208 abbreviated

Question 1

Maintains and calls calendar of cases, and also used for the hearing and disposition of all motions and applications, including orders to show cause and applications for adjournments, in civil actions that have been placed on a reserve or ready calendar but not yet assigned to a trial part.

Answer 1

1.

CALENDAR PART

Question 2

For the hearing and determination of motions and applications that are not otherwise required by this Part to be made in a calendar part, trial part or conference part.

Answer 2

2. MOTION
   PART

Question 3

Trial of civil actions and for the hearing and determination of all motions and applications, including orders to show cause, made after an action is assigned to a trial part.

Answer 3

3. TRIAL
   PART

Question 4

For the pre-calendar or pretrial conference of actions as may be provided by this Part or by order of the Chief Administrator.

Answer 4

4. CONFERENCE
   PART

Question 5

For the performance of the functions of a calendar part, a trial part, a motion part, a conference part, as well as other special parts of court, or any combination thereof.

Answer 5

5. MULTIPURPOSE
   PART

Question 6

Additional parts, including parts with special or limited functions, may be established from time to time by order of the Chief Administrator for such purposes as may be assigned by the Chief Administrator.

Answer 6

6.

ADDITIONAL PARTS

Question 7

12. • **§ 208.5 SUMMONS ***
      (a) if this summons is served by its delivery to you personally within the City of New York, you must appear and answer within _______ days after such service; or
      (b) if this summons is served by delivery to any person other than you personally, or is served outside the City of New York, or by publication, or by any means other than personal delivery to you within the City of New York, you are allowed ________ days after the proof of service thereof is filed with the Clerk of this Court within which to appear and answer.

Answer 7

TWENTY ……….. THIRTY

Question 8

14. **§ 208.5 SUMMONS **
    At the time of filing with the clerk the proof of service of the summons and complaint in an action arising from a consumer credit transaction, or at any time thereafter, the plaintiff shall submit to the clerk a stamped unsealed envelope addressed to the defendant together with a written notice, in both English and Spanish.

The clerk promptly shall mail to the defendant the envelope containing the additional notice. No default judgment based on defendant’s failure to answer shall be entered unless there has been compliance with this subdivision and at least ______ have elapsed from the date of mailing by the clerk.

Answer 8

20 days

Question 9

15. § 208.7 PLEADINGS
    All pleadings shall comply with CPLR 30. Upon consent of parties, defendants time to answer pleadings shall be extended ______

Answer 9

10 days.

Question 10

17.

§ 208.9 Plaintiff shall request a preliminary conference within ______ after joinder of issue. Clerk shall schedule it.

Answer 10

45 days

Question 11

20. 11 - **All contested motions and proceedings shall be returnable at _____ unless an earlier time is directed by the court. **

Answer 11

9:30 a.m.

Question 12

21. 11 - Motion papers received by the clerk of the court on or before the return date shall be deemed submitted as of the ________ . Where there is an issue of fact to be tried the court may, in its discretion, order an immediate trial of such issue.

Answer 12

return date

Question 13

24. 208.14 -
    Actions stricken from the calendar may be restored to the calendar only upon stipulation of all parties so ordered by the court or by motion on notice to all other parties, made within ________ after the action is stricken.`

Answer 13

1 year

Question 14

26. § 208.16 In any discontinued action, the attorney for the plaintiff shall file a stipulation or statement of discontinuance with the clerk of the court within _______ of such discontinuance. If the action has been noticed for judicial activity within ______ of such discontinuance, the stipulation or statement shall be filed before the date scheduled for such activity.

Answer 14

….. 20 days…. 20 days

Question 15

for actions in which issue has been joined.

Answer 15

28.

GENERAL CALENDAR

Question 16

or the calendaring conference of cases after issue has been joined for specific classes of cases

Answer 16

29.

PC CALENDAR

Question 17

for actions awaiting conference in a pretrial conference part

Answer 17

30. PRETRIAL
    CONFERENCE
    CALENDAR

Question 18

RESERVE CALENDAR

for actions in which a notice of trial and a certificate of readiness have been filed.

Answer 18

31.

RESERVE CALENDAR

Question 19

for actions in which a trial is imminent.

Answer 19

32.

READY CALENDAR

Question 20

for cases where a party to an action or a witness necessary upon the trial is in military service, and is not presently available for trial, and a deposition cannot be taken, or, if taken, would not provide adequate evidence.

Answer 20

33.

MILITARY CALENDAR

Question 21

in any court not continuously in session, the calendars at the close of one term shall be used to open the following term and actions on the calendars shall retain their positions.

