Dispute Note Form 5 Alberta: Filing Steps, Copy Counts and Fees

The Dispute Note Is Not a Statement of Defence

If you have been served with a Civil Claim in the Alberta Court of Justice, your response document is called a Dispute Note — not a Statement of Defence. The Statement of Defence is the response form used in the Court of King's Bench, Alberta's superior trial court. The two courts have different rules, different forms, and different fees.

This distinction matters because online searches for "how to respond to a lawsuit in Alberta" return guides for both courts mixed together. If you follow King's Bench pleading instructions to draft your Court of Justice response, you will produce the wrong document in the wrong format.

The Alberta Court of Justice was renamed from the Provincial Court of Alberta effective April 1, 2023. Older resources still reference "Provincial Court" or "Small Claims Court" — these are the same court, now operating under the Court of Justice name.

Where to Get the Form

The official Dispute Note form is available from:

• Albertacourts.ca — the Court of Justice, Civil Division section, under "Forms"
• Any Court of Justice clerk's office — blank copies are available at the registry counter
• Your claim package — when the plaintiff served you, the package should have included a blank Dispute Note form

The form is straightforward. You fill in the court location, action file number (copied from the Civil Claim), party names, and then select your response track: dispute in full, dispute in part, admit, propose instalments, or counterclaim. A short written section explains your position.

Copy Count Requirements

When filing in person, bring enough copies for the court to process:

• One original for the court file
• One copy for each plaintiff (the court clerk mails stamped copies to the other parties)
• One copy for your own records

In a standard two-party claim, that means three copies: the original, one for the plaintiff, and one for your records. If there are multiple plaintiffs, add one copy for each additional plaintiff.

The clerk will stamp and date each copy. Keep your stamped copy — it proves your filing date if there is any later dispute about whether you met the deadline.

Filing Fee

The Dispute Note filing fee is $50 for a standard response without a counterclaim.

If your Dispute Note includes a counterclaim:

• $100 for counterclaims up to $7,500
• $150 for counterclaims over $7,500 (up to the $100,000 court limit)

Payment at the clerk's office is by cash, debit, or credit card. If filing by mail, include a cheque or money order payable to the "Government of Alberta."

If you cannot afford the fee, you can apply for a fee waiver by submitting an Application for Fee Waiver with a Statement of Finances and supporting documentation (bank statements, pay stubs, or income support letters). An approved waiver is valid for six months.

Three Ways to File

In person at any Alberta Court of Justice clerk's office. The clerk checks your form for completeness, takes your fee, stamps the copies, and returns your copy on the spot. This is the fastest and most reliable method.

By mail to the court clerk's office. Include your completed form, the filing fee by cheque or money order, and a self-addressed stamped envelope for your stamped copy. A mailed filing is registered on the date the clerk receives it — not the postmark date. If your deadline is close, mail is risky.

Electronically through the Alberta Court of Justice civil filing portal, where available. Not all court locations support electronic filing for Court of Justice matters. The King's Bench Filing Digital Service (FDS) does not handle Court of Justice documents.

Common Rejection Reasons

The clerk will not accept a Dispute Note that:

• Attaches evidence. Emails, photos, receipts, and contracts do not go with the Dispute Note. Court rules are explicit: nothing else is to be attached. Evidence comes later, at mediation or trial.
• Misidentifies the action. If the file number, court location, or party names do not match the Civil Claim exactly, the clerk will send you back to correct it.
• Is filed in the wrong court. A Dispute Note filed at the Court of King's Bench registry instead of the Court of Justice registry will be refused.
• Missing filing fee. No fee, no filing. The fee waiver application must be approved before you can file without paying.

What the Clerk Does After Filing

Once the Dispute Note is accepted, the clerk mails a stamped copy to all other parties by regular mail. You do not need to serve the plaintiff yourself — unless your Dispute Note includes a counterclaim that adds a new party or a third-party claim. In that case, you are responsible for serving the new party directly.

The matter then enters a resolution track. The court will send a notice scheduling either civil mediation or a pre-trial conference, depending on the court location and the nature of the claim.

Step-by-Step Filing Walkthrough

The Responding to a Civil Claim in Alberta guide includes a filing audit log that tracks every step — from form completion through copy counts, fee payment, and clerk confirmation. It also walks through drafting the Dispute Note's written section so your position is clear and correctly framed for the court.

See more Alberta guides →