Legal Definitions - in paper

In Paper

The term "in paper" is a historical legal phrase used to describe a legal proceeding or case that remains actively under the control and jurisdiction of the original trial court. This means the case has not yet been finalized and formally prepared for review by a higher appellate court. While a case is "in paper," the trial court retains the authority to make amendments, correct errors, or modify its own orders and judgments, as the proceedings are considered still "in the making" or "in progress" and subject to the trial court's direct oversight.

• Example 1: Correcting a Factual Error in a Judgment

  Imagine a judge in a civil lawsuit issues a written judgment, but before either party files a notice of appeal, one of the attorneys discovers a minor factual inaccuracy in the judge's written findings. For instance, the judgment might incorrectly state a date or a specific amount awarded that doesn't match the evidence presented.

  Because the case is still "in paper," meaning it has not yet moved to the appellate stage, the trial judge has the authority to issue an amended judgment correcting the factual error. The court still has active control over its own records and decisions at this point.

• Example 2: Modifying a Sentence Before Appeal

  Consider a criminal case where a defendant has been sentenced. Shortly after the sentencing, but before the defense attorney files a formal notice of appeal and the court begins compiling the official record for the appellate court, new mitigating evidence comes to light. The defense attorney files a motion asking the trial judge to reconsider the sentence based on this new information.

  Since the proceedings are still "in paper," the trial court retains jurisdiction to hear the motion and potentially modify the sentence. The case is still within the trial court's active purview, allowing it to make changes before it is formally transferred to a higher court for review.

• Example 3: Amending a Procedural Order

  In a complex commercial dispute, the trial judge issues a procedural order regarding the discovery process, setting various deadlines for exchanging information. A week later, before any party has initiated an appeal, the judge realizes that a specific deadline in the order is impractical or conflicts with another court rule. The judge decides to revise the deadline.

  The judge can easily amend this procedural order because the case is still "in paper." The entire proceeding, including all its orders and rulings, remains under the direct control and management of the trial court, allowing for adjustments and corrections before the case record is finalized for any potential appellate review.