Article 4 Flashcards
The adverse party in a special proceeding is called the ________.
Respondent
CPLR 401
A petition in a special proceeding shall comply with the requirements for a ________ in an action.
Complaint
CPLR 402
The (petition/notice of petition) shall specify the time and place of the hearing.
Notice of petition
CPLR 403
The court may grant an _____ to be served, in lieu of s petition at a time and in a manner specified.
Order to show cause
CPLR 403
T/F The court may sever a claim or counterclaim.
True
CPLR 407
T/F generally, in a special proceeding, leave of the court is not required for disclosure.
False
CPLR 408
T/F The court shall make a summary determination upon the pleadings, papers and admissions to the extent that no triable issues of fact are raised.
True
CPLR 409
T/F the court, when making a determination on relief requested in a special proceeding may make any orders permitted in a motion for summary judgment.
True
CPLR 409
In an action a summons and ______ are used.
Complaint
CPLR 402
In a special proceeding a petition and _____ are used.
Notice of petition
CPLR 402
Notice of petition must be served at least ____ before hearing time.
8 days
CPLR 403
If notice of petition is served at least 12 days before hearing, answer must be served at least _____ before hearing if notice of petition so specifies.
7 days
CPLR 403
Motions in a special proceeding, made before the time at which the petition is noticed to be heard, shall be heard noticed to be heard _____.
At that time
CPLR 406
A petition in a special proceeding shall comply with the requirements for a \_\_\_\_\_\_ in an action. A. Summons B. Answer C. Objection D. Complaint
D. Complaint
CPLR 402
Motions in a special proceeding, made before the time at which the petition noticed to be heard, shall be noticed to be heard ___________.
A. At least 8 days after motion was served
B. At least 12 days after motion was served
C. At the time the petition is noticed to be heard
D. None of the above
C. At the time the petition is noticed to be heard
CPLR 406
In a special proceeding trial, if triable issues of fact are raised, they shall be tried:
A. Within 10 days
B. Forthwith
C. At the conclusion of the petitioners case
D. Within 30 days
B. Forthwith
CPLR 410
If the motion to correct a pleading in a special proceeding is granted, the party who made the motion shall serve and file his answer within \_\_ days of service of the amended pleading. If the motion is denied, he shall file his answer within \_\_ days of service of the order denying the motion with notice of entry. A. 5...2 B. 5...7 C. 8...2 D. 7...2
A. 5…2
CPLR 405
The parties in a special proceeding are called A. Claimant and respondent B. Plaintiff and defendant C. Petitioner and respondent D. Petitioner and defendant
C. Petitioner and respondent
CPLR 401
Which of the following relating to special proceeding is false?
1. Permission of court is needed to interplead a party once proceeding has commenced.
2. Permission of court is needed to join a party once a proceeding has commenced.
3. Once a special proceeding is commenced, third party can be brought in without court permission
A. 1 only
B. 2 only
C. 3 only
D. 1 and 3 only are false
C. 3 only
CPLR 401
Petition and notice of petition must be served A. At least 3 days before hearing B. At least 5 days before hearing C. At least 8 days before hearing D. At least 12 days before hearing
C. At least 8 days before hearing
CPLR 407
Choose the best answer: court may order severance of a claim, counterclaim, or cross-claim:
A. Prior to commencement of trial only
B. Before the first witness is sworn
C. At any time
D. Only upon motion of plaintiff or defendant
C. At any time
CPLR 407
If a notice of petition is served at least 12 days before hearing, answer must be served 7 days before hearing if notice of petition so demands. Any reply must be served at least \_\_\_ day before hearing time A. 1 B. 2 C. 3 D. None of the above
A. 1
CPLR 402
The party commencing a special proceeding is called the _______.
Petitioner
CPLR 401
