Civil Claims Essay
In Alberta, the timeline to have a claim served by personal service and regular mail are as listed by Alberta Courts:
“The Civil Claim must be served on all Defendant(s) within 1 year of the date the claim was filed on. There are specific methods of service based on the type of Defendant named.
A Civil Claim will expire one year after being issued if it has not been served. If the Plaintiff is unable to serve the Defendant within one year of being issued, the Civil Claim can be renewed within that year by order of the Court for an additional 3-month period.”
“You may serve the Civil Claim and Form of Dispute Note on a person by:
• giving the documents to that person;
• leaving the documents at that person's most usual residence with a resident who is apparently 16 years of age or older; or
• mailing the documents by registered mail. The defendant or someone on the defendant's behalf will sign to receive the documents. Keep the original postal receipt. Contact your post office to obtain a Copy of Signature or a Certificate of Delivery Confirmation document”
To serve documents via substitutionally service “is an alternate way to serve a legal document, other than by personal service or recorded mail and the method is ordered by the Judge. …show more content…
The Affidavit would need 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 locations, an Affidavit in Support of Substitutional service is all that will be required for a Judge to review the request, but other Court locations require a court appearance before a Judge to grant an Order. If the Judge grants an order, typically the clerks’ office will prepare the Court order for self-represented parties. The Judge will ultimately make the final decision on how the party is to be
“The Civil Claim must be served on all Defendant(s) within 1 year of the date the claim was filed on. There are specific methods of service based on the type of Defendant named.
A Civil Claim will expire one year after being issued if it has not been served. If the Plaintiff is unable to serve the Defendant within one year of being issued, the Civil Claim can be renewed within that year by order of the Court for an additional 3-month period.”
“You may serve the Civil Claim and Form of Dispute Note on a person by:
• giving the documents to that person;
• leaving the documents at that person's most usual residence with a resident who is apparently 16 years of age or older; or
• mailing the documents by registered mail. The defendant or someone on the defendant's behalf will sign to receive the documents. Keep the original postal receipt. Contact your post office to obtain a Copy of Signature or a Certificate of Delivery Confirmation document”
To serve documents via substitutionally service “is an alternate way to serve a legal document, other than by personal service or recorded mail and the method is ordered by the Judge. …show more content…
The Affidavit would need 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 locations, an Affidavit in Support of Substitutional service is all that will be required for a Judge to review the request, but other Court locations require a court appearance before a Judge to grant an Order. If the Judge grants an order, typically the clerks’ office will prepare the Court order for self-represented parties. The Judge will ultimately make the final decision on how the party is to be