Civil Court Rules 208

Question 1

208.1 This Part shall be applicable to all actions and proceedings in civil court of City of New York. The provisions of this Part shall be construed as consistent with New York City Civil Court Act (NYCCCA), and matters not covered by these provisions shall be governed by ___________.

Answer 1

NYCCA (208.1)

Question 2

Divisions of court shall be County of New York, County of Queens, County of Bronx, County of Kings and County of ________.

Answer 2

Richmond (208.2)

Question 3

A part of court is a designated unit of court in which specified business of the court is to be conducted by a judge or _____________.

Answer 3

quasi-judicial officer (208.3)

Question 4

There shall also be _____ or more small claims parts in each division for hearing and disposition of all small claims proceedings, as Chief Administrator may establish.

Answer 4

One (208.3)

Question 5

The party causing the _____ paper to be filed shall obtain an index number and communicate it forthwith to all other parties to action.

Answer 5

First (208.04)

Question 6

A party may commence an action by electronic filing of documents as are required to be filed by _____ or Civil Court Act in actions in Civil Court.

Answer 6

CPLR (208.4)

Question 7

T/F? Documents that are electronically filed will be deemed filed with clerk of Civil Court in county in which action is brought. However, no document will be deemed filed unless an index number for action is endorsed thereon.

Answer 7

True (208.4)

Question 8

No later than _____ business days following date of receipt of documents by electronic filing address, clerk of Civil Court shall make available by electronic means a confirmation of electronic, filing.

Answer 8

2 days (208.4)

Question 9

A person seeking to obtain personal jurisdiction over a person named as a party to an action may serve opposing party by electronic means if opposing party agrees to accept such service in accordance with CPLR or _______ Act.

Answer 9

Civil Court (208.4)

Question 10

Where an action is commenced by electronic filing, original proof of service must be electronically filed.
Service is deemed complete upon date of receipt of _______by electronic filing address.

Answer 10

A electronic proof of service (208.4)

Question 11

Documents filed electronically shall be signed as required by Part 130 of Rules of the Chief Administrator (“Part 130”) and shall provide signatory’s name, address and ________.

Answer 11

A telephone number (208.4)

Question 12

A signature on a document filed electronically pursuant to this section, shall be made (i) by autograph of signatory on a hard copy that is thereafter scanned into portable document format or (ii) __________.

Answer 12

by signatory electronically affixing digital image of his signature to document
(208.4)

Question 13

All papers for signature or consideration of court shall be presented to clerk of trial court in appropriate courtroom or at __________, except that where clerk is unavailable or judge so directs, papers may be submitted to judge and a copy filed with clerk at first available opportunity.

Answer 13

Clerk’s Office (208.5)

Question 14

Submitted papers shall be clearly addressed to judge for whom they are intended and prominently show nature of papers, title and index number of action in which they are filed, and name of ___________.

Answer 14

the attorney or party submitting them. (208.5)

Question 15

The summons shall state county division and _______of court in which action is brought, as well as names of parties, and shall comply with all provisions of the NYCCCA applicable to summonses.

Answer 15

location (208.6)

Question 16

At time of filing with clerk of proof of service of summons and complaint in an action arising from a consumer credit transaction, or at any time thereafter, plaintiff shall submit to clerk a stamped envelope addressed to defendant together with a written notice, in both English and _________.

Answer 16

Spanish (208.6)

Question 17

A defendant’s time to answer may be extended by ex-parte order once and no longer than ________ beyond the expiration of the original time to answer.

Answer 17

10 days (208.7)

Question 18

Motions for a change of venue shall be heard in county division of court where
___________.

Answer 18

the action was instituted. (208.8)

Question 19

lf it appears upon its face that proper venue is a county division other than one where it is offered for filing, clerk shall stamp on summons date of rejection and shall enter date of such rejection in a register maintained by him, together with county division in which _________.

Answer 19

summons should be filed (208.8))

Question 20

Generally, the plaintiff shall request a preliminary conference within
_____ days after joinder of issue.

Answer 20

45 days (208.9)

Question 21

The clerk shall notify all parties of scheduled preliminary conference date, which shall be not more than _______ from date request for a preliminary conference is filed.

Answer 21

45 days (208.9)

Question 22

T/F? No motion shall be placed on calendar for hearing in the appropriate part unless a notice of motion is served and filed with motion papers.

Answer 22

True (208.11)

Question 23

Motion papers received by clerk of court on or before return date shall be
deemed submitted as of return date. Generally, attendance by counsel or pro se party at calendar call (shall / shall not) be required.

Answer 23

shall not (208.11)

Question 24

Depositions authorized under provisions of CPLR or other law may be taken, by means of simultaneous audio and __________ electronic recording.

Answer 24

visual (208.12)

Question 25

(Personal injury and wrongful death cases) At any time after joinder of issue and service of a bill of particulars, party to be examined or any other party may serve on all other parties a notice fixing time and place of examination. Unless otherwise stipulated examination shall be held not less than 30 nor more than ______ days after service of notice.

