Filing (legal) - Filing Systems

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). 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.

Filing may also refer to submission of a form to a government agency, with or without an accompanying fee.

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