CPLR 21 Flashcards

1
Q

Unless otherwise prescribed, each paper served or filed shall be of what
size?(CPLR 2101)

A

8 1/2 BY 11 INCHES

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2
Q

Name 7 exceptions to the 8 & 1/2 by 11 inch rule.(CPLR 2101)

A

S-Summonses,
O -Orders of protection,
N -Notes of issue,
N -Notices of appearance,
E -Exhibits,
T -Temporary Orders of protection
S -Subpoenas

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3
Q

Papers filed must be in the English language (CPLR 2101) T/F?

A

True. Affidavits or exhibits annexed to a paper may be in a foreign language,
with translation and affidavit of translator

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4
Q

In all papers, all the names of the parties must be listed in the caption.(CPLR
2101) T/F?

A

False. Only in summonses, complaints, and judgments

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5
Q

et ano means______ et al means______ (CPLR 2101)

A

et ano -and one other
et al -and others

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6
Q

Papers served or filed by electronic means shall be capable of being
reproduced by the receiver so as to comply with CPLR Rule 2101.(CPLR 2101)
T/F?

A

TRUE

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7
Q

A party served with a paper is deemed to have waived objection to any defect
in form unless he returns the paper with a statement of the objection within
_____ days of service of paper.(CPLR 2102)

A

15 days

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8
Q

Who may serve papers in a civil action?(CPLR 2103)

A

any person not a party, of the age of 18 or over (CPLR 312a -papers may be
mailed by plaintiff)

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9
Q

any person not a party, of the age of 18 or over (CPLR 312a -papers may be
mailed by plaintiff)

A

5

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10
Q

When a paper is served by overnight mail, how many days are added?(CPLR
2103)

A

1 day

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11
Q

Can service of a paper be made by leaving it in attorney’s home mail
box?(CPLR 2103)

A

NO

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12
Q

An agreement relating to any matter in an action made by parties, other than
by counsel in open court, is not binding unless: (CPLR 2104)

A
  1. it is in writing and subscribed by him or his attorney, or
  2. it is reduced to the form of an order an entered
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13
Q

(2106) T/F - The statement of any person wherever made, subscribed and
affirmed by that person to be true under the penalties of perjury, may be used
in an action in New York in place of and with the same force an effect as an
affidavit.

A

true

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14
Q

(CPLR 2101)Which of the following is not an exception to rule that papers
served or filed must be 8 & 1⁄2 by 11 inches?
A. summonses and subpoenas
B. answer
C. notice of appearance and notes of issue
D. exhibits

A

B

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15
Q

(CPLR 2101) If a party appears pro-se (self-represented litigant), each paper
filed must have all of following, except:
A. name of party

B. address of party
C. telephone number of party
D. address of attorney of party

A

D

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16
Q

(CPLR 2101)The title of a paper must contain all the names of the parties in
all of following papers, except:
A. summons
B. complaint
C. judgment
D. answer

A

D

17
Q

(CPLR 2105) Where a certified paper is required by law, an attorney:
A. may certify he has compared it to original and found it to be true copy.
B. may demand a certified copy without fee from the clerk.
C. may not enter the original into evidence.
D. may demand a certified copy without payment of a fee

A

A. may certify he has compared it to original and found it to be true copy.

18
Q

(CPLR 2103) Unless otherwise prescribed by law, who can serve papers in a
civil action?
A. anyone 18 or over who is not a party
B. any party over 18
C. any person of suitable age and discretion
D. none of the above

A

A

19
Q

CPLR 2103 Service of papers upon an attorney can be made by any of the
following methods, except:
A. by elect. (means upon party’s written consent.)
B. by mailing to address designated by attorney.
C. by leaving paper in attorney’s home mail box.
D. by leaving paper in attorney’s office drop box, if office is closed.

A

C

20
Q

18.(CPLR 2104) Which of the following choices is not correct? An agreement
made between parties or their attorneys relating to any matter in an action is
NOT binding unless: 1. it was made between counsel in open court, OR 2. it is
oral and agreed upon, OR 3. it is reduced to the form of an order and entered. A.
1, 2 & 3 are not correct
B. only 2 & 3 are not correct
C. only 1 & 2 are not correct
D. only 2 is not correct

A

D