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Bruce Clement's Answers
Contributor Level 17
- 1,874 Legal Answers
- 30 Legal Guides
6
Attorney answers:
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Are there any loop holes where an umbrella insurance policy does not apply in a fatal car accident (wrongful death in WA state)?
It depends on the details of the accident, and the fine print in the insurance policy. It may be worthwhile to have the policy reviewed by an attorney experienced in insurance law or personal injury cases.
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I signed a "Fee & Representation Agreement" with a family members attorney Re: his immigration hearing. 6-weeks after signing I
Contact the Washington State Bar Association to help you resolve this dispute.
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File a motion for contempt of court order
Each new motion (including your motion for contempt) has to be supported by a sworn declaration. Exhibits can be attached to the declaration or filed separately (with a conver sheet). Page limits apply to new filings. You can refer to, or incorporate by reference, declarations and exhibits that were previously filed; they would not be included in the page limits for the new motion.
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How long does it take for a person with a custodial interference to be arrested?
In theory, an arrest can be made either before or after charges are filed in a criminal matter. If charges have been filed in court by the prosecutor, the prosecutor has to decide whether or not to seek an arrest warrant. That determination is made on the basis of the prosecutor's judgment as to the seriousness of the charge, and the danger to the public. If the child was taken out of state, the charge would still probably be filed in the state of the child's original residence. You can...
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How will a no longer owned mountain cabin property be valued in a divorce? I may live there all or part of the year.
You can get a formal appraisal of the value of the life tenancy based on monthly market value for rent, times your life expectancy in months. You should consult an attorney on the details.
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What will be on her background check/fingerprint record thru FBI
Since the charge was dismissed, it should not be a problem.
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What does Non-traffic mean. And how does a restraining order work. And How long are they good for?
If the accused in a DV case is "still seeing" the victim, he runs a grave risk of additional criminal charges for violating current court orders. Your friend should consult with his criminal defense attorney at once.
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Defaulted in husband's favor due to atty not filing anything on my behalf for temp. maintenance. Need advice please
Sometimes the court docket only lists the motion that was filed; I would assume that the supporting declaration and exhibits are attached to the motion. You can verify that by personally going to the Clerk's office and viewing the file, or accessing the file on line to see what was attached to the motion. If your attorney failed to file all the necessary documents, alert her and as that she strike the current motion date, serve and file the correct documents, and re-note the motion for another date.
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Does Threshold need to be met in Non Parental Parenting Plan with no Custody Decree?
(1) The second parenting plan normally trumps the first one; the only language now applicable is the one in the current plan. (2) A court order trumps a FCS recommendation; if the FCS rec. says no threshold, but the order says (or implies) there is a threshold, you would have to meet the threshold. Since your attorney got you a parenting plan that gave you more time and apparently has no threshold requirement, you probably would be filing a motion to enforce the current plan, not to get more...
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At child custody trial-if no witnesses show up on my side (respondent)
The court will swear in all witnesses who appear at trial. This includes you and the other parent; in fact, the two of you are by far the most important witnesses. Since you are both pro se, the judge will give you both the opportunity to first make an opening statement as to what you plan to prove (i.e., what the witnesses -- including you -- will say under oath). Then the petitioner will be asked to call their first witness. After each witness testifies, the other party will be allowed to ask...
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