Answer 21

34. CONTINUOUS
    CALENDARS

Question 22

37. § 208.21 Any other party may file opposing papers to special preference:
    ▪ Within _____ of notice of trial + motion for special preference
    ▪ OR _______ of service of motion for special
    preference Rebuttal must be filed with 5 days.

Answer 22

20 days ……. 10 days

Question 23

40.

§ 208.25 No adjournment shall be granted on the ground of engagement of counsel.

Answer 23

XX

Question 24

45. § 208.33 Proposed orders or judgments must be submitted for signature, unless otherwise directed by the court, within______ after the signing and filing of the decision directing that the order be settled or submitted.

Answer 24

60 days

Question 25

49.

§ 208.38 A notice of appeal shall not be accepted for filing without __________ upon all parties.

Answer 25

proof of service

Question 26

52. § 208.41 SMALL CLAIMS PROCEDURE
    A small claims action shall be instituted by a plaintiff or someone on his behalf paying the filing fee (___for claims of $1,000 or less; and ______ for claims above $1,000)

Answer 26

$15.00…….. $20

Question 27

53. § 208.41 SMALL CLAIMS PROCEDURE
    _________ days after the action is recorded, the clerk shall send to the defendant by ordinary first class mail and by certified mail, return receipt requested, a signed notice bearing the seal of the court. Clerk shall record the date on which the notice was mailed and the address, the date of delivery shown by the return receipt and the name of the addressee or agent signing the receipt. If service of notice cannot be effected upon the defendant within 4 months following the date on which the action was first started, the action shall be dismissed without prejudice.

Answer 27

5

Question 28

54. § 208.41 SMALL CLAIMS PROCEDURE

There May be Arbitration of Any Small Claims Controversy.
The arbitrator shall make an award in writing and file the same forthwith, together with his or her opinion, if any, with the clerk of the small claims part.
Unless both parties file a request in writing not to enter judgment, the clerk shall, within ______ days after the filing of the award, enter judgment in accordance therewith, provided the award has been filed within 30 days from the date of filing the consent.
The time within which the clerk shall enter judgment may be extended by a stipulation in writing for a further period not to exceed _______ days.

Answer 28

2….. 30

Question 29

56. § 208.41-a

***Commercial Claim - Action is commenced with the filing of Notice of Claim and its filing fee.

Answer 29

XX

Question 30

58.

* ** § 208.42 PROCEEDINGS UNDER RPAAPL 7 - These proceedings shall be commenced in the ______ Part.

Answer 30

Housing

Question 31

61. § 208.43 RULES OF THE HOUSING PART

Where a hazardous or nonhazardous violation are alleged and the summons is personally delivered to the landlord or its registered agent within the City of New York, the defendant shall appear and answer within ____ days after such service.

Answer 31

10

Question 32

62. § 208.43 RULES OF THE HOUSING PART
    Where a summons for a hazardous or nonhazardous violation is delivered by mail or by any other method, the defendant shall appear and answer within ____ days after the proof of service thereof is filed with the clerk of the housing part.

Answer 32

20

Question 33

63. § 208.43 RULES OF THE HOUSING PART

Where the summons for a hazardous or nonhazardous violation is personally delivered to the landlord or its registered agent, the affidavit of service thereof shall be filed with the clerk of the housing part within _____ days after personal delivery.

Answer 33

5

Question 34

64. § 208.43 RULES OF THE HOUSING PART

Where the summons for a hazardous or nonhazardous violation is served by any other method the affidavit of service thereof shall be filed with the clerk of the housing part no later than ____ days from the date the summons is posted and mailed (where such mailing is required).

Answer 34

10

Question 35

65. § 208.43 RULES OF THE HOUSING PART

Where the summons for a hazardous or nonhazardous violation is served outside of NYC, the affidavit of service thereof shall be filed with the clerk of the housing part within ____ days after service.

Answer 35

10

Question 36

66. § 208.43 RULES OF THE HOUSING PART
    A penalty action for an immediately hazardous violation shall be commenced by an order to show cause, returnable within _________ days.

Answer 36

5

Question 37

70. § 208.43 RULES OF THE HOUSING PART

The decision of a judge or housing judge shall set forth conclusions of fact. Said judge or housing judge shall render such decision within _______ days after trial of a nonhazardous or hazardous violation, and within _______ days after trial of an immediate hazardous violation or an injunction.

Answer 37

30………. 15

Question 38

71. § 208.43 RULES OF THE HOUSING PART

The Department of Housing Preservation and Development (HPD) shall not have costs taxed against it, and (SHALL/SHALL NOT) be exempt from paying any fees.

Answer 38

SHALL