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Filing (legal)
In law, filing is the act of submitting a document to the clerk of a court for the court's immediate consideration and for storage in the court's files. Courts will not consider motions unless an appropriate memorandum or brief is filed before the appropriate deadline. Usually a filing fee is paid which is part of court costs.
==Filing systems==
In civil procedure systems, filing rules can be mandatory or permissive. In a mandatory filing system, ''all'' documents of legal importance exchanged between the parties are also filed with the court, while in a permissive filing system, ''nothing'' needs to be filed until the case reaches a point where direct judicial management is absolutely necessary (such as the brink of trial).
For example, the United States federal courts operate on a mandatory filing system (with minor exceptions for the most routine discovery exchanges).〔See Rule 5(d)(1) of the Federal Rules of Civil Procedure.〕 In contrast, the U.S. state of New York is known for its permissive filing system, which was modified in 1992 but still largely operates in its traditional form in certain lower courts.〔David D. Siegel, ''New York Practice'', 3rd ed. (St. Paul: West Group, 1999), 118-120. Professor Siegel points out that under this system, "it is possible ... for a case to come and go — such as by settlement — without the court having any record of the case at all."〕
Filing may also refer to submission of a form to a government agency, with or without an accompanying fee.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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