Motion To FileMotion To File™
Questions

Legal questions, answered in plain English.

General procedural and drafting questions people actually ask. Educational information only — not legal advice, and no attorney-client relationship is formed.

37 questions
Family LawCA

QA E2E: how do I modify a custody order in California?

Internal QA test question for consultation flow verification.

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Family LawCalifornia

Trace question?

G.

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Family LawCalifornia

How do I request a continuance?

General question.

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Family LawCalifornia

What is a meet and confer requirement?

General question.

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Family LawCalifornia

How is child custody decided when parents live in different counties?

General question about custody factors in California.

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Family LawNational

Can my ex refuse visitation if I am behind on child support?

My co-parent is withholding visitation while I am behind on child support payments. No identifying details.

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Landlord-TenantCalifornia

Can my landlord keep my deposit for normal wear and tear?

My landlord is keeping my security deposit and says it covers normal wear and tear. Is that allowed?

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Civil LitigationCalifornia

How long is a court judgment enforceable?

Does a judgment expire and can it be extended?

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Civil LitigationCalifornia

I won my case but the other side has not paid. What are my options?

A judgment was entered in my favor and nothing has happened since. What tools generally exist to collect?

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Civil LitigationCalifornia

What is a fee waiver and who generally qualifies?

Court filing fees can be expensive. What is a fee waiver and what is the general basis for qualifying?

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Real EstateNational

What does it mean to record a document with the county?

Some real estate documents need to be recorded. What does recording accomplish?

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Real EstateCalifornia

What is the difference between a quitclaim deed and a grant deed?

Both transfer property. What generally distinguishes them and what does each guarantee?

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Landlord-TenantCalifornia

What is a security deposit and what are the general rules for returning it?

How are security deposits typically handled at the end of a tenancy?

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Real EstateNational

What should be included in a residential lease agreement?

What terms generally appear in a standard residential lease and which ones matter most?

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Estate PlanningNational

What happens if someone dies without a will?

If there is no will who generally decides what happens to the person's property?

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Estate PlanningNational

What is a power of attorney and when does it take effect?

What does a power of attorney allow someone to do and are there different types?

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Estate PlanningCalifornia

Does a will have to be notarized to be valid?

What are the general requirements for a valid will and is notarization one of them?

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Estate PlanningNational

What is the difference between a will and a living trust?

Both seem to deal with what happens to property after death. What generally distinguishes them?

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EmploymentNational

What is an independent contractor agreement and why does classification matter?

What is the general difference between an employee and an independent contractor and why does it matter legally?

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EmploymentNational

What is a non-compete agreement and are they enforceable?

How do courts generally treat non-compete clauses and does it vary by state?

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BusinessNational

Does a contract have to be in writing to be enforceable?

I made an agreement verbally. Are oral agreements ever enforceable and when is writing required?

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BusinessNational

What makes a contract legally enforceable?

What elements generally have to be present for an agreement to be treated as a binding contract?

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BusinessNational

What is the difference between an LLC and a sole proprietorship?

I am starting a small business. What generally distinguishes these two structures in terms of liability and taxes?

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BusinessNational

Do I need an operating agreement for a single-member LLC?

If I am the only member of my LLC is an operating agreement still worth having?

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Civil LitigationNational

What is a cease and desist letter and when is it used?

What situations typically call for a cease and desist letter and what does sending one actually do?

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Civil LitigationNational

Should I send a demand letter by certified mail?

Does the method of delivery matter for a demand letter and why might it?

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Civil LitigationNational

What is a demand letter and does it have any legal effect?

Before filing a lawsuit people often send a demand letter. Is it required and what does it accomplish?

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Civil LitigationNational

Do I have to answer every discovery question I receive?

Some of the questions I received seem overly broad or private. Are there general grounds for objecting?

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Civil LitigationNational

What can I do if the other side ignores my discovery requests?

I sent discovery and received nothing back. What are the general options available?

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Civil LitigationNational

What is the difference between interrogatories requests for production and depositions?

These all appear to be discovery tools. What does each one actually do?

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Civil LitigationNational

What is a request for admission and why is it considered dangerous to ignore?

I have heard that requests for admission carry a harsher penalty than other discovery. Why is that?

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Small ClaimsCalifornia

What is the difference between small claims court and regular civil court?

Both seem to handle money disputes. What generally distinguishes them in terms of amount limits procedure and whether lawyers are involved?

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Civil LitigationNational

Can I represent myself in court without a lawyer?

What are the general rules about representing yourself and are there situations where self-representation is not allowed?

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Civil LitigationCalifornia

What is a proof of service and why does the court require one?

Every filing seems to need a proof of service attached. What is it and what does it accomplish?

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Civil LitigationCalifornia

Do I have to use pleading paper with numbered lines in California courts?

I have seen court documents with numbers running down the left margin. Is that formatting required and does it apply to every document filed?

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Civil LitigationCalifornia

What is the difference between a motion to dismiss and an answer?

When someone is sued they seem to have a choice between filing an answer or a motion. What is the general difference between the two and when is each typically used?

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Civil LitigationCalifornia

What happens if I miss the deadline to respond to a lawsuit?

I understand there is a deadline to file a response after being served. What generally happens if that deadline passes without a response being filed?

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