ETMD EP Paralegals study materials
ETMD EP Paralegals study resources

ETMD EP Paralegals: Legal Document Preparation, Drafting, and Filing

ETMD EP Paralegals · Work through your exam, one topic at a time.

All guide sections

Legal Document Preparation, Drafting, and Filing

Legal Document Preparation, Drafting, and Filing

This domain tests whether you can produce a filing-ready document: correct caption, correct court, proper signature, and proof that the other side was served.

Anatomy of a pleading

Caption (court, parties, case number, document title), body, signature block, certificate of service, and any required verification. Rule 10 governs form: a short title, numbered paragraphs where helpful, and a signature under Rule 11. Local rules add page limits, font and margin requirements, proposed orders, and cover sheets.

Filing mechanics

Federal e-filing runs through CM/ECF and PACER; many state courts use their own portals. Rule 5(d) governs filing and service, and Rule 5.2 requires redaction of Social Security numbers, taxpayer identifiers, birth dates, minors' names, and financial account numbers. Filing fees may be waived by an application to proceed in forma pauperis under 28 U.S.C. § 1915. A declaration under penalty of perjury under 28 U.S.C. § 1746 substitutes for a notarized affidavit in many contexts.

Drafting quality

Define terms once and use them consistently; write in the active voice; number paragraphs so others can cite them precisely. In contracts, keep representations, warranties, covenants, and conditions distinct, and include the provisions that control disputes - entire agreement, severability, choice of law, notices, and force majeure.

Worked example

A complaint needs a certificate of service. If opposing counsel consented to electronic service, the certificate should state the date, the method (email or CM/ECF), and the address or system used. A certificate stating only that the document was "served," with no date or method, is deficient and invites a motion.

Traps

  • Filing in the wrong court or under the wrong case number.
  • Omitting redaction and exposing a Social Security number.
  • Signing a pleading as though you were the attorney.
  • Forgetting the certificate of service on discovery responses.
  • Using an affidavit where the jurisdiction requires a declaration, or the reverse.