Motion To Strike Form For More Definite Statement In Kings
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Pursuant to Rule 13.5(1) of the Alberta Rules of Court, the parties to a review may agree to extend the time limit imposed by Rule 10.10.
A Statement of Claim is a document filed with the Court to formally start a lawsuit against a party who has caused you injury, financial loss, or any other harm that is compensable in law.
Introduced in 2018, it is a summary procedure under Rule 3.68 of the Alberta Rules of Court that may be used to address a “claim, defence, action, application, or proceeding that appears on its face to be frivolous, vexatious, or otherwise an abuse of process.” It is intended as a “fair and proportionate mechanism to ...
Motion to strike the Statement of Defence Subrule 30.08(2)(b) provides the Court with the authority to strike out a statement of defence where the defendant fails to serve an affidavit of documents in compliance with the Rules of Civil Procedure.
This precedent is a standard statement of claim that can be used by a plaintiff for a breach of contract claim at the Court of King's Bench of Alberta. This precedent includes practical guidance, drafting notes, and alternate clause. A civil claim to the Court must be brought by Statement of Claim (Form 10).
Much like the requirement for the Statement of Claim to be filed within two years of your accident, service of the Statement of Claim has to happen within one year of the filing of the Statement of Claim or your claim will expire (with very few limited exceptions) under the Limitations Act of Alberta.
Motion papers must be filed with the E-file/Motion Support Office located in Room 227, Ex Parte Office located on the 10th Floor, Foreclosure Part Office located Room 295, OR in the Guardianship/Mental Hygiene Office located in Room 285 (see Note #2), at 360 Adams Street at least five (5) business days before the ...
A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party.
The Kings County Supreme Court Civil Term handles civil matters, including name changes, matrimonial cases, foreclosures, mental hygiene applications, and elder law cases; while the Criminal Term handles felony criminal matters.
Rule 12(f) provides in relevant part that on motion or sua sponte, “the court may strike from a pleading . . . any redundant, immaterial, impertinent, or scandalous matter.” If Lexis annotations are a guide, relatively few litigants file Rule 12(f) motions on those grounds—and with good reason.
