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copies returned to the filer as "file-conformed" or "conformed copy" rather than "filed". These stamps mean the duplicate copy appears to conform to the appearance of the original document, and in turn, a copy bearing such a stamp can be submitted with later filings as evidence of the earlier act of filing. But the "filed" stamp is reserved for the original document that goes into the court file, and will be seen outside that file only if one obtains a certified copy photocopied directly from the original document on file.
233:. This is convenient in that many courts can now accept filings at all hours, rather than only during regular business hours. Where e-filing is in effect, the filer is normally required to lodge a "courtesy copy" (that is, a conventional paper copy) at the chambers of the assigned judge by the next business day. The courtesy copy of the filing is merely used to decide the motion at issue and is discarded when no longer needed, since the electronic file is now the court's master copy of the case file.
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case for trial (that is, put the case on a list of cases awaiting the setting or "fixture" of trial dates) and lodge two copies of the pleadings with the court (along with other documents relevant to the planned trial). Even after they had been lodged (i.e., temporarily deposited) with the court, the pleadings were not filed immediately. Rather, one copy was for the personal use of the judge, while the other copy would be officially filed
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Next, the court clerk then stamps both copies with a large stamp that indicates the name of the court and the date the document was filed, then keeps one copy for the court's files and returns one copy to the filer for the filer's own records. In certain jurisdictions, the clerk will stamp duplicate
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and the acceptance of the document by the clerk for placement into the official record. If a document is delivered to the clerk and is temporarily placed or deposited with the court (but is not accepted for filing), it is said to have been lodged with or received by the court (but not filed). Courts
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Filing traditionally has been performed by visiting a clerk at a filing window, paying a filing fee by cash, cheque, or credit card, and submitting the document to be filed in duplicate or even triplicate. For each document filed, the court clerk inspects the document to ensure compliance with the
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normally did not maintain comprehensive pretrial case files (beyond recording the issuance of a writ to initiate a legal proceeding). Instead, after service of a writ, the parties merely served their pleadings on each other, then at some point in time, one party would ask the court to set down the
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In courts that require triplicate submissions, the third copy is then taken (either by the clerk or by the filer) to the chambers or courtroom of the judge assigned to the case. The clerk then adds the document to the
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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."
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In explaining the relative paucity of product liability litigation outside of the United States, Professor
Reimann notes: "In the United States, it is cheap to file a lawsuit."
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documents of legal importance exchanged between the parties must also be concurrently filed with the court, while in a permissive filing system,
488:
Reimann, Mathias (2003). "Liability for
Defective Products at the Beginning of the Twenty-First Century: Emergence of a Worldwide Standard".
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the trial together with the judgment to establish the court's permanent record of the issues that had been formally adjudicated at trial.
282:'s total assets, with the result that just to initiate a meritorious case, an already severely injured or damaged plaintiff may have to go
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needs to be filed until the case reaches a point where direct judicial management is absolutely necessary (such as the brink of trial).
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Even when one seeks a waiver for grossly unfair fees, courts tend to waive only the amount in excess of the
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court's rules on how legal documents should be formatted, verifies that the filer has not been declared a
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Generally, filing fees are controversial because some individuals believe that they impede access to
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during the late 1400s to the late 1990s (that is, before the 1998 promulgation of the
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complain about fees all the time (for example, it costs $ 435 to file a complaint in
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In the United States, a permissive filing system has persisted to the present in the
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systems, filing rules can be mandatory or permissive. In a mandatory filing system,
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A newer phenomenon is electronic filing, in which lawyers simply upload
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430:(8th ed.). London: Pearson Professional Limited. p. 114.
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If the document is the first pleading filed in a case (usually the
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380:(24th ed.). London: Sweet & Maxwell. pp. 146–150.
405:(6th ed.). London: Blackstone Press Limited. p. 233.
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Many legal systems have filing fees for complaints that are
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is filed before the appropriate deadline. Usually a filing
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maintained either by the court (for example, the U.S. has
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for the case as well as any related deadlines or events.
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256:), the American system is considered to be quite
341:Overstock.Com, Inc. v. Goldman Sachs Group, Inc.
462:(3rd ed.). St. Paul: West Group. pp.
29:The examples and perspective in this article
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271:to the amount sought. Thus, the greater the
143:exchanges). In contrast, from the reign of
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229:) or by a private commercial service like
174:Filing may also refer to submission of a
67:Learn how and when to remove this message
344:, 231 Cal. App. 4th 471, 487 n.8 (2014).
491:The American Journal of Comparative Law
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182:, with or without an accompanying fee.
426:O'Hare, John; Hill, Robert N. (1997).
87:is the delivery of a document to the
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275:sought, the higher the fee to file.
100:unless an appropriate memorandum or
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543:Civil procedure legal terminology
221:electronic documents to a secure
359:Federal Rules of Civil Procedure
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548:Criminal law legal terminology
297:Republic of Austria v. Altmann
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378:Odgers on Civil Court Actions
137:United States federal courts
153:courts of England and Wales
43:, discuss the issue on the
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553:American legal terminology
533:Judicial legal terminology
108:is paid which is part of
376:Goulding, Simon (1996).
260:-friendly by experts on
219:Portable Document Format
401:Osborne, Craig (1998).
248:. Although American
149:Civil Procedure Rules
49:create a new article
41:improve this article
31:may not represent a
292:U.S. Supreme Court
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135:For example, the
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527:Categories
304:References
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231:LexisNexis
280:plaintiff
258:plaintiff
250:litigants
212:complaint
145:Edward IV
141:discovery
45:talk page
454:(1999).
300:(2004).
284:bankrupt
169:New York
39:You may
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357:of the
288:Austria
273:damages
246:justice
223:website
130:nothing
98:motions
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227:CM/ECF
205:docket
85:filing
508:JSTOR
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178:to a
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102:brief
93:court
91:of a
89:clerk
47:, or
468:ISBN
432:ISBN
407:ISBN
382:ISBN
353:See
325:U.S.
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176:form
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321:531
167:of
126:all
120:In
106:fee
81:law
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