Part of Court appeals

Get an appeal record

How to get an appeal record for the Court of Appeal – and then file and serve it.

Overview

To file an appeal at the Court of Appeal, the person filing the appeal – called the appellant – must order and file the appeal record.

Get an appeal record in one of the following ways:

  • you create it on your own
  • Transcript Management Services (TMS) – a Government of Alberta service – creates it
  • you have a commercial preparer create it

Pick one of the methods below to create an appeal record, then follow the steps.

You create the appeal record

Step 1. Order transcripts online

All transcripts must be ordered online.

Go to the order a courtroom transcript web page to order the original court hearing transcript.

Step 2. File your electronic transcript (optional for fast track appeals)

After you’ve received your transcript, file an electronic copy with the Court of Appeal.

If it is a fast track appeal, you don’t need to follow this step.

Step 3. Gather your documents

Civil appeals and criminal appeals need different documents. The Alberta Rules of Court lists the documents for different appeals.

Alberta Rules of Court – Civil appeal documents

For civil appeals, find out which documents you must include with your appeal record in the Alberta Rules of Court: Sections 14.18 to 14.20.

Alberta Rules of Court – Criminal appeal documents

For criminal appeals, find out which documents you must include with your appeal record in the Alberta Rules of Court: Sections 16.13 to 16.14.

Step 4. Finish your appeal record

An appeal record for civil matters and an appeal record for criminal matters are different.

Read the appeal record requirements to find out how to correctly prepare the appeal record for your situation.

Also, it is important to know the Alberta Rules of Court for different appeal records:

Alberta Rules of Court – Civil appeal

For civil appeals, review important information about your appeal record in the Alberta Rules of Court: Sections 14.15 to 14.22.

Alberta Rules of Court – Criminal appeal

For criminal appeals, review important information about your appeal record in the Alberta Rules of Court: Sections 16.12 to 16.15.

Step 5. File and serve your documents

The appellant is responsible for:

  • filing all copies of the appeal record with the Registrar of the Court of Appeal
  • serving a copy of the appeal record to all other parties

See the deadlines for filing an appeal record.

TMS creates the appeal record

Transcript Management Services (TMS) is a Government of Alberta service. You provide TMS with your transcripts, then TMS creates an appeal record.

Step 1. Order transcripts online

All transcripts must be ordered online.

Go to the order a courtroom transcript web page to order the original court hearing transcript.

Remember to note the transcript order number(s). You will need the order number(s) in the next step for the Request for Appeal Record form.

If you have Legal Aid coverage

Refer to the NOTICE on page 2 of the Request for Appeal Record form. You do not have to do step 1 to order transcripts online if:

  1. You have a Legal Aid certificate.
  2. You wish TMS to bill Legal Aid directly for the cost of transcripts and preparation of the appeal record.

Step 2. Fill out the Request for Appeal Record form

PDF form issues

Fillable PDF forms do not open properly on some mobile devices and web browsers. To fill in and save the form:

  1. Save the PDF form to your computer – click or right-click the link and download the form.
  2. Open the PDF form with Adobe Reader. Fill it in and save it.

If you are still having problems opening the form, contact PDF form technical support.

If you do not have Legal Aid coverage, you need the transcript order number(s) to complete the Request for Appeal Record form.

Download the Request for Appeal Record form.

Step 3. Provide your documents

Refer to the NOTICE on page 2 of the Request for Appeal Record form.

Send an email to TMS at [email protected] with:

  • subject line: "Appeal Record Request – Appeal [appeal #]"
  • attachments:

If you do not have an email account, call TMS at 403-297-7392 to make different arrangements.

Step 4. Get and pay for your appeal record

TMS will prepare the necessary number of copies of your appeal record that you, the other respondent(s) and the Court of Appeal need.

If an electronic copy of your transcript is available, TMS will send a copy of it to the Court of Appeal.

When the appeal record is ready, TMS will contact you and:

  • tell you how to pay for it
  • tell you where to pick it up
  • provide an invoice, if required

If you make payment at a court location, make sure you have your TMS invoice – provided to you by TMS – if required. All court locations accept these payments:

  • Visa, MasterCard, American Express
  • direct debit
  • cash
  • money order or bank draft

There is no GST.

TMS accepts cheques from law firms.

Table 1. TMS rates to prepare an appeal record

ServiceRate
Documents$2 per page
Copy rate$0.40 per page

Table 2. Preparation times for appeal records

Type of appealAppeal record preparation time
Fast track appealUp to 3 weeks
Sentence appeal – sentence of 6 months or lessUp to 4 weeks
Sentence appealUp to 6 weeks
Conviction appealUp to 6 weeks
Standard appealUp to 8 weeks

Step 5. File and serve your appeal record

The appellant is responsible for:

  • filing all copies of the appeal record with the Registrar of the Court of Appeal
  • serving a copy of the appeal record to all other parties

See the deadlines for filing an appeal record.

Commercial preparer creates the record

You may have a commercial preparer create your appeal record. A commercial preparer will charge a fee for their services.

Contact

Court of Appeal

Contact the Court of Appeal for questions about:

  • contents of the appeal record
  • Court of Appeal rules

Hours: 8:15 am to 4:00 pm (Monday to Friday, closed statutory holidays)
Phone: 855-738-4747
Email for Calgary appeals: [email protected]
Email for Edmonton appeals: [email protected]

TMS

Contact TMS for questions about:

  • getting an appeal record from TMS
  • paying for your appeal record

Hours: 8:15 am to 4:00 pm (Monday to Friday, closed statutory holidays)
Phone: 403-297-7392
Email: [email protected] (preferred method of contact)

Mailing address

TMS has no public-facing counters.

Transcript Management Services
Suite 1901-N, Calgary Courts Centre
601 5 Street SW
Calgary, Alberta  T2P 5P7