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CPLR > Article 23 > Flashcards

Article 23 Flashcards

1
Q

A subpoena duces tecum requires the production of ___________.

A

Records of things

CPLR 2305

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2
Q

T/F? A subpoena duces tecum requires the production of books and or records

A

True

CPLR 2305

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3
Q

A subpoena shall be served in the same manner as a ___________.

A

Summons

CPLR 2303

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4
Q

T/F? A child support subpoena may be served by regular mail

A

True

CPLR 2303

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5
Q

T/F? After a subpoena is served, proof of service must be filed.

A

False

CPLR 2303

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6
Q

One days’ attendance fee (subpoena fee) is ____.

A

$15

CPLR 2303

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7
Q

A motion to quash or modify a child support subpoena may be made to a Supreme Court judge or __________.

A

Family court judge

CPLR 2304

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8
Q

A subpoena for hospital records must be served at least ___ day(s) before time stated for production of records.

A

3

CPLR 2306

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9
Q

A subpoena for books, papers, etc. from a library, city department, or state must be served at least ________ before time stated for production of records

A

24 hours

CPLR 2307

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10
Q

Three penalties for disobedience of a judicial subpoena are

A
  1. If witness is a party, court may strike pleadings
  2. Up to $150.00 costs
  3. Damages sustained by reason of failure to comply

CPLR 2308

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11
Q

T/F? Failure to comply with a child support subpoena may result in penalty of up to $50 imposed by the social services department or district.

A

True

CPLR 2308

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12
Q

Witness who refuses to answer questions may be jailed for a period of

A

90 days at periodic intervals until he complies or is otherwise discharged

CPLR 2308

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13
Q

To compel compliance with a non-judicial subpoena not returnable in a court, motion may be made in ____________ court

A

Supreme

CPLR 2308

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14
Q

A clerk is authorized to administer an oath to ______.

A

Jurors

CPLR 2309

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15
Q

A subpoena for records is called a _________

A

Subpoena duces tecum

CPLR 2301

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16
Q

A subpoena may be issued without a court order by

A
  1. Clerk of the court
  2. A judge (where there is no clerk)
  3. The attorney general
  4. Attorney of record for party to an action, administrative proceeding or arbitration
  5. An arbitrator
  6. A referee
  7. Member of a board, commission, or committee, authorized by law

CPLR 2302

17
Q

To compel attendance of a person confined in a penitentiary, a _____ subpoena is required

A

Judicial

CPLR 2302

18
Q 
A motion to quash (to annul, make void) a subpoena can be made in the court in which subpoena is returnable. Of the subpoena is not returnable in a court, a request to modify or withdraw the subpoena must first be made to the person before a motion to quash or modify the subpoena is made in which court?
A. District court
B. Supreme Court
C. Appellate term
D. Appellate division
A

B. Supreme Court

CPLR 2304

19
Q

A child support subpoena may be issued by (list 4)

A

1) department of a social services district
2) child support enforcement unit coordinator of social services district (or designee)
3) support collection unit supervisor of s social services district (or designee)
4) another state’s child support enforcement agency governed by IV-D of the social services law

CPLR 2302

20
Q

Which of the following statements is not correct?
A. An oath or affirmation may be administered by any person authorized to take acknowledgments of deeds (real property law), any person authorized to receive evidence (oath for evidence purpose), any clerk of court and his deputies
B. Oaths and affirmations taken outside NYS are treated a if taken within NYS if accompanied by certificate as would be required to entitle a deed acknowledged outside NYS to be recorded in NYS
C. Oath administered by US armed forces officer shall be accompanied by certificate with requirements of this section
D. A subpoena duces tecum can only be issued by a judge

A

D. A subpoena duces tecum can only be issued by a judge

CPLR 2302

21
Q 
Amy person subpoenaed shall be paid or tendered in advance authorized traveling expenses and one day's witness fee, currently \_\_\_\_\_.
A. $25
B. $16
C. $23
D. $15
A

D. $15

CPLR 2303

22
Q 
A subpoena for hospital records, medical records,p of department or bureau of a municipal corporation or of the state, must be served at least \_\_ day(s) before time fixed for production of records
A. 1 day
B. 2 days
C. 3 days
D. 7 days
A

C. 3

CPLR 2306

23
Q 
A subpoena for books, papers and other things of a library, department or bureau of a municipal corporations or of the state shall be served at least \_\_ before time fixed for production of records
A. One Day
B. Three days
C. Twenty-four hours
D. Seventy-two hours
A

C. Twenty four hours

CPLR 2307

24
Q

Failure to comply with a judicial subpoena can result in all of following, except
A. Punishment for contempt of court
B. $150 plus damages to aggrieved party
C. Arrest on a warrant issued by the court
D. Return of witness fee

A

C. Arrest on a warrant issued by the court

CPLR 2308

25
Q

Which of the following is not correct?
A. A subpoena requires the attendance of person to give testimony
B. Subpoena duces tecum can require production of books and other things
C. A subpoena cannot be issued without a court order
D. A subpoena shall be served in same manner add summons

A

C. A subpoena cannot be issued without a court order

CPLR 2301-2303

26
Q

Which of the following may issue a subpoena without a court order?
1. Clerk of the court and an arbitrator
2. Judge and attorney general
3. An attorney of record for party in an action
A. 1 and 2
B. 1 and 3
C. 1
D. 1, 2, and 3

A

D. 1, 2 and 3

CPLR 2302

27
Q

For which of the following must a subpoena be issued by the court?
A. To compel attendance of an incarcerated person
B. For the original of record
C. To compel the attendance of a person
D. None of the above

A

A. To compel attendance of an incarcerated person

CPLR 2302

CPLR (33 decks)

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