Article 44 Trial Motions

Question 1

                                                                      CPLR 4402
Select the best answer.
(a)   At any time during trial, the court, on motion of any party, may order a continuance in the interest of justice on such terms as may be just.
(b)   At any time during trial, the court, on motion of any party, may order a new trial in the interest of justice on such terms as may be just.
(c)   Both (a) and (b) are correct.
(d)   Neither (a) nor (b) is correct.

Answer 1

 Answer: (c)
CPLR 4402 provides that at any time during trial, the court, on motion of any party, may order a continuance or a new trial in the interest of justice on such terms as may be just. Thus, both choices (a) and (b) are correct.

Question 2

   CPLR 4404
Select the best answer.
After trial of a cause of action triable of right by jury, the court may upon the motion of any party or on its own initiative
(a)   set aside a verdict and direct that judgment be entered in favor of a party entitled to judgment as a matter of law
(b)   order a new trial of a cause of action where the verdict is contrary to the weight of the evidence, in the interest of justice
(c)   Both (a) and (b) are correct.
(d)   Neither (a) nor (b) is correct.

Answer 2

Answer: (c)
CPLR 4404(a) clearly provides that both choices (a) and (b) are correct.

Question 3

 CPLR 4405
A post-trial motion for a new trial must be made within ______ days after decision, verdict or discharge of the jury.
(a)   ten
(b)   fifteen
(c)   twenty
(d)   thirty.

Answer 3

  Answer: (b)
CPLR 4405 provides that the applicable period is fifteen days.

Question 4

 CPLR 4406
As to written post-trial motions made after decision, verdict or discharge of the jury
(a)   there may be only one motion, to include all available grounds
(b)   there may be as many separate motions as there are separate grounds
(c)   each motion must be decided before the next motion may be filed
(d)   the number of separate motions is limited to three.

Answer 4

 Answer: (a)
CPLR 4406 provides that in addition to motions made orally immediately after decision, verdict or discharge of the jury, there shall be only one post-trial motion with respect to any decision by a court, or to a verdict on issues triable of right by a jury. Thus, choice (a) is correct. All other choices are unsupported by the CPLR.