Article 11 Poor Persons Flashcards
CPLR 1101
A motion for permission to proceed as a poor person may be made:
(a) at the trial stage only
(b) at the appellate stage only
(c) at neither the trial nor appellate stage
(d) at either the trial or appellate stages.
Answer: (d)
CPLR 1101 provides that a motion to proceed as a poor person can be made in the court in which the action is triable or if there has been or will be an appeal it can be made in the appellate court. Thus, choice (d) is correct.
NOTE: Such a motion is not required where the party is represented by a legal aid society or a legal services or other nonprofit organization, provided a determination has been made by the society or organization, etc., that the party is unable to pay costs, fees and expenses.
CPLR 1101
A poor person is:
(a) a person who has less than three hundred dollars in real or personal property
(b) a person who is unable to pay the costs, fees and expenses necessary to prosecute or defend the action
(c) a person who has been adjudicated an incompetent
(d) an infant whose father has less than three hundred dollars in property.
Answer: (b)
CPLR 1101(a) states that a poor person is one unable to pay the costs, fees and expenses necessary to prosecute or defend the action or to maintain or respond to the appeal.
Note that subdivisions(d) - Waiver in Certain Cases - and (f) - Fees for Inmates - are effective until 9/1/23, per Ch. 55, L. 2021.
CPLR 1102
If a person is permitted to proceed as a poor person:
(a) he is not liable for costs or fees, but must pay for a stenographer’s transcript if it is needed
(b) a stenographer’s transcript may be furnished without cost to the poor person, but only on appeal
(c) a stenographer’s transcript may be furnished without cost to the poor person in proceedings other than appeal, as well as those on appeal
(d) the court must assign an attorney to the poor person
(e) both (a) and (d) are correct.
Answer: (c)
CPLR 1102(a) provides that a court may assign a poor person an attorney. CPLR 1102(b) provides for the furnishing of a stenographer’s transcript to a poor person. If the poor person is proceeding on an appeal the transcript must be given free of charge. If poor person is proceeding other than on appeal the transcript may be given free of charge. CPLR 1102(d) provides that a poor person is not liable for costs or fees unless a recovery by judgment or settlement is had in his favor. Thus, choice (c) is the only correct answer.
CPLR 1102
Within two days of filing a court order permitting appeal as a poor per son, the court clerk must:
(a) investigate the veracity of poor person status
(b) arrange for legal representation
(c) notify the poor person
(d) notify the court stenographer.
Answer: (d)
CPLR 1102(b) provides that where a party has been permitted by order to appeal as a poor person, the court clerk, within two days after the filing of the order, shall notify the court stenographer. The court stenographer must then, within twenty days of the notification, make and certify two transcripts of the trial or hearing and deliver one to the poor person and file the other with the court clerk.
CPLR 1103
A recovery had in favor of a poor person shall be:
(a) paid directly to the poor person but only if under five hundred dollars
(b) paid directly to the poor person but only if more than five hundred dollars
(c) paid directly to the clerk of the court in which the order permitting the person to proceed as a poor person was entered
(d) paid directly to the poor person irrespective of amount, subject to the equitable powers of the court to impress a constructive trust upon the recovery in order to ensure reimbursement for any fees paid by the State on behalf of the poor person.
Answer: (c)
CPLR 1103 provides that any recovery by judgment or settlement in favor of a poor person shall be paid to the clerk of the court in which the order permitting the person to proceed as a poor person was made. Such recovery will await distribution pursuant to court order. NOTE, that costs and fees may be deducted from the recovery. Thus, choice (c) is correct. The other choices have no support in the CPLR.
