Filing, Serving and Sending Documents: Three Things That Are Easy to Confuse

Filing and serving court documents with organised legal paperwork, submission checklist and civil procedure documents on a solicitor’s desk.

A common procedural mistake is assuming that sending a document somewhere automatically means every requirement has been satisfied. It may not.

Filing.

Filing generally means providing a document to the Court in the manner required by the applicable rules, order or filing system.

Serving.

Serving means formally providing a document to another party in accordance with the applicable procedural requirements.

Why the distinction matters?

A Court order may require you to file and serve a document. Completing only one step may leave you in breach even though the document exists.

Keep evidence.

Keep copies of transmission emails, postal receipts, acknowledgements and electronic submission confirmations. Procedural disputes often arise long after the original deadline.

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Elizabeth Thomas Consultancy provides independent legal consultancy and practical procedural support to litigants in person, together with outsourced litigation and case-management support to solicitors’ firms and claims businesses across England and Wales.

Important: This article provides general information concerning civil litigation and procedure in England and Wales. It is not intended to constitute legal advice in relation to individual circumstances. Court rules, procedures and deadlines may vary depending upon the nature and circumstances of a case. Where appropriate, obtain advice specific to your situation.