- Filing (legal)
In
law , filing is the act of submitting adocument to theclerk of acourt for the court's immediate consideration, for storage in the court's files, or both. Courts will not consider motions unless an appropriatememorandum orbrief is filed before the appropriatedeadline . Usually a filingfee is paid at the same time; such filing fees are one part of the variety of charges that are known as "court costs."Filing may also refer to submission of a form to a
government agency , with or without an accompanying fee.Filing fees are controversial because they impede access to
justice . Although Americanlitigant s complain about fees all the time (for example, it costs $300 to file a document in court inLos Angeles ), the American system is considered to be quiteplaintiff -friendly bylawyer s.Many legal systems have filing fees for complaints that are "proportional" to the amount sought. Thus, the greater the damaged sought the higher the fee to file.
Even when one seeks a waiver for grossly unfair fees, courts tend to waive only the amount in excess of the plaintiff's total assets, with the perverse result that just to initiate a meritorious case, an already severely injured or damaged plaintiff may have to go
bankrupt .
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