Article 80 Fees

Question 1

  CPLR 8001
Any person whose attendance is compelled at trial by subpoena shall receive an attendance fee of _______ dollars for each day’s attendance.
(a)   two
(b)   ten
(c)   fifteen
(d)   fifty
(e)   one hundred.

Answer 1

 Answer: (c)
CPLR 8001(a) provides for an attendance fee of fifteen dollars per day.

Question 2

 CPLR 8002
A court stenographer’s fee for a transcript, unless otherwise agreed or provided by law, is:
(a)   fixed by the Judiciary Law
(b)   fixed by CPLR
(c)   three dollars per page
(d)   fixed by rules promulgated by the Chief Administrator of the Courts.

Answer 2

 Answer: (d)
CPLR 8002 provides that unless otherwise agreed or provided by law, a stenographer is entitled to, for furnishing a transcript, a fee set forth in the rules promulgated by the Chief Administrator of the Courts. Thus, choice (d) is correct.

Question 3

     CPLR 8003
Generally, a referee is entitled to a daily fee of:
(a)   three hundred fifty dollars
(b)   one hundred dollars
(c)   one hundred fifty dollars
(d)   two hundred dollars.

Answer 3

Answer: (a)
CPLR 8003(a) states that generally a referee is entitled to three hundred fifty dollars for each day spent in the business of the reference. A different fee may be fixed by the Court or by written consent of all parties not in default for failure to appear or plead.

Question 4

    CPLR 8004
The commissions of a receiver, generally, may not exceed _____ percent of the amounts received and disbursed by him.
(a)   two
(b)   five
(c)   seven
(d)   ten.

Answer 4

Answer: (b)
CPLR 8004(a) states that generally a receiver is entitled to such commissions, not exceeding five percent of the sums received and disbursed by him, as the Court allows. However, a minimum fee of one hundred dollars may be allowed.

Question 5

 CPLR 8009
The fee for administering an oath or affirmation is generally set at:
(a)   one dollar
(b)   two dollars
(c)   five dollars
(d)   six dollars.

Answer 5

  Answer: (b)
CPLR 8009 provides that the fee is two dollars, unless otherwise prescribed by statute.

Question 6

    CPLR 8018
The total fee a county clerk is entitled to for the assignment of an index number to an action pending in a court of which he is a clerk is:
(a)   fifty dollars
(b)   seventy-five dollars
(c)   ninety dollars
(d)   one hundred ninety-five dollars.

Answer 6

Answer: (d)
CPLR 8018 provides that the total fee to be received by the county clerk is one hundred ninety-five dollars, which is comprised of one hundred ninety dollars plus an additional five dollars in accordance with the statute.
NOTE: In foreclosure actions, the clerk is entitled to collect an additional $190.00 fee.

Question 7

   CPLR 8018
A clerk may receive a fee for the assignment of an index number in all of the following cases except:
(a)   a negligence action
(b)   a criminal case
(c)   a civil action pertaining to a name change
(d)   an action based on a real estate transaction.

Answer 7

Answer: (b)
CPLR 8018(a) provides that the County Clerk is entitled to the fee for the assignment of an index number to an action pending in a court of which he or she is clerk. CPLR 8018(b) sets forth the exemptions.
Choice (b) is contained in that list of exemptions.

Question 8

  CPLR 8021
The fee to which a county clerk is entitled, acting other than in his capacity as clerk of the Supreme or County Court, in relation to papers related to real property is the following for filing and indexing a map:
(a)   $ 5
(b)   $10
(c)   $25
(d)   $50.

Answer 8

 Answer: (b)
CPLR 8021(a)(2).