Article 34 Flashcards
Any party may place a case on the calendar by filing with the clerk 2 copies of a note of issue and proof of service within __ days after service upon the other party
10
CPLR 3402
Unless a preference is granted, civil cases shall be tried in the order in which ___ have been filed
Notes of issue
CPLR 3403
T/F? Preference shall be granted in any action in which attorney is over the age of 70
False
CPLR 3403
Name all 6 trial preferences
- By or against the state, political subdivision of the state, etc
- Where provided by statute
- In the interests of justice
- Application of party who has reached the age of 70 years
- A medical, dental, or podiatric malpractice case
- An action in which patient is terminally ill allegedly as a result of defendant
CPLR 3403
A case marked off and not restored within ___ shall be deemed abandoned
1 year
CPLR 3404
Notice of medical malpractice action must be filed within __ days after issue is first joined
60
CPLR 3406
Except where a preference is granted, cases shall be tried on the order that A. Affidavit of service is filed B. Answer is filed C. Notes of issue are filed D. Summons was served
C. Notes of issue are filed
CPLR 3403
Which of the following actions is not entitled to a trial preference
A. Action brought by the state
B. Action where preference is not provided by statute, but plaintiff is 62 yrs old
C. Medical malpractice action or application of party at least 70 yrs old
D. Action against that state
B. ction where preference is not provided by statute, but plaintiff is 62 yrs old
CPLR 3403
Generally, the motion for a preference shall be served with note of issue by party serving note of issue or by any other party within \_\_ days of such service A. 10 B. 20 C. 30 D. 15
A. 10
CPLR 3403
In Supreme and county courts, a case marked off or struck from the calendar and not restored within 1 year shall be deemed \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ A. Active B. Restored C. Abandoned D. None of the above
C. Abandoned
CPLR 3404
Irrespective of joinder of issue, a case may be placed on the calendar by either party at least \_\_ days after service of summons A. 10 B. 20 C. 30 D. 40
D. 40
CPLR 3402
A party who brings in a new party must within five days serve upon that party a note of issue. The party bringing in the new party must also file a statement with the clerk and serve upon all other parties who have appeared in the action a statement advising them that
1. New party has been brought into the action
2. Any change in the title of action
3. Proof of Service of note of issue on new party
4. Proof of service of statement upon all other parties
A. 1, 2 and 3
B. 1, 3 and 4
C. 2, 3 and 4
D. All of the above
D. All of the above
CPLR 3402
Generally, timetable for disclosure in a medical malpractice action, established at pre-trial conference, shall provide for completion of discovery no later than \_\_ months of above notice of action, and that all parties be ready for trial within \_\_ months of above notice of action A. 8...12 B. 12...18 C. 12...18 D. 8...15
B. 12…18
CPLR 3406
In personal injury actions involving terminally ill parties whose illness is a result of defendant’s conduct may request an expedited preliminary conference and timetable. Generally:
1. Preliminary conference shall be held within 29 days after filing of the request
2. Discovery is to be completed within 90 days after the preliminary conference
3. Trial is to be commenced within ________ of judges order (made at preliminary conference)
A. 6 months
B. 9 months
C. 1 year
D. 15 months
C. 1 year
CPLR 3407
Any party may place a case on the calendar after issue is first joined or after __ days have passed since service of the summons has been completed
40
CPLR 3402
