Legal Definitions - file

In a legal context, the term file can refer to both a noun and a verb, each with distinct but related meanings.

As a noun, a file is the complete collection of official documents, records, and correspondence pertaining to a specific legal case or matter. This collection is maintained either by a court or by a legal professional, such as a lawyer, to keep an organized record of all proceedings and relevant information.

As a verb, to file means to formally submit a legal document to a court clerk or other authorized official. The purpose of filing is to ensure the document is officially recorded, preserved, and becomes part of the public or official record of a case. It can also mean to initiate a legal action or lawsuit by submitting the initial required documents to the court.

• Example 1 (Noun - Court File): After a jury delivers a verdict in a high-profile fraud trial, the court clerk ensures all trial transcripts, evidence logs, motions, and judgments are meticulously organized and added to the official file for that case.

  Explanation: Here, "file" refers to the comprehensive physical or digital repository maintained by the court, containing every official document related to the fraud trial from its beginning to its conclusion. It serves as the authoritative record of the legal proceedings.

• Example 2 (Noun - Lawyer's File): A corporate lawyer preparing for a merger negotiation keeps a detailed client file containing all draft contracts, due diligence reports, communication logs with the opposing party, and internal memos.

  Explanation: In this instance, "file" denotes the lawyer's internal, organized collection of all pertinent documents and information gathered and created while representing their client in the merger, distinct from the court's official record.

• Example 3 (Verb - Submitting a Document): A homeowner who believes their property taxes were assessed incorrectly decides to file an appeal with the local tax assessment board. They complete the necessary forms and submit them to the board's office.

  Explanation: Here, "to file" describes the action of formally submitting the appeal documents to the appropriate government body, thereby initiating the official process for challenging the tax assessment.

• Example 4 (Verb - Commencing a Lawsuit): Following a breach of contract, a small business owner instructs their attorney to file a lawsuit against the defaulting supplier to recover damages. The attorney then drafts and submits the complaint to the appropriate civil court.

  Explanation: In this context, "to file" signifies the act of initiating the entire legal proceeding (the lawsuit) by formally submitting the initial legal documents (the complaint) to the court, thereby starting the litigation process.