Document Types Explained

Understanding which document to file is crucial. Here's a guide to the legal documents CourtDocs can help you create.

Tip: If you're unsure which document you need, start with our guided interview. We'll ask questions about your situation and recommend the appropriate document type.

Motions

Formal requests asking the court to make a decision or take action

Motion to Dismiss

Asks the court to end a case before trial, usually arguing the complaint fails to state a valid legal claim

When to use:Early in the case, after receiving the complaint

Motion for Summary Judgment

Argues there are no factual disputes and you should win based on the law alone

When to use:After discovery, when you have strong evidence

Motion to Compel Discovery

Asks the court to force the other side to respond to your discovery requests

When to use:When opposing party ignores or inadequately responds to discovery

Motion for Protective Order

Requests protection from overly broad or harassing discovery requests

When to use:When discovery requests are burdensome, irrelevant, or seek privileged information

Motion to Continue

Requests postponement of a hearing or deadline

When to use:When you need more time and have good cause

Motion in Limine

Asks to exclude certain evidence before trial

When to use:Before trial, to prevent prejudicial evidence

Responses

Documents filed in reply to motions or other filings

Response to Motion to Dismiss

Argues why your case should not be dismissed

When to use:Within deadline after receiving motion to dismiss

Response to Motion for Summary Judgment

Shows there are genuine factual disputes requiring trial

When to use:Within deadline after receiving MSJ

Reply in Support

Responds to the opposition's arguments on your motion

When to use:After receiving opposition to your motion

Opposition

General opposition to any motion filed against you

When to use:Within deadline after receiving any motion

Bankruptcy

Documents for bankruptcy proceedings

Chapter 7 Petition

Liquidation bankruptcy - eliminates most debts

When to use:When you want a fresh start and qualify based on income

Chapter 13 Petition

Repayment plan bankruptcy - reorganize debts over 3-5 years

When to use:When you have regular income and want to keep assets

Schedules and Statements

Required financial disclosures for bankruptcy

When to use:Filed with or shortly after the petition

Declarations

Sworn statements of fact made under penalty of perjury

Declaration in Support

States facts supporting your motion or position

When to use:Filed with motions that require factual support

Declaration of Service

Proves you properly served documents on other parties

When to use:Required when you serve documents

Important Deadlines

Legal documents have strict deadlines. Missing a deadline can result in losing your case by default. Common deadlines include:

Response to Complaint: Usually 20-30 days after service
Response to Motion: Usually 14-21 days
Reply Brief: Usually 7-14 days after opposition
Discovery Responses: Usually 30 days

Always check your local court rules for exact deadlines.

Next: Learn how to file your documents →