Article 42

Question 1

T/F? The court shall decide all issues not required to be tried by jury

Answer 1

False

CPLR 4211

Question 2

Court, upon motion of any party on its own motion, may submit any issue of fact to advisory jury or, on a showing of some exceptional condition requiring it or on matter of account, to a referee to _____.

Answer 2

report

CPLR 4212

Question 3

A referee to inquire and report may: (3 things)

Answer 3

1. issue subpoenas
2. administer oaths
3. direct parties to engage and permit disclosure

Question 4

T/F? The decision of the court must be in writing

Answer 4

False

CPLR 4213

Question 5

Generally the decision of the court shall be rendered within __ days after the cause of matter is finally submitted

Answer 5

60

CPLR 4213

Question 6

The decision of the court:
A. must be oral
B. must be in writing
C. may be oral or in writing
D. none of the above

Answer 6

C. may be oral or in writing

CPLR 4213

Question 7

A referee to inquire and report shall have the power to
A. issue subpoenas and administer oaths
B. direct parties to engage in disclosure
C. Both A and B
D. issue subpoenas but not administer oaths

Answer 7

C. Both A and B

CPLR 4201

Question 8

Which of the following is not correct?
A. In a trial by the court the decision may be in writing
B. The court shall decide any issue not required to be decided by a jury
C. Decision of court shall be rendered within 30 days after matter is submitted
D. In a trial by the court, trial is without a jury

Answer 8

C. Decision of court shall be rendered within 30 days after matter is submitted

CPLR 4213