Can You Attach Evidence to a Dispute Note in Alberta?

No — and It's the Top Reason Filings Get Rejected

The Alberta Court of Justice is explicit on this point: nothing is to be attached to the Dispute Note. Not photos. Not contracts. Not text message screenshots. Not emails. Not invoices. Not repair estimates.

This is one of the most common mistakes defendants make, and it results in the court clerk sending you away to redo your filing. If you're near the end of your 20-day response deadline, a rejected filing can be the difference between getting your response in on time and facing a default judgment.

Why the Rule Exists

The Dispute Note stage is about establishing that a dispute exists and outlining the basic facts, not about proving your case. The Court of Justice separates the response phase from the evidence phase for practical reasons:

• It keeps the initial filing simple and fast for both parties and the court
• It prevents one side from burying the other in documents before the case is even scheduled
• Evidence exchange has its own structured timeline, with disclosure deadlines tied to the hearing date

Attaching evidence at the Dispute Note stage doesn't help your case — the Justice won't see it until the matter proceeds to a resolution track, and by then the evidence needs to follow the court's disclosure procedures anyway.

When and How Evidence Is Actually Exchanged

Once your Dispute Note is filed and the case is assigned to a resolution track, evidence exchange follows a schedule set by the court:

Pre-trial conference: Both parties exchange all records they intend to rely on at least 14 days before the conference date.

Simplified trial (for straightforward disputes, scheduled for 1–1.5 hours): File and serve a Trial Statement attaching all proposed evidence at least 14 days before trial. Serve a copy on the opposing party at least 7 days before trial.

Standard trial: Exchange all proposed trial records — contracts, invoices, photos, text messages, emails — at least 30 days before the trial date.

These deadlines give both sides time to review the other party's evidence and prepare their response. Dumping everything into the Dispute Note skips this structure entirely.

What to Do with Your Evidence Right Now

Even though you can't attach evidence to your Dispute Note, you should start organizing it immediately:

• Gather everything — contracts, receipts, invoices, photos, text messages, emails, and any written correspondence related to the dispute
• Create a chronological file — arrange documents by date so you can tell the story of what happened in order
• Note gaps — identify any evidence you'll need from the other party or from third parties (bank statements, repair estimates from independent contractors, delivery records)
• Preserve digital evidence — take screenshots of text messages and social media posts now, before they're deleted

When the court schedules your hearing and sets disclosure deadlines, you'll assemble this material into a structured exhibit binder. Each document gets labelled, organized by tab, and presented with the required number of copies.

What Goes in the Dispute Note Instead

Your Dispute Note contains a written statement of your position — not evidence, but the factual narrative. Describe what happened, what you agree with in the claim, what you dispute, and why. The statement should be specific enough that the court understands the nature of the disagreement, but you don't need to prove anything at this stage.

For example, instead of attaching a photo of defective renovation work, write: "The plaintiff's invoice includes $4,500 for bathroom tile work. The tile installation was defective — grout lines were uneven and multiple tiles cracked within two weeks of installation. The defendant obtained an independent quote of $2,800 to redo the work."

That establishes the dispute. The photos come later.

Filing It Right

The Alberta Civil Claim Response Guide covers the complete evidence timeline — from what goes in the Dispute Note to how to build your exhibit binder for trial — with a document inventory worksheet that tracks every piece of evidence you have and when each disclosure deadline hits. No wasted trips to the registry, no rejected filings.

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