To serve court documents means to give them to the other person in a way that can be proven to the court. You must serve most of the court documents that you file at the courthouse.
The usual ways to serve someone are in person or by registered mail. If you cannot serve someone using one of these methods, you can ask the court for permission to serve them some other way, such as by email.
On this page, “partyparty An individual or business involved in a court case.” refers to a person in a court case, including their lawyer.
Need to know
- You must usually serve the other person with court documents you file in a court case.
- You usually must serve the other partyparty An individual or business involved in a court case. in person or by registered mail unless you both agree in writing to a more convenient way, such as email.
- Process servers are professionals you can pay to find and serve documents on someone else.
- If you are having trouble serving someone, you can ask the court’s permission to serve them some other way, such as through social media.
- After you serve someone, you must complete and file an affidavit of service with the court to prove you completed this step.
Get started
Learn the basics about family courts and laws in Alberta before you serve court documents.
Then, there are a few other things you must do before you can serve someone.
You do not have to serve your court documents on the other person:
- in urgent or emergency situations. For example, if you are experiencing family violence, you can ask the court for an order to keep you and your children safe without notifying the other person.
- if you are going to court to ask for a substitutional service order or to dispense with service. (These orders are described further below.)
Going to court without serving the other person is known as a without noticewithout notice A court appearance where the applicant does not have to serve court documents or give notice about the court date beforehand to the respondent. or ex parteex parte A court appearance where the applicant does not have to serve court documents or give notice about the court date beforehand to the respondent. applicationapplication A court appearance where the applicant asks the court for an order to resolve some or all of their legal issues..
If the court grants an order during a without noticewithout notice A court appearance where the applicant does not have to serve court documents or give notice about the court date beforehand to the respondent. applicationapplication A court appearance where the applicant asks the court for an order to resolve some or all of their legal issues., it is usually a temporary order. The court will give further instructions on when and how to notify the other partyparty An individual or business involved in a court case. about what is happening.
A filed court document is one that has a stamp from the court on it. You can only serve documents after you file them, not before.
You will need at least three copies of the documents you are filing: one for the court, one for you and one for the other partyparty An individual or business involved in a court case.. If there is more than one partyparty An individual or business involved in a court case. on the other side, you need a copy for each of them.
You have two options:
- Take the original document and several copies to the courthouse. The court will stamp each copy and keep the original.
- Take the original document and one copy to the courthouse. The court will stamp the copy and give it back to you. Then you can make more copies of it before you serve it.
If you take only the original document to the courthouse to file, the court will file it and charge you for making photocopies of it.
Any copies of the original document must be clear and easy to read. If the copy you give the other partyparty An individual or business involved in a court case. is not easy to read, such as if you take a picture of the original and print it, the court may decide you did not properly serve them.
If you don’t know where the other partyparty An individual or business involved in a court case. is, you will have to try to find contact information for them, such as a mailing or email address.
Some ways to try to find them include:
- searching for them online or on social media platforms
- hiring someone to find them for you, such as a private investigator or process serverprocess server A person you pay to help you find and personally serve court documents on someone else.
- contacting family, friends and employers to see if anyone knows their current location
- requesting a demographic search at a registry for individuals who live in Alberta. The registry will need their full name and any other info you have to search motor vehicle records for the person’s last registered address. The fee for this search depends on the registry.
- requesting a corporate search at a registry for corporations or partnerships in Alberta. The result will be the business’ registered office. The fee for this search depends on the registry.
- contacting their sport or hobby groups
- searching Canada 411
If you have tried all these options and still cannot find them, you can ask the court for a substitutional service order. Read about these orders below.
Ways to serve court documents
Personal service
This means to serve a partyparty An individual or business involved in a court case. by hand-delivering them the court documents. The partyparty An individual or business involved in a court case. is served as soon as someone hands them the papers. You can ask an adult family member or friend or a process serverprocess server A person you pay to help you find and personally serve court documents on someone else. to serve documents this way.
In many situations, you can serve a partyparty An individual or business involved in a court case. yourself by handing them the court documents. However, you cannot personally serve a partyparty An individual or business involved in a court case. if you are not allowed to contact them or if you are serving a Statement of Claim for Divorce or Statement of Claim for Divorce and Division of Family Property.
Registered mail
This means to serve a partyparty An individual or business involved in a court case. by mailing them a package with a tracking number. You will have to a pay a fee at the post office for this option. Make sure you request a signature from the person who receives the package. To prove the package was delivered, attach the delivery receipt to your affidavit of service as an exhibitexhibit A document you refer to in and attach to your affidavit that helps you prove the truth of the statement you are making..
