| GLOSSARY
The following terms are used throughout the booklets and during the application process:
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Action
A lawsuit or an application made in the courts. For example, when you apply to the court for a change in child support or to gain custody of a
child, you are taking a legal action. You may take a legal action to enforce your rights or to correct a wrong done to you by another person.
When an action is started, the court assigns it an action number. This number is then used in all of the documents related to the action filed
with the court. See Rules of Court: Rules 6-12 and Rule 563.
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Affidavit
A written statement of facts that a person swears or affirms are true before a commissioner for oaths. The facts in the statement will be used
as evidence in court. See definitions for evidence and fact. Affidavits may also be used to prove the identity of the person signing a
document and to prove that you have delivered documents to another person. These types of Affidavits are called an Affidavit of Execution and an
Affidavit of Service and are explained below. See Rules of Court: Rules 298-314 and Family Law Practice Note 3.
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Affidavit of Execution
This is a written statement in which a person swears or affirms that they witnessed another person signing a document and verifies the identity of the
person signing.
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Affidavit of Service
This is a written statement telling when, where and how documents have been served on another person, and how that person was found and identified.
It is sworn or affirmed to and signed by the person who served the documents. See the definition for service.
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Applicant
The person who is making an application to the court. See the definitions for respondent and application.
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Application
Asking the court to make an Order. You can make several applications in the course of a court action. See the definitions for action, Notice of
Motion and Order. See Rules of Court: Rule 384-387 and 573-574 and Family Law Practice Note 3.
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Approval as to Form and Content
Signing an Order that was not signed by the judge when the application was made. If an Order is not signed by the judge when the application is
made, the respondent must sign the Order to show that they agree that the Order they receive is the same as the Order given by the judge in court.
This does not mean that the person agrees with the Order. See the definition for consent. See Rules of Court: Rule 323.1.
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Arrears
Any amount that has not been paid on a Support Order. If the monthly amounts ordered to be paid are not paid, they become arrears. Arrears
can only be reduced by payment or by Order of the court.
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Backer
The last page of a court document. It lists the action number, style of cause and your address on the right-hand side of the page. See
definitions for action and style of cause.
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Chambers (court)
A type of court where the judge makes a decision based upon affidavit evidence alone rather than oral testimony. Chambers applications usually
take 10 to 20 minutes in total. If they are more complicated they should be scheduled for a special chambers date. At some court houses
there is a separate chambers for family matters.
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Chambers Clerk
Person in charge of reviewing and filing of court documents (notices of motion, affidavits, all related Court Orders, etc.), commissioning of
affidavits for court matters, and processing documentation for scheduling of court lists. Can provide information on available court dates and
filing deadlines.
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Chambers Office / Clerk’s Office
A department of the Court of Queen’s Bench Clerk’s Office. In smaller centres the chambers section may not be separately identified,
but would be part of the Queen’s Bench Clerk’s Office. The Chambers Office deals with chambers matters only. See definition for
Chambers Clerk for functions of the Chambers Office.
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Clerk in Court
Person who organizes the court files and records the outcome of the court application for the judge. The clerk sits at the front of the court
below the judge.
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Commissioner for Oaths
Someone authorized by the province to swear or “commission” affidavits. Lawyers and court clerks are commissioners for oaths. Often
banks and real estate offices have commissioners.
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Consent
When a person voluntarily agrees to something proposed by another. If you sign an Order saying you are consenting to the Order, you are saying
that you agree with everything that has been stated in the Order.
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Consent Order
A Court Order signed by both parties showing they agree with everything that is in the Order.
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Court
In this booklet, court refers to the Alberta Court of Queen’s Bench.
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Corollary Relief
Orders that may be granted at the time of divorce. Some examples of this are Orders related to custody, access and child support.
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Costs
This is money that must be paid to another party or to the court. You may be ordered to pay costs if you are unsuccessful with your application
or if you fail to attend a scheduled court date. See Rules of Court: Schedule C.
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Defendant
The person responding to a court action. If you start a divorce action, you are the plaintiff and your spouse is the defendant.
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Dismissal
A judge’s refusal to grant an application.
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Evidence
In court, the statements that are given under oath or the documents or other items that are shown to prove your case or disprove another person’s
case.
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Exhibit
Any paper or document that is referred to, or mentioned, in an Affidavit. It should then be marked as an “Exhibit” and attached as a part of
the Affidavit. See Rules of Court: Rules 311-312.
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Fact
A thing that is known to have occurred, to exist, or to be true. It is a piece of factual evidence. See Rules of Court: Rules 305(1).
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Federal Child Support Guidelines
These Guidelines are changes to the Divorce Act that were introduced on May 1, 1997. They are made up of rules and tables for calculating the
amount of child support that should be paid based on income, number of children, and the province or territory of residence.
