In legal contexts, “file” refers to the act of submitting or lodging a document or pleadings with a court or other relevant authority for official record-keeping and processing. When documents are filed, they become part of the official record of the case or matter to which they relate. Filing is typically done in accordance with specific procedural rules and deadlines established by law or court regulations. The filed documents can include complaints, motions, petitions, responses, briefs, affidavits, and other legal papers relevant to the case. Filing documents initiates legal proceedings, advances litigation, and provides a means for parties to assert their rights, present evidence, and seek remedies through the judicial system.
- v. to deposit with the clerk of the court a written complaint or petition which is the opening step in a lawsuit and subsequent documents, including an answer, demurrer, motions, petitions and orders. All of these are placed in a case file which has a specific number assigned to it which must be stated on every document. The term is used: "When are you going to file the complaint," or "The answer will be filed tomorrow."
- n. the master folder of a lawsuit kept by the clerk of the court, including all legal pleadings (documents) filed by both sides. Each document in the file must have a stamp showing the date it was received and the name of the clerk who received it. Any document which is filed must be served on the opposing attorney, usually by mail, except that the first paper filed (summons complaint, petition, motion) must be served on all defendants personally (hand delivered by a process server).
- n. the record an attorney keeps on a case, containing all papers deposited with the clerk, as well as all correspondence and notes on the case.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March 2024.
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