.
For more information review the section Judgment and Court Costs.