Substitutional service
This means to serve a partyparty An individual or business involved in a court case. in a way that is not personal service, registered mail or some other way you agreed to. You need a court order, known as a substitutional service order, to serve someone this way. Read more about these orders below.
Serving court documents by email is allowed, but only under certain conditions.
You cannot serve a document that starts a court action, such as a Statement of Claim, by this method unless the court grants a substitutional service order allowing you to do so.
For all other court documents, you can serve them by email if all partiesparties The people involved in a court case. agree in writing (such as a text or email) to accept service by email or if you have a substitutional service order allowing you to do so.
The other partyparty An individual or business involved in a court case. must receive the document in a form they can use and reference, such as a scanned document sent as an attachment. Request a delivery receipt for the email to confirm it was delivered.
If you need a process server
A process serverprocess server A person you pay to help you find and personally serve court documents on someone else. is a person who will serve documents for a fee. They will help you find the other partyparty An individual or business involved in a court case.. Once they have completed service, they will complete the affidavit of service and give it to you to file at the courthouse.
If you have a lawyer, they will arrange a process serverprocess server A person you pay to help you find and personally serve court documents on someone else. for you.
If you don’t have a lawyer, you can find a process serverprocess server A person you pay to help you find and personally serve court documents on someone else. by searching online or by asking friends, family or a lawyer.
Decide how to serve the other person
Usually, you can choose how you want to serve the other person. See the section above about several options for serving documents.
However, there are special rules about serving court documents in certain situations. Before you decide how to serve the other person, review the situations below to see if any apply to you.
Talk to a Family Court Counsellor or get other legal help before you serve documents to make sure you can do so in a way that keeps everyone safe.
The other partyparty An individual or business involved in a court case. must receive these documents by personal service, not any other way. However, you cannot be the one to personally hand the documents to them. A family member, friend or process serverprocess server A person you pay to help you find and personally serve court documents on someone else. must personally serve the documents on the other partyparty An individual or business involved in a court case..
You must give a photo of the other partyparty An individual or business involved in a court case. to whomever serves the documents. The person who serves the documents must complete an affidavit of service and attach the photo as an exhibitexhibit A document you refer to in and attach to your affidavit that helps you prove the truth of the statement you are making..
You can serve court documents through MEPMEP A free government service that collects court-ordered child support and spousal/partner support payments from the payor and distributes them to the recipient. MEP stands for Maintenance Enforcement Program.. There is a fee for this service. Contact MEP for more information.
If the partyparty An individual or business involved in a court case. you are serving does not live in Alberta but does live within Canada, you can serve them by personal service, registered mail or substitutionally. You may have to get a process serverprocess server A person you pay to help you find and personally serve court documents on someone else. in the other province or territory to help you.
If the partyparty An individual or business involved in a court case. you are serving lives outside of Canada, you need a court order from an Alberta court to be able to serve that partyparty An individual or business involved in a court case.. When you serve the partyparty An individual or business involved in a court case. with documents, you must include a copy of the court order that gives you permission to serve them.
Get legal support to learn more about serving documents outside Alberta and Canada.
Serve the other person by the deadline
The deadline for serving a partyparty An individual or business involved in a court case. depends on what type of document you are serving and where the other partyparty An individual or business involved in a court case. is located. Remember, the person must receive the documents by the deadline. Give yourself time to complete the service process before the deadline.
For example, if you are serving someone by registered mail, make sure you go to the post office to mail the documents several days before the deadline.
If you are running out of time, you can ask the court for permission to extend the deadline to serve the other person. However, you must have a good reason for needing more time.
If you cannot find the other person before the deadline, you can ask the court for a substitutional service order to serve them another way.
| Court document | Deadline to complete service |
|---|---|
| Affidavit by respondentrespondent The person who responds to the applicant’s request for an order. to respond to applicantapplicant The person who applies for a court order.’s Family Application (Court of King’s Bench) | As soon as possible before the court date |
| Civil Claim – Family Law Act (Court of Justice or the Court of King’s Bench) | If the person you are serving is in Alberta: at least 20 days before the court date If the person you are serving is outside Alberta but within Canada: at least 1 month before the court date If the person you are serving is outside Canada: at least 2 months before the court date |
| Family Application (Court of King’s Bench) | At least 5 days before the court date |
| Notice to Attend Family Docket Court (Court of King’s Bench) | The Family Docket Court processes in Calgary and Edmonton have changed effective September 3. Please consult with the court regarding the new processes and check back here for updates. |
| Response – Family Law Act (Court of Justice or the Court of King’s Bench) | At least 10 days before the court date |
| Statement of Claim for Divorce or Statement of Claim for Divorce and Division of Family Property (Court of King’s Bench) | Within 1 year after filing (unless the court grants a 3-month extension before the one-year deadline) |
| Statement of Defence for Divorce, Statement of Claim for Defence and Division of Family Property or Counterclaim (Court of King’s Bench) | If the person you are serving is in Alberta: at least 20 days before the court date If the person you are serving is outside Alberta but within Canada: at least 1 month before the court date If the person you are serving is outside Canada: at least 2 months before the court date |
Get a substitutional service order
You can ask the court for permission to serve a partyparty An individual or business involved in a court case. in some other way if you cannot find them or if you have tried unsuccessfully to serve them personally or by registered mail. This is known as substitutional service.
