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What is the timeline for a notice of appeal?

One of the most important things to know about an appeal is that there is a timeline that has to be followed in Alberta. If you do not adhere to this, even innocently, you may not be able to file an appeal.

First off, after you go to Provincial Court and you get a judgement, your notice of appeal has to be in within the next 30 days. To file this, you must go to the Provincial court office of the same court where that judgement was handed down. You then have to serve those in the case the Notice of Appeal, which you can either do by registered mail or in person.

Next, you have to go over to the Court of Queen's Bench Civil Document Filing Area, where you're going to file the records showing that payment was made, the Notice of Appeal, and an Affidavit of Service to show that you served all of the proper parties. You have another week to do this, giving you a total of 37 days from the original judgement. You then must file the transcript of evidence and any additional Affidavits of Service within three months of this later date.

If all of this is not done in three months, the court is going to dismiss the appeal. This is true even if you took some of the steps, such as filing the original Notice of Appeal.

Be sure that you know not only what legal steps you need to take to start an appeal, but when you must take those steps to allow the case to move forward.

Source: Alberta Courts, "Appeals," accessed May. 14, 2015

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Ridout Barron
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