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Filing (law)

society Maturity 11-13 Next article →

In the world of law, filing is a very important task. It is the act of giving a document to a court clerk. The clerk must accept the paper for it to join the official record. If a clerk only holds a paper temporarily, it is called lodging. This is different from filing because it is not part of the official record yet. Courts usually require a filing fee to cover court costs. Without filing the right papers by a deadline, a court might not look at a motion.

Different places use different rules for how to file. In a mandatory system, people must file all important papers right away. The United States federal courts use this mandatory system. In a permissive system, people do not have to file papers until a trial is near. Some lower courts in New York still use this permissive way. In these cases, a legal matter might end without the court ever having a record.

History shows us that filing has changed over many years. In England and Wales, rules were different for a long time. From the reign of Edward IV in the late 1400s until the late 1990s, courts did not keep big files. Instead, people would lodge copies of their papers with the court. One copy went to the judge to read. The other copy was only filed after the trial was finished.

In the past, people filed papers in person at a window. They would pay fees with cash, checks, or credit cards. The clerk would check the paper to make sure it followed all the rules. Then, the clerk used a large stamp to show the date. The clerk kept one copy and gave a "conformed copy" back to the person. Today, many lawyers use electronic filing, or e-filing. They upload digital files to secure websites like CM/ECF.

Filing fees can sometimes be a hard job for people to pay. Some believe these fees make it difficult to get justice. In Los Angeles, it costs $435 to file a complaint. In some systems, the fee changes based on how much money is being asked for. This can be very hard for people who have lost a lot. A famous case called Republic of Austria v. Altmann in 2004 involved these kinds of issues.

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