Common ways to serve someone substitutionally include:
- posting court documents to the door of their home or place they are staying
- personally serving someone they are in close contact with, such as a friend or co-worker
- sending court documents to them via Messenger or another online messaging service
- emailing them court documents
You must get a court order allowing you to serve a partyparty An individual or business involved in a court case. substitutionally. If you serve the documents in a different way without the court’s approval, you may have to serve the documents again.
Follow the three steps below to get a substitutional service order.
Complete an affidavit of attempted service
You must write an affidavit that says how you tried to serve the other person.
Download the Affidavit of Attempted Service from the Alberta Courts’ website. At the top of the form, check the box for the court you are in.
File your Affidavit of Attempted Service at the courthouse before you go to court. Use the same file number and courthouse as is on your other court documents.
Go to court during Chambers
You must go to court during ChambersChambers Courtrooms that are open to the public with many people present where a justice can hear many cases and grant court orders. The people in a case have 20 minutes or less to speak with the justice and ask for a court order. to ask the court for a substitutional service order. This is a without noticewithout notice A court appearance where the applicant does not have to serve court documents or give notice about the court date beforehand to the respondent. or ex parteex parte A court appearance where the applicant does not have to serve court documents or give notice about the court date beforehand to the respondent. applicationapplication A court appearance where the applicant asks the court for an order to resolve some or all of their legal issues..
When it’s your turn to speak to the justicejustice The title for judges in both the Alberta Court of Justice and the Court of King’s Bench of Alberta., hand the clerk a copy of your filed Affidavit of Attempted Service, who will hand it to the justicejustice The title for judges in both the Alberta Court of Justice and the Court of King’s Bench of Alberta.. Tell the justicejustice The title for judges in both the Alberta Court of Justice and the Court of King’s Bench of Alberta. how you tried to serve the other person and how you would like to try to serve them substitutionally.
The court will prepare a court order and let you know when it’s ready.
Learn more about what to expect in court on the Before you go to court page.
Try to serve the person again
Now that you have the court’s permission to try to serve the person another way, it’s time to give it another shot. Try to serve the person using whatever method is described in your court order. You must follow the substitutional service order.
When you serve the other person, you also must include a filed copy of the substitutional service order with the other court documents you are trying to serve them with.
If you still cannot serve the other person, you can ask the court for permission to not serve them at all. Follow steps 1 and 2 above again and this time ask the court for an order “dispensing with service.”
Complete and file an Affidavit of Service
Once you have served someone, complete an affidavit of service to prove to the court you did this. You should only complete the affidavit once you know for sure the other person has received the documents.
For example, if you have served them by registered mail, you must have proof that the package was delivered, not just that you mailed it.
Use the right affidavit of service
The court form you use depends on your role in the case and the court forms you are serving. Review the process you are following on the Get or respond to a court order page to understand which affidavit to use.
Include the right information
Whomever serves the documents should complete and sign the affidavit of service.
Be sure the affidavit includes the following information:
- who was served
- who served the forms
- what forms were served
- how they were served
- when they were served
- where they were served, such as the address if you served the documents by registered mail or in person
You should also include any documents that prove service as exhibits to your affidavit. For example, if you served documents by registered mail, enter the tracking number on the Canada Post website and print the delivery receipt that shows the signature of the person who received the package. If you served documents by email, print a copy of the email and the delivery receipt you receive once the email has gone through.
Do not sign the affidavit until you meet with the Commissioner for OathsCommissioner for Oaths A person appointed by the Government of Alberta to administer oaths, certify a document is a true copy of another and witness the signing of legal documents to be used in Alberta only. For example, a person can swear/affirm an affidavit before a Commissioner for Oaths that will be used in Alberta. or Notary PublicNotary Public A person appointed by the Government of Alberta to administer oaths, certify a document is a true copy of another and witness the signing of legal documents to be used anywhere in the world. For example, a person can swear/affirm an affidavit before a Notary Public that will be filed with a court in another province..
