Article 21 Papers Flashcards
CPLR 2101
What is the point size requirement for all papers served or filed except for the summons or exhibits?
(a) at least 12 point
(b) at least 10 point
(c) at least 8 point
(d) 12 point only.
Answer: (b)
CPLR 2101(a) states that, except for the summons or exhibits, the letters must be in clear type of no less than 10 point in size.
*The summons must be in clear type of no less than 12 point in size.
CPLR 2101
Which papers need not comply with the eight and one-half by eleven inch paper size requirement?
1. notice of appearance
2. summons
3. notes of issue
4. subpoenas.
(a) 1, 2, 3 and 4
(b) 1 and 4 only
(c) 2 and 3 only
(d) 2 and 4 only.
Answer: (a)
CPLR 2101(a) expressly excludes all four types of papers listed in the question, as well as orders of protection and temporary orders of protection and exhibits, from the eight and one-half by eleven inch size requirement.
CPLR 2101
Which of the following must be stated on each paper served or filed?
1. name of court
2. venue
3. title of action
4. nature of paper
5. index number, if any.
(a) 1, 3 and 5
(b) 1, 2, 4 and 5
(c) 2, 4 and 5
(d) 3, 4 and 5
(e) 1, 2, 3, 4 and 5.
Answer: (e)
CPLR 2101(c) states that each paper served or filed shall begin with a caption setting forth all the items contained in this question. Thus, choice (e) is correct.
CPLR 2101
The party on whom a paper is served shall be deemed to have waived objection to any defect in form unless, within _____ days after receipt of the paper, he returns the paper to the party serving it with a statement of particular objections.
(a) seven
(b) five
(c) fifteen
(d) ten
(e) twenty.
Answer: (c)
CPLR 2101(f) provides that a paper must be returned within fifteen days of receipt or any objections as to form will be deemed waived.
CPLR 2102
Except where otherwise prescribed, papers required to be filed:
(a) must be filed with the clerk’s office in the county where the cause of action accrued
(b) must be filed with the clerk’s office in the county where the plaintiff resides
(c) must be filed with the clerk of the court in which the action is triable
(d) none of the above.
Answer: (c)
CPLR 2102 provides that except where otherwise prescribed, papers required to be filed shall be filed with the clerk of the court in which the action is triable. In an action in Supreme or County Court, papers required to be filed must be filed with the clerk of the county in which the proceeding is brought.
CPLR 2103
Where a period of time prescribed by law is measured from the service of a paper and service is by mailing made within the state, _____ day(s) shall be added to the prescribed period.
(a) one
(b) two
(c) three
(d) five.
Answer: (d)
CPLR 2103(b)(2) provides that five days shall be added. These five days are added in order to compensate for the time it takes the postal service to deliver the papers to the addressee.
NOTE: SIX DAYS are added if mailing is made from OUTSIDE THE STATE but from within the United States.
CPLR 2103
Except where otherwise prescribed by law, papers may be served by:
(a) any party to the action
(b) any non-party age sixteen or over
(c) any person age twenty-one or over
(d) any non-party age eighteen or over
(e) any party to the action age twenty-one or over.
Answer: (d)
CPLR 2103(a) provides that except where otherwise prescribed, papers may be served by any person of the age of eighteen years or over who is not a party to the action.
CPLR 2103
Papers may be served upon a party in a pending action by serving the party’s attorney at his designated address:
1. by registered or certified mail
2. by ordinary mail
3. by personal delivery
4. by leaving it with a secretary in charge of the attorney’s office
5. by facsimile transmission to a facsimile telephone number designated for that purpose, and subsequent mailing.
(a) 1 and 3
(b) 1, 3 and 4
(c) 3 and 4
(d) 1, 2, 3 and 4
(e) 1, 2, 3, 4 and 5.
Answer: (e)
CPLR 2103(b) provides that papers may be served on a party’s attorney by any of the five methods listed in the question. Please note that service by overnight delivery services is also permitted.
NOTE: Transmitting the papers by electronic means is also effective in accordance with court rules.
CPLR 2103
As a general rule, a paper served on one party:
(a) need not be served on any other party
(b) need only be served on those parties directly affected by the paper
(c) must be served on every other party who has appeared
(d) must be served on every other party who has not as yet appeared.
Answer: (c)
CPLR 2103(e) provides that each paper served on any party must generally be served on every other party who has appeared.
CPLR 2103-a
If a party resides in a residential program for victims of domestic violence, and is a party in an action, under the CPLR, the present address of such party:
(a) must not be revealed by the court or any court personnel having access to such information
(b) may be disclosed by court personnel if the court agrees
(c) must be communicated only to counsel for the parties
(d) must be revealed subject to rules on disclosure
Answer: (a)
According to CPLR 2103-a(b) the address of such party and the address of the residential program for victims of domestic violence (SSL 459-a) must not be revealed by the court or any court personnel who may have access to such information.
CPLR 2103-a(c)
In cases in which the address of a party is authorized to be kept as confidential because the court finds that disclosure of the address would pose an unreasonable risk to the health or safety of the party, which of the following is designated an agent for service of process on such party.
(a) the attorney for any party
(b) clerk of the court or a disinterested party designated by the court
(c) the director of the residential shelter in which the party resides
(d) the legal aid services.
Answer: (b)
CPLR 2103-a(b) provides that the court must designate the clerk of the court or such other disinterested person as it deems appropriate.
CPLR 2104
Which of the following agreements between parties or their attorneys relating to a matter in an action is not binding:
(a) an oral agreement made between counsel in open court
(b) an agreement between the parties reduced to the form of an order and then entered
(c) a written agreement between the parties signed by the parties but not signed by their attorneys
(d) a written agreement between the parties signed by their attorneys but not signed by the parties
(e) all of the above are binding.
Answer: (e)
CPLR 2104 provides that an agreement between parties or their attorneys relating to any matter in an action, other than one made between counsel in open court, is not binding upon a party unless it is a writing subscribed (i.e., signed) by him or his attorney or reduced to the form of an order and entered. Thus, all four of the agreements referred to in the question are binding.
CPLR 2104
Select the best answer.
A signed, written and binding agreement between parties or their attorneys relating to any matter in an action is according to the CPLR called a:
(a) contract
(b) stipulation
(c) deal
(d) settlement.
Answer: (b)
According to CPLR 2104 such agreements are called stipulations. Thus, the best answer is choice (b).
CPLR 2104
Which of the following is the appropriate person to file a stipulation of settlement:
(a) plaintiff
(b) defendant
(c) judge
(d) the settling party, alone.
Answer: (b)
CPLR 2104 provides that stipulations of settlement must be filed by the defendant.
(WITH THE COUNTY CLERK)
Choice (b) is correct.
CPLR 2105
Which of the following is authorized to certify a copy of a paper:
(a) any party to the action
(b) only a clerk of the court where the action is being tried
(c) any attorney admitted to practice in the courts of the State
(d) only a notary public
(e) none of the above is correct.
Answer: (c)
CPLR 2105 provides that where a certified copy of a paper is required by law, an attorney admitted to practice in the courts of the State may certify that it has been compared by him with the original and found to be a true and complete copy. Thus, choice (c) is the correct answer.
