If parties decide Trial is necessary, they must file a Form 37 with the Court advising they are ready for Trial. Form 37 outlines for the Court how long of a Trial, how many witnesses, administrative requirements, as well as which Justices are precluded from hearing the matter due to conflicts. A party may also bring an application in Form 38 to request the Court order a Trial be set. Three months prior to the Trial date the parties must file a Form 39 confirming the parties are ready to proceed to Trial and modify any information respecting witnesses or needs during the Trial. Failure to confirm readiness for Trial will result in the Trial being canceled. Once the date is confirmed, the cost for setting the matter for Trial is $600.00 plus $250.00 per day of Trial exceeding 5 days.
Jury Applications may be made at any time from the commencement of the matter through to prior to making application to the Court for a Trial date. On application, the Court will determine whether the matter is appropriate to be heard before a jury or not. A jury consists of six members of the public. A decision need not be unanimous - it can be rendered with an agreement of five out of six jurors agreeing. It should be noted that few civil cases are tried by jury and the Court is reluctant to order jury trials.
Appeals are heard by the Alberta Court of Appeal which sits in both Edmonton and Calgary.