Meet with a Commissioner for Oaths or Notary Public
You must swearswear To promise something is true before God. For example, to swear an affidavit means to promise before God that its contents are true. or affirmaffirm To promise something is true and binding on your conscience. It is a non-religious option. For example, to affirm an affidavit means to promise its contents are true. the contents of your affidavit are true before a Commissioner for OathsCommissioner for Oaths A person appointed by the Government of Alberta to administer oaths, certify a document is a true copy of another and witness the signing of legal documents to be used in Alberta only. For example, a person can swear/affirm an affidavit before a Commissioner for Oaths that will be used in Alberta. or Notary PublicNotary Public A person appointed by the Government of Alberta to administer oaths, certify a document is a true copy of another and witness the signing of legal documents to be used anywhere in the world. For example, a person can swear/affirm an affidavit before a Notary Public that will be filed with a court in another province.. The Commissioner for OathsCommissioner for Oaths A person appointed by the Government of Alberta to administer oaths, certify a document is a true copy of another and witness the signing of legal documents to be used in Alberta only. For example, a person can swear/affirm an affidavit before a Commissioner for Oaths that will be used in Alberta. or Notary PublicNotary Public A person appointed by the Government of Alberta to administer oaths, certify a document is a true copy of another and witness the signing of legal documents to be used anywhere in the world. For example, a person can swear/affirm an affidavit before a Notary Public that will be filed with a court in another province. must also mark and sign each exhibitexhibit A document you refer to in and attach to your affidavit that helps you prove the truth of the statement you are making..
Who you meet with depends on where you are and where the court you are filing it in is.
- If you are in the same province as the court you are filing the affidavit in, meet with a Commissioner for OathsCommissioner for Oaths A person appointed by the Government of Alberta to administer oaths, certify a document is a true copy of another and witness the signing of legal documents to be used in Alberta only. For example, a person can swear/affirm an affidavit before a Commissioner for Oaths that will be used in Alberta..
- If you are in a different province from the court you are filing the affidavit in, meet with a Notary PublicNotary Public A person appointed by the Government of Alberta to administer oaths, certify a document is a true copy of another and witness the signing of legal documents to be used anywhere in the world. For example, a person can swear/affirm an affidavit before a Notary Public that will be filed with a court in another province..
Most court clerks at courthouses are Commissioners for Oaths. You can also find one by searching online though they may charge you a fee for their services.
You cannot change your affidavit or any exhibits after the Commissioner for OathsCommissioner for Oaths A person appointed by the Government of Alberta to administer oaths, certify a document is a true copy of another and witness the signing of legal documents to be used in Alberta only. For example, a person can swear/affirm an affidavit before a Commissioner for Oaths that will be used in Alberta. or Notary PublicNotary Public A person appointed by the Government of Alberta to administer oaths, certify a document is a true copy of another and witness the signing of legal documents to be used anywhere in the world. For example, a person can swear/affirm an affidavit before a Notary Public that will be filed with a court in another province. signs it.
File the affidavit of service at the courthouse
Once the affidavit of service has been signed, you must file it at the courthouse. Use the same file number and courthouse as is on your other court documents.
Take the original and at least one copy. The court will keep the original and give you back the copy with a stamp on it.
Potential issues
You do not serve the court documents on the other person before the deadline.
The court can cancel your claim or applicationapplication A court appearance where the applicant asks the court for an order to resolve some or all of their legal issues.. If this happens, you can start a new claim or applicationapplication A court appearance where the applicant asks the court for an order to resolve some or all of their legal issues. as long as the limitation periodlimitation period The time a person has to start a lawsuit once the legal issue arises. In Alberta, the limitation period is usually two years but can be longer or shorter depending on the legal issue. has not passed. If the limitation periodlimitation period The time a person has to start a lawsuit once the legal issue arises. In Alberta, the limitation period is usually two years but can be longer or shorter depending on the legal issue. has passed, you may be out of luck and lose your opportunity to make a claim.
If you don’t think you will be able to serve the documents before the deadline, depending on your situation, you may be able to ask the court to extend the deadline, grant a substitutional service order or dispense with service.
You do not file your affidavit of service before your court date.
If you cannot file the affidavit of service before your court date, you must at least bring the unfiled completed document to court with you and be sure to file it afterwards. If the other person does not show up, the court will want proof that you served them properly.