Also known as: on-file · filed · of record
Written by attorneys — see sources below.
A document or statement that has been submitted to and is maintained in an official repository or record system. Submission places the item in the public or court record so that it is available for inspection and carries legal effect under applicable rules.
Orion Orlov files a complaint in federal court without an attorney's signature. The clerk accepts the document and places it on file. When the omission is noted, the court strikes the complaint because the signature requirement was not promptly corrected.
Police arrest Orson Ochoa without a warrant. The government promptly files a complaint establishing probable cause in the district where the offense occurred. The complaint is on file and triggers the initial appearance under the rules.
Olympia Steel releases its senior mortgage of record and records a replacement mortgage in the same transaction. The replacement mortgage is on file and retains the original priority against junior interests because no material prejudice occurred.
Omega Energy obtains a security interest in equipment. It files a financing statement in the proper office. The financing statement is on file and perfects the security interest against later creditors and buyers.
Ophelia O'Brien files a support petition in the initiating state. The responding tribunal receives the petition and causes it to be filed. The petition is on file and the tribunal notifies the petitioner of the filing date and location.
Oscar Ortiz files a required disclosure statement containing a fraudulent misrepresentation. The statement is on file with the agency. Investors who justifiably rely on it suffer pecuniary loss and may recover from Oscar under the statute's protective purpose.
A document is on file once it has been submitted to the clerk and entered into the official record. Under Fed. R. Civ. P. 11(a), the court must strike an unsigned paper unless the omission is promptly corrected after notice.
Supporting sources
Yes. When a senior mortgage is released and replaced in the same transaction, the new mortgage retains the predecessor's priority if recorded and no material prejudice to junior interests occurs.
Supporting sources
A financing statement must be filed to perfect most security interests. Once on file in the proper office, it provides notice to third parties and establishes priority under the UCC.
Supporting sources
The tribunal causes the petition to be filed and notifies the petitioner of the filing details. The petition being on file starts the enforcement or modification process in the responding state.
Supporting sources
Yes. When a statute requires information to be filed for the protection of a class, a person who makes a fraudulent misrepresentation in the filing is liable to those who justifiably rely on it and suffer loss.
Supporting sources
…by the Chief Justice. Opinion of the Court CHIEF JUSTICE MARSHALL At the last term on the affidavits then read and filed with the clerk, a rule was granted requiring the Secretary of State to show cause why a mandamus should not issue directing him to deliver to William Marbury his commission as a justice of…