This
Notice to the Profession and Public confirms the requirements for seeking
expedited dates in family, civil and surrogate law hearings (including Special
Chambers applications and trials) in any judicial centre in the Province of
Alberta.
Expedited
dates are available only in cases where the Court accepts there is a strong prima
facie case that serious consequences to persons or harm to property may
arise if the hearing does not proceed on an expedited basis.
Whether
or not a strong prima face case exists will be determined by the Chief
Justice or designated Associate Chief Justice or their delegates (including
Regional Supervising Justices in regional court centres.
No
counsel or a party should request an expedited date from a Court staff member
or from a Justice not delegated to approve such dates. Consent of the parties
alone will not suffice for the ordering of an expedited hearing.
Any
request for an expedited date must be made in writing to the Chief Justice,
Associate Chief Justice, or their appointed delegate. Copies of any request for
an expedited date in a regional court centre shall be directed to the Regional
Supervising Justice.
Subject
to any order, any such requests must be on notice to all parties to the matter.
All requests must:
- Include any filed application/cross-application, sworn evidence, and, if applicable, filed or proposed oral hearing order pursuant to Notice to the Profession and Public NPP 2014-02;
- Comply with applicable civil, family or surrogate law Practice Notes particularly regarding pre-hearing steps, failing which the request must include proposed detailed alternate dates for steps leading up to the requested expedited date;
- Specify the parties’ agreement, if any, regarding the time required for the hearing, with or without oral evidence;
- Provide all parties’ detailed availability for an expedited date.
This notice does not dispense with the obligations of counsel or parties to confirm that
necessary forms have been filed and that any necessary hearing fees have been paid.