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Good day, people, and welcome yet again to the Lafayette Process Servers LLC podcast
Court filing
What is court filing?
Court filing involves submitting your documents in person with a court clerk or electronically filing them online. The purpose of these documents is to commence or support any ongoing legal action. Courts are very strict about deadlines, so it is imperative to get all documents filed on time for the success of your case. Filing after the statute of limitations will dismiss your legal action and your time and money will be wasted. You can find your deadlines with the applicable code of civil procedure.
Who files papers in court?
Anyone needing to submit a lawsuit or file documents on a past or current case can file papers at the courthouse. Some of the most common filers are private parties, or prose, law firms filing for their clients, and process servers filing on behalf of a client. Process servers are often hired at an additional fee to file an affidavit of service with the court after the service process is complete.
What type of paperwork should you file to submit a case?
The documents needed vary from case to case. You can contact the court or your lawyer to ask for guidance. Each courthouse has its own specific criteria regarding the layout of your documents and in what format you should present them, or the court clerk won’t file your paperwork. In addition, each courthouse functions within its own jurisdiction, and you should deliver your documents to the appropriate one.
What does it mean when you file your case?
The court clerk reviews all documents submitted to them and decides if they meet the requirements to initiate a case. When your case is filed and accepted by the court clerk, that refers to the commencement of legal action.
How much does it cost to file documents with the court?
To you submit your documents to the court clerk, you will have to pay a filing. There is a wide range of possible papers to file and fees to pay. Below is the U.S. Court of Federal Claims Fee Schedule:
- $350 – Filing a civil action or proceeding.
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- $.50 per page – For reproducing any record and providing a copy in paper form. This fee shall apply to paper copies made from either: (1) original documents; or (2) microfiche or microfilm reproductions of the original records. In addition, this fee shall apply to services rendered on behalf of the United States if the record requested is available through electronic access.
- $31 per record provided – For reproducing and transmitting in any manner a copy of an electronic record stored outside of the court’s electronic case management system, including but not limited to document files, audio recordings, and video recordings. Audio recordings of court proceedings continue to be governed by a separate fee in item 9 of this schedule.
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- $11 – For certification of any document or paper, whether the certification is made directly on the document or by a separate instrument.
- $23 – For exemplification of any document or paper.
- $47 – For the issuance of an apostille.
- $20 – For admission of attorneys to practice, $188 each, including a certificate of admission.3 For a duplicate certificate of admission or certificate of good standing.
- $24 per year – For receipt of a monthly listing of court orders and opinions.
- The court may charge and collect fees commensurate with the cost of providing copies of the local rules of court. The court may also distribute copies of the local rules without charge.
- $53 – For any payment returned or denied for insufficient funds or reversed due to a chargeback.
- $32 per name or item searched – For every search of the records of the Court of Federal Claims conducted by the clerk of the court or a deputy clerk. This fee shall apply to services rendered on behalf of the United States if the information requested is available through electronic access.
- $32 – For reproduction of an audio recording of a court proceeding. This fee applies to services rendered on behalf of the United States if the recording is available electronically.
- $49 – For filing or indexing any document not in a case or proceeding for which a filing fee has been paid.
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- $64 – For retrieval of one box of records from a Federal Records Center, National Archives, or other storage location removed from the place of business of the court.
- $39 for each additional box – For retrievals involving multiple boxes.
- For electronic retrievals, $10 plus any charges assessed by the Federal Records Center, National Archives, or other storage location removed from the place of business of the courts.
- $52 – Administrative fee for filing a civil action, suit, or proceeding with the Court of Federal Claims. This fee does not apply to petitioners granted in forma pauperis status under 28 U.S.C. § 1915.”
What are the different types of court cases for which you can file documents?
There are two main types of cases you can file for, criminal or civil. The purpose of civil cases is to settle disputes between individuals or companies. On the other hand, law enforcement initiates criminal cases, and the court uses evidence the officers gather to determine an individual’s guilt.
Conclusion
Knowing the dos and don’ts of court filing is essential to the success of your case. One missed deadline or wrong format can hinder your case in unrepairable ways. Don’t waste time and money trying to handle it yourself. Instead, let a professional do it right the first time. Scott Frank of Lafayette Process Servers L.L.C. is the experienced professional you need.
And that wraps up our episode for today.
Thank you for listening and we’ll see you next time!
The foregoing podcast has simply been presented for informational purposes only. He or those at Lafayette Process Servers LLC, are not attorneys. If you seek further information about this topic, please make sure to contact an attorney in your local area.