What is Practice Note 2?

 

 

If you are planning a trip to family law chambers in Alberta, you need to know about Practice Note 2 (PN2).

There are strictly enforced rules about the nature and types of files that can be argued in morning chambers. These rules also extend to the length of time you are allowed to speak to file. Only more straight-forward applications can be heard in regular morning chambers. More complicated matters must be scheduled for something called Special Chambers, where your matter will be the only one before the court and you will be allowed more time to speak to your matter.

PN2 provides that except in cases of urgency, the following types of applications cannot be heard in regular morning chambers:

1. Changes in custody
2. Substantial changes to a parenting arrangement; or
3. Retroactive child support for a period of six months or more.

The above matters must be scheduled for a Special Chambers sitting.
PN2 also sets out rules regarding the number and length of affidavits, as well as formatting rules regarding fort, line spacing, margins, etc.
The general rule is that affidavits cannot be more than eight pages w/ 40 pages of exhibits. There are different rules for reply and update affidavits, so be sure to check the practice note for specifics!

If your matter is scheduled for Special Chambers, there are very specific rules about when your affidavit must be filed. If you do not meet the filing deadlines, the court may impose costs or even strike your application. It is very important that you meet the deadlines.

Below is a link to Practice Note 2:

https://albertacourts.ca/qb/areas-of-law/family/practice-notes