Also known as:filings · file · filed · court filing · document submission
Written by attorneys · grounded in primary & secondary sources — see below
A formal submission of a document to a court or government agency to commence, continue, or record a legal matter or interest. The submission must satisfy applicable procedural requirements such as timeliness, proper venue, and content standards to achieve its intended legal effect.
Sources & Authorities
How it applies
Common Examples
6
Warrantless Arrest Complaint
After arresting Francois Fortier without a warrant for an alleged offense in the district, officers prepare and submit a complaint to the magistrate. The filing establishes probable cause under the governing rule and triggers the prompt initial appearance requirement.
Diversity Citizenship Timing
Felicia Fuentes, a citizen of State A, sues Frontier Capital, a citizen of State B, in federal court. The filing occurs while both parties maintain their respective citizenships. A later move by Fuentes to State B does not destroy the jurisdiction that attached at filing.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Frank Fisher, defendant in a state court action, prepares and submits a notice of removal to the federal district court for the district where the state action is pending. The filing includes the required statement of grounds and copies of all served process and pleadings.
Adoption Petition Residency
Francesca Fiore, seeking to adopt a child, submits her petition in the county where she resides. The filing satisfies the state requirement that the petitioner be a resident of the county in which the adoption petition is filed.
Divorce Petition Denial
Frederick Ferguson files a divorce petition alleging the marriage is irretrievably broken. His spouse denies the allegation under oath. The filing prompts the court to consider reconciliation prospects and relevant circumstances before making a finding or continuing the matter.
Statutory Information Misrepresentation
Fidelity Trust files a required disclosure statement containing a fraudulent misrepresentation about its financial condition. Investors rely on the filing and suffer pecuniary loss. The filing subjects the trust to liability to the protected class under the statute.
Common questions
Frequently Asked
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When must a complaint be filed after a warrantless arrest?+
A complaint establishing probable cause must be filed promptly in the district where the offense allegedly occurred. The filing triggers the initial appearance and protects the defendant's rights under the rules.
Supporting sources
Does a change in citizenship after filing affect diversity jurisdiction?+
No. Diversity is determined at the time the suit is instituted. Later changes in domicile do not divest the court of jurisdiction once it has properly attached.
Supporting sources
What must accompany a notice of removal?+
The notice must contain a short and plain statement of the grounds for removal, be signed under Rule 11, and include copies of all process, pleadings, and orders served on the defendant.
Supporting sources
Where must an adoption petition be filed?+
Most states require the petitioner to file in the county where the petitioner resides. This requirement fills the jurisdictional gap left by the UCCJEA's exclusion of adoption proceedings.
Supporting sources
What happens when one spouse denies that a marriage is irretrievably broken?+
The court must consider all relevant factors, including the circumstances giving rise to the petition and the prospect of reconciliation, before making a finding or continuing the matter for further hearing.
Supporting sources
When does filing required information create tort liability?+
A person who makes a fraudulent misrepresentation in information required by statute to be filed for the protection of a particular class is liable for pecuniary loss suffered by justifiable reliance.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…by the Chief Justice. Opinion of the Court CHIEF JUSTICE MARSHALL At the last term on the affidavits then read and filed with the clerk, a rule was granted requiring the Secretary of State to show cause why a mandamus should not issue directing him to deliver to William Marbury his commission as a justice of…