Article 3 Flashcards
T/F The court shall not exercise personal jurisdiction over non-domiciliaries.
False
CPLR 302
Party who starts an action in NYS and who is not subject to personal jurisdiction may be served in other specified separate actions through his attorney or if no attorney appears for him, the _____, during pendency of action.
clerk of the court
CPLR 303
If the court finds that circumstances prevent immediate filing, the signing of an order requiring filing on specified time and date (no later than _ days thereafter) shall commence the action
5
CPLR 304
T/F Filing may be by electronic means, but not by facsimile transmission
False
CPLR 304
If complaint is not served with summons, a ____ stating nature of action and relief sought myst be attached
notice
CPLR 305
T/F Court may allow summons or proof of service of a summons to be amended only within 30 days after service
False
CPLR 305
Proof of service shall be in the form of a ______ if service is made by s sheriff or other public servant.
Certificate
CPLR 306
If service is made by an individual, proof of service shall he form of a(n) _________.
Affidavit
CPLR 306
Service may be made in such manner as the court directs upon motion (with/without) notice if service is impracticable under sections 1, 2 and 4 of CPLR 308
Without
CPLR 308
Personal service on an incompetent may be made on the _______ of the incompetent.
Committee
CPLR 309
T/F Personal service on attorney general may not be made to assistant attorney general in NYS.
False
CPLR 307
In service to person of suitable age and discretion, mailing must be done within __ days of service to person of suitable age and discretion.
20
CPLR 308
In nail and mail, filing proof of service must be done within __ days of nailing or mailing, whichever is done last.
20
CPLR 308
In nail and mail and service to person of suitable age and discretion, service is complete __ days after filing proof of service.
10
CPLR 308
An infant of the age of __ or over must also be served.
14
CPLR 309
To serve a partnership, who may be served?
Any partner (also other methods)
CPLR 310
T/F a corporation can be served by serving any employee
False.
CPLR 311
T/F To serve New York City, you can serve the mayor.
False
CPLR 311
T/F if service cannot be made as per prescribed methods, service may be made in any manner the court directs.
True
CPLR 310-a & 311-a
T/F you need a court order to serve by mail (CPLR 312-a)
False
CPLR
Service by mail (CPLR 312a) can be done by plaintiff or any other person
True
CPLR 312a
Acknowledgment of receipt (CPLR 312a) must be mailed or delivered within __ days of receipt.
30
CPLR 312a
Answer (CPLR 312a) must be filed within __ days after signed acknowledgment is mailed or delivered to sender
20
CPLR 312a
T/F A court order is needed for service by publication
True
CPLR 316
Summarize service by publication requirements (CPLR 316)
Publication shall be made within 30 days after order. Has to be in 2 newspapers, at least 1 English, at least 1 in each of 4 consecutive weeks. Service is complete on the 28th day after first publication.
CPLR 316
A person not served by personal delivery has up to ____ year(s) after he discovers fed adult judgment to come in and defend action (but no more than 5 years after entry of judgment)
One
CPLR 317
When summons is served by personal delivery within NYS, defendant has ___ days after such delivery to answer.
20
CPLR 320
When a summons is served by other Han personal delivery, (except 312a) defendant has __ days after service is complete to answer.
30
CPLR 320
A corporation and voluntary association must appear by ______.
Attorney
CPLR 321
To serve a corporation, you can serve an officer, director, manager, cashier (treasurer), assistant cashier, or ______
Agent
CPLR 311
What commenced an action?
With the filing of a summons
CPLR 304
T/ F the service of a notice of petition commences a special proceeding
False
CPLR 304
T/F filing under this section means the delivery of the summons with notice or summons and complaint to the clerk of the court.
False
CPLR 304
T/F at the time of filing the petition and notice of petition, the clerk is required to date stamp the original papers, but not copies thereof.
False.
CPLR 304
Stamp the original and copy
If filing is by fax, clerk must return a date stamped copy of ________ and the index number.
The first page of the papers
CPLR 304
If filing is by electronic means, clerk must notify filing party of _____ and date and time of filing.
Index number
CPLR 304
A summons shall specify: (4 thing)
- Basis of venue 2. Residence of plaintiff (if based on residence) 3. Index number 4. Date filed with clerk
CPLR 305
T/F In a consumer credit transaction, county of residence of defendant (if within NYS) and county where transaction took place (if within the state) must appear on the summons.
True
CPLR 305
A ______ is used to bring a new party into an action
Supplemental summons.
CPLR 305
In a Supreme Court case, generally service must be made within ____ days after filing summons and complaint.
120
CPLR 306b
A party who starts an action in NYS and who is not subject to personal jurisdiction may be served in other specified separate actions through his: A. Agent B. Out of state mailing address C. Attorney D. None of the above
C. Attorney
CPLR 303
A special proceeding is commenced by: A. Filing of summons and complaint B. Service of summons and complaint C. Filing of petition D. Service of petition and notice of petition
C. filing of petition
CPLR 304
Which of the following is not correct? At the time of filing of a petition, the clerk shall:
A. Stamp the original and a copy of the papers.
B. Retain the original
C. Return the copy to the party filing the papers
D. Mail by certified mail a copy to the respondent
D. Mail by certified mail a copy to the respondent.
CPLR 304
Which one of the following is not correct?
