208 abbreviated Flashcards
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.
1.
CALENDAR PART
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.
- MOTION
PART
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.
- TRIAL
PART
For the pre-calendar or pretrial conference of actions as may be provided by this Part or by order of the Chief Administrator.
- CONFERENCE
PART
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.
- MULTIPURPOSE
PART
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.
6.
ADDITIONAL PARTS
- **§ 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.
- **§ 208.5 SUMMONS ***
TWENTY ……….. THIRTY
-
**§ 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.
20 days
- § 208.7 PLEADINGS
All pleadings shall comply with CPLR 30. Upon consent of parties, defendants time to answer pleadings shall be extended ______
10 days.
17.
§ 208.9 Plaintiff shall request a preliminary conference within ______ after joinder of issue. Clerk shall schedule it.
45 days
- 11 - **All contested motions and proceedings shall be returnable at _____ unless an earlier time is directed by the court. **
9:30 a.m.
- 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.
return date
- 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.`
1 year
- § 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.
….. 20 days…. 20 days
for actions in which issue has been joined.
28.
GENERAL CALENDAR
or the calendaring conference of cases after issue has been joined for specific classes of cases
29.
PC CALENDAR
for actions awaiting conference in a pretrial conference part
- PRETRIAL
CONFERENCE
CALENDAR
RESERVE CALENDAR
for actions in which a notice of trial and a certificate of readiness have been filed.
31.
RESERVE CALENDAR
for actions in which a trial is imminent.
32.
READY CALENDAR
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.
33.
MILITARY CALENDAR
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.
- CONTINUOUS
CALENDARS
- § 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.
20 days ……. 10 days
40.
§ 208.25 No adjournment shall be granted on the ground of engagement of counsel.
XX
- § 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.
60 days
49.
§ 208.38 A notice of appeal shall not be accepted for filing without __________ upon all parties.
proof of service
- § 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)
$15.00…….. $20
- § 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.
5
- § 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.
2….. 30
- § 208.41-a
***Commercial Claim - Action is commenced with the filing of Notice of Claim and its filing fee.
XX
58.
* ** § 208.42 PROCEEDINGS UNDER RPAAPL 7 - These proceedings shall be commenced in the ______ Part.
Housing
- § 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.
10
- § 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.
20
- § 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.
5
- § 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).
10
- § 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.
10
- § 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.
5
- § 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.
30………. 15
- § 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.
SHALL