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File / Filing
Giving documents to the court clerk to place on the court file. Any documents to be filed must have a backer, with the action number written on
it, so that the clerk can find the file. See Rules of Court: Rules 8-9.
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Gross
The total amount before any deductions. For example, gross income would be the total dollars that a person receives before any income taxes are
deducted. The gross cost of daycare is the cost of daycare before any subsidies or income tax deductions are taken into account. See
definition of net.
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In Loco Parentis
A legal term for someone who is not a biological parent of a child but who acts like a parent to the child. The court may treat that person the
same as a biological parent for custody and access rights. The court may also decide that the person has a financial responsibility to support
the child.
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Judge
In these booklets, judge means a Justice of the Court of Queen’s Bench.
Judicial Districts
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Locations of Courts of Queen’s Bench These include Grande Prairie, Peace River,
Fort McMurray, St. Paul, Edmonton, Wetaskiwin, Red Deer, Calgary, Drumheller, Lethbridge and Medicine Hat. See the inside back cover of this
booklet for addresses and phone numbers.
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Maintenance Enforcement Program (MEP)
A provincial government department that is authorized to collect child and spousal support on behalf of the person entitled to receive the support.
MEP may take steps such as garnishee (seizure) of bank accounts and pay cheques, seizure of assets, and suspension of driver’s licences if support
payments are not made voluntarily. MEP cannot reduce the amount of support payable, and MEP will not stop enforcing the Order unless instructed
to do so either by the creditor or by the court. See definition of Stay of Enforcement.
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Net
The amount after deductions. For example, net income refers to a person’s income after income taxes are deducted. The net cost of
daycare is the cost of daycare after any subsidies or income tax deductions are taken into account. See definition of gross.
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Notice of Motion
A court form that is filed by the applicant. It tells the court and the respondent the date, time and place of the upcoming application, and
everything the applicant will be asking the court for. See Rules of Court: Rule 384.
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Notice to Disclose
A document that asks a person to provide financial information. See Family Law Practice Note 2.
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Order
What the judge directed in court. The Order is then written up by the applicant and signed by the judge, or by the clerk of the court on the
judge’s behalf. See the definition for approval as to form and content. See Rules of Court: Rules 315-330.
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Party
Someone who is directly involved in the court action or application. A party is either a plaintiff or defendant, or an applicant or respondent.
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Petitioner
The person who starts a court action, for example, a divorce action. Divorces started before 1997 named the parties as petitioner and
respondent. After 1997, they were named plaintiff and defendant.
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Plaintiff
The person who starts a court action, for example a divorce action. See definition for defendant.
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Respondent
A person who is responding to an application to the court. See definition for applicant.
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Rules of Court
A book of rules that contains the basic procedures that must be followed for beginning and carrying out a court action.
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Service
Delivering a document to the other party in an action or application. The documents must be served in a way that is described in the Rules of
Court or allowed by the court in an Order for Substitutional Service. See Rules of Court: Rules 13-26 and 564.
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Statement of Claim
A document that starts a court action unless stated otherwise in the Rules of Court or legislation. See Rules of Court: Rule 6(1).
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Statute
A law passed by the government. For example, the Divorce Act is a law passed by the federal government and the Parentage and Maintenance Act is
a law passed by the provincial government.
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Stay of Enforcement
An Order of the Court of Queen’s Bench telling the Maintenance Enforcement Program to stop taking steps to collect any support that is still owed by
a person. A Stay of Enforcement is often ordered for a limited time period, and is usually ordered with conditions imposed upon the person who
is required to pay the support. For example, one condition may be that minimum monthly payments must be made or the Stay of Enforcement will
end.
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Style of Cause
The part of any court document that identifies the type of court, and the place where the action will be heard (judicial district), the full names of
the parties, and the name of the document. The style of cause is found at the top of the first page and on the backer of every court document
filed. It must be exactly the same in all documents.
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Substitutional Service Order
If it is impossible or impractical to serve the respondent personally with court documents, you may ask the court for an Order that will allow you to
serve the respondent in a different way. The court may then grant a Substitutional Service Order. This defines how you can serve the
respondent with the court documents. Examples of substitutional service are: posting the document on the person's door; delivery by regular mail
or courier; delivery to someone else who know or lives with the person; or advertising in the newspaper.
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Support Order
An Order made by a court directing that money be paid, usually on a monthly basis, for either spousal support or child support. The word
“maintenance” can be used instead of “support.” In the past, the term “alimony” was used to refer to spousal support.
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Variation Order
A Court Order that changes the terms of an existing Court Order.
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Created: August 26, 2000
Updated: October 29, 2001
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