Legal Definitions - on file

In legal contexts, the term on file refers to a document, record, or piece of information that has been formally and officially submitted to a court, a judge, or a designated court clerk. When something is "on file," it means it has been properly recorded as part of the official proceedings or records of a legal case or matter, making it accessible to the parties involved and the court, according to established rules and procedures.

Here are some examples to illustrate this concept:

• Example 1: Civil Lawsuit Discovery

  In a contract dispute, one party's attorney submits a detailed list of all documents relevant to the case to the court clerk. This list, along with copies of the documents themselves, is now on file with the court. This means the court and the opposing legal team can officially access and review these materials as part of the discovery process, ensuring transparency and adherence to legal requirements.

• Example 2: Criminal Pre-Trial Motions

  Before a criminal trial begins, the defense attorney submits a motion to the judge requesting that certain evidence obtained by the police be excluded because it was gathered improperly. This formal request, known as a motion to suppress, is then on file. The judge will review this official document, and the prosecution will have an opportunity to respond to the arguments presented in the motion before a decision is made.

• Example 3: Probate of an Estate

  When an individual passes away, their last will and testament is often submitted to the probate court to begin the process of distributing their assets. Once the original will is delivered to the court clerk and formally accepted, it is considered on file. This establishes the will as the official document that the court will use to guide the administration of the deceased person's estate, ensuring its authenticity and proper legal handling.