Rule 79-I.Copies and Custody of Filed Papers
Group X: Superior Court and Clerk · Last amended 2017 · Last verified July 14, 2026
Full Text of Rule 79-I
Comment
Stylistic changes were made to this rule to conform with the 2007 amendments to the Federal Rules of Civil Procedure.
Plain-English Summary
When a paper is filed in person, the clerk stamps the filing date on the face of the document next to the case caption and separately stamps any exhibits. If the person who filed it wants proof, the clerk can mark a copy with the time and date of filing and initial it, and that certified copy then stands as prima facie evidence in any proceeding that the original was filed as the certification shows. Papers filed electronically are treated as date-stamped automatically, according to whatever rule or administrative order governs that filing.
The clerk, or a designee, is the custodian of every paper filed in a civil case, and Rule 79-I keeps a tight grip on how those originals move. Absent the court's approval, only the custodian of a given paper can take it out of the courthouse, and even then only for as long as it takes to complete the purpose for the removal, with a prompt return to its place of filing afterward. When a paper is needed for use before a division of the court, by someone the case has been referred to, or under a judge's order, the custodian, the custodian's designee, an attorney or party in the case, or someone the judge designates can remove it for that specific use. Whenever anyone other than the custodian or the custodian's designee takes a paper out, that person must give the custodian a receipt and return the paper the moment its purpose is served.
Frequently Asked Questions
How do I get a certified copy proving my document was filed with the court?
When you file a paper in person and ask for certification, the clerk marks your copy with the time and date of filing and initials it. Rule 79-I(a)(1) makes that certified copy prima facie evidence in any proceeding that the original was filed as shown.
Does an electronically filed document get date-stamped the same way as a paper filing?
Not through a clerk's manual stamp, but Rule 79-I(a)(2) treats it as date-stamped automatically, according to whatever rule or administrative order governs the electronic filing system used.
Who has custody of the papers filed in my civil case?
The clerk, or the clerk's designee, is the custodian of all papers filed in civil cases under Rule 79-I(b), and no original paper, document, or record can be removed from its place of filing except under the specific conditions the rule sets out.
Can I take an original document out of the courthouse for a hearing?
Only under specific conditions. If you are not the custodian, you generally need the court's approval, or the document has to be needed for use before a court division or under a judge's order, and you must give the custodian a receipt and return the document as soon as its purpose is served.
What happens if the paper I removed from the court file isn't returned right away?
Rule 79-I(b) requires prompt return to its place of filing immediately upon completion of the purpose for which it was removed, whether the person removing it was the custodian or someone else who gave a receipt for it.