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Filing is the process of delivering documents to a court to initiate or further a case. Most courts in the United States accept documents electronically instead of requiring someone to physically bring paper to a courthouse. This is called electronic filing, or efiling. This guide explains how efiling works as a system: the participants involved, the vocabulary used, and the path a document takes from a filer’s computer to a judge’s docket. It is written to give you a mental model of the domain, independent of any particular vendor or product.

The benefits of efiling

Courts historically required filings to be delivered in person or by mail: paper documents, physically stamped by a court clerk, then routed into a paper case file. Efiling replaces that with a digital equivalent: a filer submits a document electronically, a clerk (or an automated process) reviews it, and if accepted, it is added to the official electronic case record. Most U.S. state and federal courts now mandate efiling for attorneys, and offer it as an option for self-represented litigants. The introduction of efiling means that filings can happen at any hour, and litigants can avoid the hassle and expense of going to a courthouse in person to deliver documents.

The shape of a filing

Instead of thinking of efiling as “uploading a PDF,” it helps to think of it as submitting an envelope. An envelope is a package that contains everything a court needs to process one filing event:
  • One or more documents (usually a lead document plus optional attachments)
  • The case the filing belongs to; either an existing case, or instructions to open a new one
  • The parties involved, and which one is doing the filing
  • Metadata describing what kind of filing this is (a motion, a complaint, an answer, and so on)
  • Optionally, payment information to cover any court fees
The court’s system evaluates the whole envelope together. It can be accepted, rejected, or sent back for correction as a unit, even though it may contain several documents.

The participants

The court

The judicial body, and its clerk’s office, that owns the official case record. The court defines what filings it will accept, what they cost, and reviews each submission before it becomes part of the case.

The electronic filing manager

The electronic filing manager (EFM): the court’s software that receives envelopes, applies business rules, and updates the official case management system. Most courts license this software from a vendor, though some build it themselves.

The electronic filing service provider

An electronic filing service provider (EFSP): a web application, often third-party, that filers use to prepare and submit envelopes to the EFM. An EFSP is effectively the on-ramp between a filer and the court.

The filer

The attorney, self-represented litigant, or filing agent submitting the document; the person actually trying to get something in front of a judge.
Filers rarely talk to a court’s EFM directly. Instead, they use an EFSP, which handles the technical details of assembling and transmitting a correctly formatted envelope. Courts typically certify one or more EFSPs before allowing them to submit filings, which is why not every filing tool works with every court.

A shared language

Different courts use different EFM vendors, but most U.S. efiling systems are built on a shared standard: ECF (Electronic Court Filing), defined by OASIS as part of the LegalXML family of specifications. ECF defines a common XML vocabulary for envelopes, cases, parties, and documents, so that EFSPs don’t need a completely bespoke integration for every court. In practice, vendors still add their own extensions and quirks on top of ECF, but the core concepts (envelope, case, party, document, filing code) are consistent across most court efiling systems you will encounter.

Explore further

Choose one of the topics below to learn more about it.

The filing lifecycle

What actually happens, step by step, between hitting submit and a document landing on the docket.

Service of process

How other parties in a case find out that something was filed.

Filing fees

How courts charge for filings, and how those fees get collected electronically.