Article 4

Question 1

The adverse party in a special proceeding is called the ________.

Answer 1

Respondent

CPLR 401

Question 2

A petition in a special proceeding shall comply with the requirements for a ________ in an action.

Answer 2

Complaint

CPLR 402

Question 3

The (petition/notice of petition) shall specify the time and place of the hearing.

Answer 3

Notice of petition

CPLR 403

Question 4

The court may grant an _____ to be served, in lieu of s petition at a time and in a manner specified.

Answer 4

Order to show cause

CPLR 403

Question 5

T/F The court may sever a claim or counterclaim.

Answer 5

True

CPLR 407

Question 6

T/F generally, in a special proceeding, leave of the court is not required for disclosure.

Answer 6

False

CPLR 408

Question 7

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.

Answer 7

True

CPLR 409

Question 8

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.

Answer 8

True

CPLR 409

Question 9

In an action a summons and ______ are used.

Answer 9

Complaint

CPLR 402

Question 10

In a special proceeding a petition and _____ are used.

Answer 10

Notice of petition

CPLR 402

Question 11

Notice of petition must be served at least ____ before hearing time.

Answer 11

8 days

CPLR 403

Question 12

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.

Answer 12

7 days

CPLR 403

Question 13

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 _____.

Answer 13

At that time

CPLR 406

Question 14

A petition in a special proceeding shall comply with the requirements for a \_\_\_\_\_\_ in an action. 
A. Summons
B. Answer
C. Objection
D. Complaint

Answer 14

D. Complaint

CPLR 402

Question 15

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

Answer 15

C. At the time the petition is noticed to be heard

CPLR 406

Question 16

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

Answer 16

B. Forthwith

CPLR 410

Question 17

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

Answer 17

A. 5…2

CPLR 405

Question 18

The parties in a special proceeding are called
A. Claimant and respondent 
B. Plaintiff and defendant 
C. Petitioner and respondent 
D. Petitioner and defendant

Answer 18

C. Petitioner and respondent

CPLR 401

Question 19

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

Answer 19

C. 3 only

CPLR 401

Question 20

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

Answer 20

C. At least 8 days before hearing

CPLR 407

Question 21

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

Answer 21

C. At any time

CPLR 407

Question 22

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

Answer 22

A. 1

CPLR 402

Question 23

The party commencing a special proceeding is called the _______.

Answer 23

Petitioner

CPLR 401