CPLR 10 and 11

Question 1

Parties should be joined when necessary for complete relief of parties or when parties might be
inequitably affected by a judgment refers to
a.) necessary or
b.) permissive joinder? (CPLR 1001)

Answer 1

a.) necessary joinder

Question 2

Misjoinder of parties is not ground for dismissal of an action.(CPLR 1003) T/F?

Answer 2

True

Question 3

A__________is a person exposed to multiple liability as a result of adverse claims.(CPLR 1006)

Answer 3

Stakeholder

Question 4

Defendant stakeholder may bring in a claimant who is not a party by filing a summons
and________ (CPLR 1006)

Answer 4

interpleader complaint.

Question 5

Third party summons and complaint and all prior pleadings shall be served upon the third party
defendant within ____ days of filing. (CPLR 1007)

Answer 5

120

Question 6

Defendant serving a third party complaint shall be styled a____________and the person so
served shall be styled a_________(CPLR 1007)

Answer 6

Third party plaintiff / third party defendant

Question 7

A person may intervene
a.) as of right b.) by permission when the person’s claim or defense and the main action have a common
question of law or fact?

Answer 7

b.) by permission (CPLR 1013)

Question 8

Upon the substitution of a party in an action, the time for taking procedural steps is extended until
______days after substitution is made.(CPLR 1022)

Answer 8

15

Question 9

Regarding intervention as of right, a person may intervene when: 1. a statute confers the absolute
right to intervene. 2. judgment on claim for damages to property might be favorable to his interests.
A. 1 only B. 2 only C. both 1 & 2 D. neither 1 nor 2

Answer 9

A. (CPLR 1012)

Question 10

A person may intervene by permission:
1. when a statute confers the right to intervene in the discretion of the court.
2.when person’s claim/defense have common question law/fact with the main action.
A. 1 onl y
B. 2 only
C. both 1&2
D. neither 1 nor 2

Answer 10

C (CPLR 1013)

Question 11

Upon substitution of party, time for taking procedural steps is extended as to all parties until 15 days
after___________.
A. motion for substitution was made
B. the answer is filed
C. service is complete
D. substitution is made

Answer 11

D (CPLR 1022)

Question 12

12. Parties may be added at any stage of the action without leave of the court within____ days after
    service of the original summons, or any time before period for responding to that summons expires, or
    within _____days after service of a pleading responding to the summons.
    A. 10…10 B. 20…20 C. 15…15 D. 20…30

Answer 12

B (CPLR 1003)

Question 13

Permission to proceed as poor person may only be granted by court where action is triable.(CPLR
1101) T/F?

Answer 13

False. May also be granted by court where appeal has or will be taken.

Question 14

A party who earns $350.00 or more per week is not eligible for poor person status. (CPLR 1101) T/F?

Answer 14

False. NO minimum amount is specified in the law.

Question 15

If application for poor person is denied in Supreme Court, action will be dismissed if fee is not paid
within ___ days.(CPLR 1101)

Answer 15

120

Question 16

A motion is needed for a person to be allowed to proceed as a poor person.(CPLR 1101) T/F?

Answer 16

False. An affidavit (instead of a motion) may be filed in certain cases.

Question 17

Person represented by legal aid society is automatically granted poor person status.(CPLR 1101) T/F?

Answer 17

False. A certificate must be filed by the legal aid attorney that a determination has been made by the
legal aid society that the party is unable to pay the costs and expenses of the action.

Question 18

Eligible inmates may commence an action by paying a reduced filing fee of not less than___ dollars
nor more than ___dollars.
(CPLR 1101)

Answer 18

15…. 50

Question 19

Recovery by a poor person shall be paid to _________________(CPLR 1102)

Answer 19

the clerk of court where poor person order was entered (for distribution as per court order).

Question 20

Where____________represents a party, such fees and costs are waived without the requirement of a
motion for poor person status. 1. legal services 2. legal aid 3. non-profit group which represents indigent
persons.
A. 1 only
B. 1 & 2 only
C. 1, 2 and 3 D. 1 & 3 only

Answer 20

C (CPLR 1101)

Question 21

The affidavit in a motion to proceed as a poor person must contain all of the following, except:
A. the amount of poor person’s income.
B. the source of poor person’s income.
C. statement that poor person is able to pay costs and fees.
D. whether any other person is beneficially interested in the
recovery sought.

Answer 21

C (CPLR 1101)

Question 22

When a poor person recovers money on a settlement or on a judgment, the money must be paid
to_________, who shall distribute the money according to a court order.
A. clerk of the court
B. attorney for plaintiff
C. attorney for poor person
D. NYS Finance Administrator

Answer 22

A (CPLR 1102)

Question 23

Choose the best answer: A motion to proceed as a poor person may be made:
A. in a trial court.
B. in court where appeal has been or will be taken.
C. A or B
D. Neither A nor B

Answer 23

C (CPLR 1101)

Question 24

If the court determines that_______has insufficient means to pay the full filing fee, the court may
permit him to pay a reduced filing fee, the minimum of which shall not be less than 15 dollars and the
maximum of which shall not be more than 50 dollars.
A. any plaintiff
B. any petitioner
C. any inmate

D. any claimant or any plaintiff

Answer 24

C (CPLR 1101)

Question 25

Which of the following is false?
A. In a poor person order, the court must assign an attorney.
B. In an appeal, a poor person may submit typewritten briefs.
C. If a poor person does not recover by judgment, he is not
liable for fees.
D. The court clerk must notify the court stenographer of poor person status.

Answer 25

A (CPLR 1102a)