Answer 25

60 (208.13)

Question 26

Actions stricken from calendar may be restored to calendar only upon stipulation of all parties so ordered by court or by motion on notice to all other parties, made within _____________ after action is stricken.

Answer 26

1 year (208.14)

Question 27

T/F? ln consumer credit matters, additional affidavits are required to prove default judgment.

Answer 27

True (208.14)

Question 28

Actions transferred from Supreme Court to Civil Court of City of New York shall be placed in such order and relative position on appropriate calendars that they will be reached for trial insofar as practicable as if a had been filed in Civil Court of City of New York for same date as that for which note of issue was filed in Supreme Court.

Answer 28

Notice of trial (208.15)

Question 29

Generally, in any discontinued action, attorney for plaintiff shall file a stipulation or statement of discontinuance with clerk of court within _____ days of such discontinuance.

Answer 29

20 days (208.16)

Question 30

Notice of trial filed by any party shall be accompanied by a certificate of readiness, with proof of service on all parties. Notice of trial shall include index number, name, office address and telephone number of each attorney and pro se party who has appeared, and name of any ______ acting on behalf of any party.

Answer 30

Insurance Carrier (208.17)

Question 31

A party filing a notice of trial in a medical malpractice action or an action against a municipality, seeking a sum of money only, is prohibited by provisions of CPLR 3017(c) from stating in pleadings amount of damages sought in action, party shall indicate in notice of trial whether amount of damages exceeds $______, exclusive of costs and interest.

Answer 31

$6,000 (208.17)

Question 32

When actions are advanced from one calendar to another they shall progress from head of one calendar to ________ of next calendar and otherwise progress in order insofar as practicable unless otherwise determined by the court.

Answer 32

foot (208.18)

Question 33

A notice shall be published in a law journal of any and all calls of reserve calendars at least _______ court days before such call. The notice shall specify calendar numbers of actions to be called.

Answer 33

5 days (208.19)

Question 34

lf a preference is granted, action shall be placed on a _______ calendar for a day certain ahead of all nonpreferred pending cases, as directed by court, unless court otherwise orders.

Answer 34

Ready (208.20)

Question 35

T/F? ln any action which has been accorded a preference in trial upon a motion filed with clerk, court shall not be precluded, on its own motion at any time thereafter, from restoring the action to its regular calendar position on ground that action is not entitled to a preference.

Answer 35

True (208.21)

Question 36

(Pre-arbitration) There shall be such pretrial conference parts and calendars and such mandatory pretrial and pre-arbitration conferences as may be established by __________.

Answer 36

Chief Administrator of Courts (208.22)

Question 37

T/F? Generally, there shall be a call of actions on reserve calendars in sequence and in sufficient number to insure a steady supply of cases to ready calendar.

Answer 37

True (208.23)

Question 38

Generally, applications for a day certain for trial shall be made to the _____ judge

Answer 38

calendar (208.24)

Question 39

T/F? No adjournment shall be granted on ground of engagement of counsel except in accordance with Part 125 of Rules of Chief Administrator of Courts 22 NYCRR Part 125.

Answer 39

True (208.25)

Question 40

Upon trial of an action, following papers, if not yet submitted, shall be submitted to court by party who has filed notice of trial: (1) . copies of all _____, marked as required by CPLR 4012; (2) a copy of any statutory provision, in effect at time cause of action arose upon which either plaintiff or defendant relies; and (3) a copy of bill of particulars, if any. (b) lf so ordered, parties shall submit to court, before commencement of trial, trial memoranda which shall be exchanged among counsel.

Answer 40

pleadings (208.27)

Question 41

T/F? Generally, all trial counsel shall remain in attendance at all stages of trial until jury retires to deliberate unless excused by judge presiding.

Answer 41

True (208.28)

Question 42

Whenever court has scheduled a hearing to determine whether process was served validly & timely upon a party, and where a process server will testify as to service, process server shall be required to bring to hearing all records in possession of process server relating to matter at issue. Where process server is licensed, he or she also shall bring _____ to court.

Answer 42

license (208.29)

Question 43

An action, in which there has been an inability by a jury to reach a verdict, a mistrial or a new trial granted by trial judge or an appellate court, shall be restored to ready calendar by filing a notice thereof with appropriate ______.

Answer 43

clerk (208.31)

Question 44

In an inquest to ascertain damages upon a default pursuant to CPLR 3215, if defaulting party fails to appear in person or by representative, party entitled to judgment, whether a plaintiff, third-party plaintiff, or a party who has pleaded a cross-claim or counlerclaim, shall be permitted to submit, in addition to proof required by CPLR 3215(e), properly executed _______ as proof of damages.

Answer 44

affidavits (208.32)

Question 45

ln any action where it is necessary to take an inquest before court, party seeking damages may submit proof required by oral testimony of witnesses in open court or by written statements of witnesses, in narrative question and answer form, signed and ________.

