8
Opinion of the Court
II
Petitioner contends here, as he did below, that an application for state postconviction or other collateral review is not "properly filed" for purposes of § 2244(d)(2) unless it complies with all mandatory state-law procedural requirements that would bar review of the merits of the application. We disagree.
An application is "filed," as that term is commonly understood, when it is delivered to, and accepted by, the appropriate court officer for placement into the official record. See, e. g., United States v. Lombardo, 241 U. S. 73, 76 (1916) ("A paper is filed when it is delivered to the proper official and by him received and filed"); Black's Law Dictionary 642 (7th ed. 1999) (defining "file" as "[t]o deliver a legal document to the court clerk or record custodian for placement into the official record"). And an application is "properly filed" when its delivery and acceptance are in compliance with the applicable laws and rules governing filings. These usually prescribe, for example, the form of the document, the time limits upon its delivery,2 the court and office in which it must be lodged, and the requisite filing fee. See, e. g., Habteselassie v. Novak, 209 F. 3d 1208, 1210-1211 (CA10 2000); 199 F. 3d, at 121 (case below); Villegas v. Johnson, 184 F. 3d 467, 469- 470 (CA5 1999); Lovasz v. Vaughn, 134 F. 3d 146, 148 (CA3 1998). In some jurisdictions the filing requirements also include, for example, preconditions imposed on particular abusive filers, cf. Martin v. District of Columbia Court of
such appellate review or determination occurred owing to the defendant's unjustifiable failure to take or perfect an appeal during the prescribed period or to his unjustifiable failure to raise such ground or issue upon an appeal actually perfected by him; . . . ." N. Y. Crim. Proc. Law §§ 440.10(2)(a) and (c) (McKinney 1994).
2 We express no view on the question whether the existence of certain exceptions to a timely filing requirement can prevent a late application from being considered improperly filed. See, e. g., Smith v. Ward, 209 F. 3d 383, 385 (CA5 2000).
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