filing | Definition

Doc's CJ Glossary by Adam J. McKee
Course: Introduction

In the context of courts, filing refers to the process of submitting legal documents to the court. These documents can include complaints, petitions, motions, and other forms of pleadings, as well as any supporting evidence or legal briefs that are part of a case. The act of submitting these documents to the court is referred to as “filing” the documents.

When a person or entity initiates a legal case, they typically file a document called a complaint or a petition, which sets forth the factual allegations and legal claims that form the basis of the case. The defendant in the case is then typically required to file a response to the complaint or petition, called an answer.

Filing can also refer to submitting documents, such as motions and briefs after the case has been initiated. Motions are formal requests to the court to take a specific action in the case, such as granting a temporary restraining order or dismissing the case. Briefs are legal documents that present an argument to the court and support the positions taken in the pleadings and motions.

The filing process can vary depending on the jurisdiction and type of court. Some courts require that documents be filed in person, while others accept filings by mail or electronically. There will also be specific formatting, language, and formatting requirements that must be met.


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Last Modified: 01/11/2023

 

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