Answer 45

sworn to (208.32)

Question 46

T/F? Judge may order that a proposed settlement be returnable at office of clerk of part in which order or judgment was granted, or before judge if court has so directed.

Answer 46

True (208.33)

Question 47

Whenever a judge is temporarily absent from a multipart court, proceedings in progress or scheduled for appearance in part presided over by that judge shall be reassigned or otherwise handled by a calendar judge, or______ judge if no calendar part has been established.

Answer 47

administrative (208.34)

Question 48

Judges are encouraged to order a ______ trial of issues of liability and damages in any action for personal injury. The issue of liability shall be tried first, unless court orders otherwise.

Answer 48

bifurcated (208.35)

Question 49

T/F? ln opening to jury on liability phase of trial, counsel may not discuss question of damages.

Answer 49

True (208.35)

Question 50

No execution may be issued against any party who has appeared by an attorney in an action or proceeding unless a copy of judgment has been duly served upon _________.

Answer 50

attorney of such party (208.37)

Question 51

No execution may be issued against any party who has appeared in person in any action & who defaults in answering either original or an amended or supplemental complaint, unless a copy of judgment has been duly served upon such party personally or mailed to such party, by ______ mail, at address stated in notice of appearance or in last pleading or paper filed by party with clerk, or at address last furnished by party to clerk in writing.

Answer 51

certified (208.37)

Question 52

A notice of appeal shall not be accepted for filing without proof of _______.

Answer 52

service upon all parties. (208.38)

Question 53

Every subpoena or other process providing for examination of a Judgment debtor or other person, including a garnishee, in addition to other requirements of CPLR 5223, shall have endorsed on its face, in bold type, words: "This subpoena or process (as case may be) requires your personal appearance at time and place specified. Failure to appear may subject you to a fine and imprisonment for________.

Answer 53

contempt of court (208.39)

Question 54

A small claims action shall be instituted by a plaintiff or someone on his or her behalf paying filing fee as provided in NYCCCA 1803, and by supplying to clerk necessary information. The clerk shall reduce this information to a written statement on a form provided therefor and shall record it in his or her office. The statement shall be in nontechnical, concise and simple language, and shall be signed by person who shall have supplied information contained therein. The clerk shall give to person who signed statement a memorandum of time and place set for hearing, which shall be as soon as practicable, and shall advise such person to produce at hearing supporting witnesses, account books, receipts or other documents required to establish claim within _______ days after action is recorded, clerk shall send to defendant by ordinary first class mail and by certified mail, return receipt requested, addressed to one or more of the addresses supplied as shall be deemed necessary a signed notice bearing seal of court.

Answer 54

5 days (208.41)

Question 55

T/F? There may be arbitration of any Small Claims controversy. Decision of arbitrator is final and no appeal shall lie from the award

Answer 55

True (208.41)

Question 56

T/F? The time within which clerk shall enter judgment may be extended by a stipulation in writing for a further period not to exceed 30 days.

Answer 56

True (208.41)

Question 57

A commercial claims action may be brought by a claimant that is: (1) a corporation, including a municipal or public benefit corporation, partnership, or association, which has its principal office in City of New York; or (2) an ______ of any commercial claim, subject to restrictions set forth in NYCCCA '1809-A

Answer 57

assignee (208.41)

Question 58

(Commercial claim) T/F? Claimant must certify that not more than five claims have been instituted in courts of this State in calendar month.

Answer 58

True (208.42)

Question 59

lf, after expiration of ______ days (30 days in case of a commercial claim arising out of a consumer transaction) from date notice was mailed, ordinary first class mailing has not been returned as undeliverable, defendant shall be presumed to have received notice of claim.

Answer 59

21 days (208.42)

Question 60

(Small Claims) lf service of notice cannot be made upon defendant within _____ months following date on which action was first instituted, action shall be dismissed without prejudice.

Answer 60

4 months (208.41)

Question 61

T/F? Where all parties appear by attorney, case shall be transferred to appropriate county division of Civil Court of City of New York, and claimant shall pay any additional filing fees required by law. lf claimant fails or refuses to pay such filing fees, court shall dismiss case.

Answer 61

True (208.41)

Question 62

T/F? Proceedings under Article 7 of Real Property Actions and Proceedings Law involving residential property shall be commenced in housing part.

Answer 62

True (208.42)

Question 63

The ________ promptly shall mail postcard to respondent at premises and at any other address at which process was served in summary proceeding. No default judgment for failure to answer shall be entered unless there has been compliance with this rule.

Answer 63

Clerk (208.42)

Question 64

Generally, in any action or proceeding in housing part of Civil Court, action or proceeding must be brought in county in which _______ is situated.

Answer 64

real property (208.43)

Question 65

T/F? (Housing court) No disclosure or bill of particulars shall be allowed without an order of court in an action or proceeding to impose a civil penalty in housing part.

Answer 65

True (208.43)