Service of Documents

Is there a time limit that I have to serve a Civil Claim within?

The Civil Claim must be served on all Defendants within one year after the date that the Civil Claim was filed. If a Plaintiff is unable to serve a Defendant within the one year, the Civil Claim may be renewed within that one year by order of the Court for an additional three-month period. Contact the Alberta Court of Justice Office where you filed the Civil Claim for more detailed information.

Who can serve the Civil Claim?

You can serve the documents or you may have someone else serve the documents on your behalf. Whoever serves the document must complete the Affidavit of Service of Commencement Documents.

You may choose to hire a process server to serve the documents on your behalf, however, this is an out of pocket expense you must pay for. It might be recoverable at the end of the action if you are successful and can provide receipts for these expenses.

Can the Civil Claim and other Court documents be served on any day of the week?

Yes. It is very important to keep track of the date the Civil Claim or Court documents are served.  This information is needed to complete the Affidavit of Service of Commencement Documents or Affidavit of Service of Non-Commencement Documents.

Will there be any out of pocket costs to serve Court documents?

There may be, depending on the type of document being served and the method of service.

For example:

  • Recorded mail fees vary, typically ranging from $10.00 - $20.00.
  • Process server fees vary and typically are in excess of $50.00.

Note: Be sure to keep all your receipts as you may be able to recover these expenses if you are successful with your claim. The Court may order the unsuccessful party to pay service costs. 

What can I do to try to locate an address for a Defendant

The Plaintiff can pay for a limited demographic search at an Alberta Registry Agent office. The fees vary from one office to another.

To do this type of search, some registry agent offices require that you bring a filed copy of the Civil Claim and two identifiers of the individual that you are trying to locate, such as the legal name of the person, date of birth, or last known address. Some registry offices may require a Court Order. It is recommended you contact an Alberta Registry Agent office directly to determine their requirements.  

What if I have difficulty in serving a Defendant?

There are specific methods of service that a party must follow when serving an individual or company with a Civil Claim as indicated on the Affidavit of Service of Commencement Documents. However, if the Plaintiff has attempted to serve the Defendant by one of these methods but has been unsuccessful the Plaintiff can apply for an Order for Substitutional Service.

A party must complete and file an Affidavit in Support of Substitutional Service. The Affidavit needs to specify how the documents will be substitutionally served and why, if served in the requested manner, they would come to the attention of the other party. In some Court locations, an Affidavit in Support of Substitutional Service is all that will be required for a Justice to review the request, but other Court locations require a court appearance before a Justice to grant an Order. If the Justice grants an Order, typically the clerks’ office will prepare the Court order for self-represented parties. The Justice will ultimately make the final decision on how the party is to be served. 

When an Order for Substitutional Service is granted, the party must also serve a copy of the Order along with the other documents to the party in the method ordered by the Justice.

Some examples of common methods of substitutional service are sending the documents by regular mail, e-mail, social media or advertising in a newspaper.

For detailed information and step by step instructions review the Affidavit in Support of Substitutional Service.

Contact the Court of Justice Office where you filed the Civil Claim for more detailed information.

What if a Defendant lives outside of Alberta?

You are still able to serve a Defendant if they reside outside of Alberta. However, the Defendant will have additional time to file a Dispute Note. They will have 30 days to file their Dispute Note.

How do I serve a Defendant with a Civil Claim?

In all methods of service listed below, you must serve the Civil Claim and a blank copy of the Dispute Note on each Defendant within one year after the date the Civil Claim was filed.

The Dispute Note is a document for the Defendant to fill out if they choose to dispute the Civil Claim. The Dispute Note can be obtained at the Alberta Court of Justice Office or is available online under Forms and Publications.

If you are serving more than one Defendant at the same location by recorded mail, you must use separate envelopes for each Defendant.

The methods of service required to serve the documents (Civil Claim and blank copy of Dispute Note) are contained in the Affidavit of Service of Commencement Documents and are described below.

If the Defendant is an individual

Service may be made as follows:

  • by personally leaving the documents with the Defendant at any location. (Note: You must include the date and address where you served the Defendant in your Affidavit of Service).
  • by leaving the documents for the Defendant at the Defendant’s most usual place of residence with someone residing there who is apparently 16 years of age or older. (Note: You cannot post documents to the door).
  • by sending the documents by recorded mail addressed to the Defendant. (Note: The Defendant or someone can sign on their behalf for the documents. You must include the original recorded mail receipt (red and white tag if using Canada Post) as well as a signed acknowledgment of receipt in your Affidavit of Service). 

If the Defendant is a corporation

You must obtain a Corporate Search from an Alberta Registry Agent office to prove to the Court that you have served the registered office, or a Director of the corporation.

Service may be made as follows:

  • by leaving the documents at the registered office of the corporation (Note: You must include the date and address where you served the Defendant in your Affidavit of Service);
  • by sending the documents by recorded mail to the registered office of the corporation (Note: You must include the original recorded mail receipt (red and white tag if using Canada Post) as well as a signed acknowledgment of receipt in your Affidavit of Service).
  • by serving a Director of the corporation in the same way as an individual Defendant is served; or
  • by serving an individual who appears to have management and control responsibilities for the corporation at either:
    • its principal place of business or activity in Alberta; or
    • its place of business or activity in Alberta where the claim arose.

