Article 44

Question 1

A post trial motion under this article shall be made before the judge who presided at the trial within __ days after decision

Answer 1

15

CPLR 4405

Question 2

T/F? During trial any party may move for a judgment as a matter of law after the close of the evidence presented by the opposing party or any time on the basis of admissions

Answer 2

True

CPLR 4401

Question 3

T/F? The court may on its own motion or on motion of any party set aside a verdict or its decision or any judgment entered thereon

Answer 3

True

CPLR 4404

Question 4

A motion for a continuance or a new trial
A. must be the court's own motion
B. May only be made by the plaintiff
C. may only be made by the defendant
D. may be made during trial by any party

Answer 4

D. may be made during trial by any party

CPLR 4402

Question 5

Motion for a new trial or to confirm or reject the verdict of an advisory jury or the report of a referee to report must be made within \_\_ days after the verdict or the filing of the report and prior to further trial in the action
A. 60
B. 45
C. 30
D. 15

Answer 5

D. 15

CPLR 4403

Question 6

After trial by jury, the court may on its own motion or on motion of any party set aside a verdict or its decision or any judgment entered thereon. Court may:
1. direct that judgment be entered in favor of a party entitled as a matter of law
2. may order a new trial where verdict is contrary to the weight of the evidence, or in the interests of justice, or because jury cannot agree after being kept together for as long as reasonable
A. 1
B. 2
C. both 1 and 2
D. neither 1 nor 2

Answer 6

C. both 1 and 2

CPLR 4404

Question 7

Which of the following statements is not correct?
After trial by the court, the court may on its own motion or on motion of any party may
A. set aside it decision or judgment
B. make new findings or conclusions of law, with or without taking additional testimony
C. render a new decision and direct entry of judgment, or order a new trial of accuse of action or separable issue
D. substitute a juror and instruct the jury to reconsider its verdict

Answer 7

D. substitute a juror and instruct the jury to reconsider its verdict

CPLR 4404

Question 8

In addition to oral motions immediately after decision, there shall be a maximum of \_\_ motion(s) by each party containing every ground for post-trial relief
A. 3
B. 1
C. 2
D. 4

Answer 8

B. 1

CPLR 4406