A. Filing may be done by facsimile transmission (fax) or by electronic means (CPLR 2103 (f))
B. If filing is by fax, clerk must return date stamped copy of all pages of the papers and the index number.
C. If filing is by electronic means, the clerk must notify the filing party of the index number and date and time of filing.
B. If filing is by fax, clerk must return date stamped copy of all pages of the papers and the index number
CPLR 304
Which of the following is not correct? A summons shall specific:
A. Basis of venue designated (and plaintiffs address if that is basis of venue)
B. Index number
C. Name of clerk who issued index number
D. Date of filing with the clerk of the court
C. Name of clerk who issued the index number
CPLR 305
Which of the following is not correct? A summons in a consumer credit transaction shall:
A. Prominently display at top of the summons the words “consumer transaction,” and
B. Specify the county of residence of the defendant (if defendant lives within NYS)
C. Specify county where transaction took place, if within NYS
D. Specify the county where item was manufactured
D. Specify the county where item was manufactured
CPLR 305
Court may allow summons or proof of service of a summons to be amended _______ if s substantial right of a party is not prejudiced.
A. At the time of filing proof of service only
B. Within 15 days of service
C. Within 39 days of filing proof of service
D. At any time.
D. At any time
CPLR 305
Which of the following is not correct? Upon the filing of the summons and complaint (or summons with notice) in Supreme or county court:
A. An index number shall be assigned
B. A fee shall be paid
C. If the filing is to bring in a third party, a fee shall be paid
D. If the filing is to bring in a third party, s separate index number shall be assigned
D. If the filing is to bring a third party, a separate index number shall be assigned
CPLR 306-a
An individual who has suffered personal injuries and received medical assistance from social services and commences an action shall notify social service district or department of health (certified mail, return receipt requested) within \_\_ days of completion of service on all parties. A. 30 B. 60 C. 90 D. 120
B. 60
CPLR 306-c
Which of the following statements is not correct? Personal service upon a natural person may be made:
A. By personal delivery of the summons to person within NYS
B. By delivery of summons in NYS to person of suitable age and discretion, at person’s place of business, dwelling, abode, and either mailing summons to person’s last known residence or actual place of business (first class mail) with notation “personal and confidential” on envelope
C. Delivery and mailing must be made within 20 days of each other
D. Filing with clerk must be done within 20 days of delivery or mailing (whichever is done last)
E. Service is complete 29 days after filing proof of service.
E. Service is complete 20 days after filing proof of service.
CPLR 308
Where the court directs that a new party be joined in the action and the order is not made upon the new party's motion, a \_\_\_\_\_\_ summons shall be served upon such party. A. Third party B. Interpleader C. Supplemental D. Duplicate
C. Supplemental
CPLR 305
Which of the following is false: proof of service may be
1. In the form of a certificate, if service was made by a sheriff
2. In the form of an affidavit, if service was made by a person
3. In form of affidavit, if service was made by authorized public officer
A. 1 and 3 only
B. 1 only
C. 3 only
D. 2 and 3 only
C. 3 only
CPLR 306
If proof of service in an action commenced in supreme or county court is not filed with the clerk of the court within 120 days after date of filing of the summons and complaint:
A. Action will be automatically dismissed
B. Defendant may move for dismissal
C. Time to file is automatically extended by 10 days
D. None of the above.
B. Defendant may move for dismissal
CPLR 306-b
Where service is by NAIL AND MAIL or by delivery to person of suitable age and discretion and then mailing, delivery and mailing must be done within 20 days of each other. In such cases, service is complete \_\_\_\_ days after filing proof of service is filed with the clerk. A. 10 B. 20 C. 30 D. None of the above
A. 10
CPLR 308
In personal service upon an infant, if the infant is of the age \_\_\_\_or over, the summons shall also be personally served on the infant. A. 7 B. 10 C. 14 D. 16
C. 14
CPLR 309
Which of following is false? Personal service on partnership may be made by personally serving summons on:
1. Any one of the partners
2. The managing agent of partnership, and mailing to a partner
3. The spouse of any one of the partners, and mailing to a partner
4. Person in charge of partnership office in NYS, and mailing to partner
A. 1 and 4 only
B. 2 only
C. 3 only
D. 2 and 3 only
C. 3 only
CPLR 310
A person to whom summons was not personally delivered and who does not paper may be allowed to defend the action within \_\_ year(s) after he obtains knowledge of the entry of judgment. However the preceding period cannot extend more than \_\_ years after such entry A. One.....five B. Four.....seven C. Five.....seven D. Seven....twenty
A. One…..five
CPLR 317
Which of the following statements are true? A court may exercise press all jurisdiction over any non-domiciliary, his executor or administrator who in person or through an agent:
1. Transacts business within NYS or contracts anywhere to supply goods or services in NYS
2. Commits a tortious act without the state (except defamation of character)
3. Owns, uses or possesses any real property in the state
A. 1, 2 & 3
B. 1 & 2 only
C. 2 and 3 only
D. 1 & 3 only
D. 1 and 3 only
CPLR 302
Which of the following 2 statements are true? Filing may be done by facsimile transmission (FAX) or by electronic means (CPLR 2103 (f))
1. If filing is by fax, clerk must return date stamped copy of first page of papers and the index number
2. If filing is by electronic means, clerk must notify filing party of index number, date and time of filing
A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2
C. Both 1 and 2
CPLR 304
A summons shall specify:
1. Basis of venue designated (and plaintiffs address if that is basis of venue)
2. Index number
3. Date of filing with the clerk of the court
A. 1 and 2 only
B. 1, 2 and 3
C. 1 and 3 only
D. 2 and 3 onlyB. 1, 2 and 3
CPLR 305
A summons in a consumer credit transaction shall:
1. Prominently display at top of the summons the words “consumer credit transaction”
2. Specify the county of residence of the defendant (if defendant lives within NYS)
3. Specify county where transaction took place, if outside NYS
A. 1, 2 and 3
B. 1 only
C. 1 and 3 only
D. 1 and 2 only
D. 1 and 2 only
CPLR 305
Which of the following 2 statements are correct?
1. Generally, proof of service must specify papers served, date, time and address of service (if no address, place and manner of service) and facts showing service was done by an authorized person in an authorized manner
2. If service is made by delivery to an individual, proof of service (affidavit) shall include description of person (sex, skin color, hair color, approx. age, weight and height, and other identifying features)
A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2
C. Both 1 and 2
CPLR 306
One method of personal service on a state officer sued in his official capacity is to deliver the summons to the ____________ or designee of the agency.
A. Secretary of the agency
B. Supervisor of the office
C. Person of suitable age and discretion at agency
D. Chief executive officer
D. Chief executive officer
CPLR 307
Which is not correct? Personal service on an infant may be made by personally serving summons within NYS:
A. Upon a parent or any guardian
B. Other person having legal custody
C. If infant is married, to adult spouse with whom infant resides
D. If non are within NYS, to any teacher at the infant’s school
D. If none are within NYS, to any teacher at the infant’s school
CPLR 309
Which of the following statements relating to service of defendant in parenthesis is not correct?
A. (NYC) you can serve mayor or other person designated by him to receive process
B. (Any city other than NYC) you can serve the mayor, comptroller, treasurer, counsel, clerk
C. (County) you can serve chairman or clerk of board of supervisors, clerk, attorney, or treasurer
D. (Town) you can serve supervisor or clerk
A. (NYC) you can serve mayor or other person designated by him to receive process
CPLR 311
Which is false relating to service by publication? Order shall direct that the following be published:
A. Summons and a brief statement of nature of action and relief sought
B. Notice to plaintiff
C. Sum of money for which judgment will be taken in case of default (except in medical malpractice)
D. Brief description of real property (if it is subject of litigation)
B. Notice to plaintiff
CPLR 316
Which of the following statements is not correct?
A. 325 (a) the Supreme Court, upon motion, can remove s case from a court where an action was commenced by mistake to the proper court
B. 325 (b) upon motion, a court having the necessary jurisdiction to grant the relief that parties are entitled to may remove to itself an action in a court which has the required jurisdiction
C. 325 (c) on consent to a court of limited jurisdiction (amount of damages demanded is reduced to within the monetary jurisdiction of the court of limited jurisdiction
D. 325 (d) without consent (at court’s discretion) to a court of limited jurisdiction (however, the monetary limit remains that of the original court)
B. 325 (b) upon motion, a court having the necessary jurisdiction to grant the relief that parties are entitled to may remove to itself an action in a court which has the required jurisdiction
CPLR 325
May remove itself an action in a court which DOES NOT have the required jurisdiction
Which of the following statements is not correct?
A. 325(d) without consent (at the court’s discretion) to a court of limited jurisdiction (however, the monetary limit remains that of the original court)
B. 325(e) upon motion, the Supreme Court can remove a case from the Supreme Court to the surrogates court where a decedent’s estate is not affected
C. 325(f) if county judge is incapacitated, Supreme Court may remove an action from county court to itself
D. 325(g) a judge of s county court may transfer a case from one local court to another in the same county or adjoining county where it appears that the case will not be disposed of within a reasonable time due to a death, disability, incapacity of judge or inability to form a jury
B. 325(e) upon motion, the Supreme Court can remove a case from the Supreme Court to the surrogates court where a decedent’s estate is not affected
CPLR 325
Which of the following statements are false?
A. If an order of removal is made by a court other than the court where the action is pending, a conformed copy of the order of removal shall be filed in the court where the action is pending
B. When the clerk where the action is pending receives the order, he shall forthwith deliver to other court all papers and records in the action, and certified copies of all minutes
C. The receiving clerk shall file, enter and record the papers as required
D. Subsequent proceedings shall be had in the court to which the case has been removed as if the action had been originally commenced there and no process, provisional remedy or other proceeding taken in the court form which the action was removed shall be invalid as a result of the removal.
A. If an order of removal is made by a court other than the court where the action is pending, a conformed copy of the order of removal shall be filed in the court where the action is pending
CPLR 326 a certified copy of the order of removal