If the Defendant is an Extra-Provincial Corporation (Corporation in another province) 

An extra-Provincial corporation is a corporation that has been incorporated other than in Alberta but is registered to do business in Alberta.

You must obtain a Corporate Search from an Alberta Registry Agent office to prove to the Court that you have served the attorney for service.

Service may be made as follows: 

  • by leaving the documents with the attorney for service (Note: You must include the date and address where you served the attorney for service in your Affidavit of Service);
  • by leaving the documents at the address of the attorney for service as identified on the Corporate Search; or
  • by sending the documents by recorded mail addressed to the attorney for service (Note: You must include the original recorded mail receipt (red and white tag if using Canada Post) as well as a signed acknowledgment of receipt in your Affidavit of Service).

If the Defendant is a Partnership

Service may be made as follows:

  • by serving a partner who is an individual in the same way as an individual Defendant is served; or
  • by serving a partner that is a corporation in the same way as a corporate Defendant is served. 

If service is directed by the Court

This method of service may only be used if there has been an Order for Substitutional Service made by a Justice.

Service must be completed as set out in the Order (Note: You will need to provide the name of the Justice, date the Order was granted and the method of service set out in the Order).

If the Defendant is a branch of the Government, Local Authority or Metis Settlement

These parties have more complex requirements in how they are to be served. It is recommended that you get legal advice to ensure that you properly serve them.

If the Defendant is an insurance company

Suing an insurance company is a complex area of law. It is recommended that you get legal advice.  For more resources you may want to refer to Links, Videos and Legal Resources.

You cannot search for the proper legal name of an insurance company at an Alberta Registry Agent office.

The office of the Alberta Superintendent of Insurance (ASI) maintains the list of insurance companies operating in Alberta.

Click to obtain the name and attorney address for service of the insurance company or contact them at TOLL-FREE:  (From anywhere in Alberta):  Dial 310-0000, then 780-427-8322.

Service may be made as follows:

If the Defendant is in jail

For security reasons, many jail facilities have different ways to handle how people are served while in jail. It is recommended that you first contact a Alberta Court of Justice Office for the approved process, and you may also need to contact the jail facility to determine their process.  

Click for a detailed list of Correction Centres and Remand Centres and Federal Institutions.

Do I have to serve the dispute note (with or without a counterclaim) in a specific manner?

It depends on the type of Dispute Note that is filed.

A Dispute Note without a Counterclaim, or a Dispute Note with a Counterclaim that does not add a new party, will be sent by the clerks’ office to all other parties. 

A Dispute Note with a Counterclaim that adds a new party, must be served by the party that filed the Dispute Note. You, as the Defendant, are responsible for serving the newly added party with a copy of the Dispute Note and Counterclaim. Available methods of service are outlined in the Affidavit of Service of Commencement Documents.

Do I have to serve the Third-Party Claim in a specific manner?

Yes. A Third-Party Claim must be filed and served by the Third-Party Plaintiff on the Third-Party Defendant, the Plaintiff and the other Defendants.

For service of the Third-Party Claim on the Third-Party Defendant

The Third-Party Claim along with a copy of the filed Civil Claim, any filed Dispute Note, and a blank form of a Dispute Note to a Third-Party Claim must be served on the Third-Party Defendant within 30 days of the Dispute Note being filed. In this instance all available methods of service that are able to be used are outlined in the Affidavit of Service of Commencement Documents.

For service of the Third-Party Claim on the Plaintiff and other Defendants

The Third-Party Claim along with a copy of the filed Civil Claim, any filed Dispute Note, and a blank form of a Dispute Note to a Third-Party Claim must be served on the Plaintiff and other Defendants within 30 days of the Dispute Note being filed. In this instance all available methods of service that are able to be used are outlined in the Affidavit of Service of Non-Commencement Documents.

How do I serve documents that are not Commencement Documents?

All parties are required to provide an address for service when filing their documents. Service of all non-commencement documents should then be made to that address for service. Those documents may be served by regular mail or by e-mail or fax if an e-mail address or fax number has been provided. 

In this instance, an Affidavit of Service of Non-Commencement documents should be used.  

Can Court documents be served on any day of the week?

Yes, Court documents can be served on any day of the week. It is very important to keep track of the date the documents are served, as you will need this information to complete the Affidavit of Service.

How do I update the Court and other parties with my new address for service?

You must complete the form called Update to Address for Service and file it at the Alberta Court of Justice Office where the Civil Claim is currently filed.  

You must also send a copy to all other parties at their address for service.

How do you prove that service has been completed?

By completing an Affidavit of Service and filing it with the Alberta Court of Justice Office. The type of document you served determines the form of Affidavit of Service to complete. 

The types of affidavits of service are as follows:

The Affidavit of Service must be completed by the person who actually served the documents and must be sworn or affirmed before a Commissioner for Oaths, Justice of the Peace, or Notary Public, ensuring that all the required exhibits are attached to the Affidavit of Service. A clerk at any Alberta Court of Justice Office may commission your documents for you at no charge. You will be required to produce photo identification.  

After the Affidavit of Service is sworn or affirmed it should be filed with the Court of Justice Office where the Civil Claim is filed. There is no filing fee.  

Are there samples of exhibits required when serving by recorded mail?

Yes: