CPLR 21 Thru 23 Flashcards
Unless otherwise prescribed, each paper served or filed shall be of what size? (CPLR 2101)
8 and 1/2 by 11 inches
Name 7 exceptions to the 8 & 1/2 by 11 inch rule. (CPLR 2101)
S - Summonses
O- Orders of protection
N- Note of issue
N- Notices of appearance
E- Exhibits
T - Temporary Orders of Protection
S- Subpoenas
Papers filed must be in the English language (CPLR 2101) T/F?
True Affidavits or exhibits annexed to a paper may be in a foreign language, with translation and affidavit of translator
In all papers, all the names of the parties must be listed in the caption. (CPLR 2101) T/F?
False. Only in summonses, complaints, and judgments
Et ano means________. Et al means_______(CPLR 2101)
Et ano - and one other
Et al - and others
Papers served or filed by electronic means shall be capable of being reproduced by the receiver so as stop comply with CPLR Rule 2101. (CPLR 2101) T/F?
True
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)
15 days
Who may serve papers in a civil action? (CPLR 2103)
Any person not a party of the age of 18 or over (CPLR 21a- papers may be mailed by plaintiff)
When a paper is served by mail, how many days are added>(CPLR 2103)
5 days
When a paper is served by overnight mail, how many days are added> (CPLR 2103)
1 DAY
Can service of a paper be made by leaving it in attorney’s home mail box>(CPLR 2103)
NO
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)
- It is in writing and subscribed by him or his attorney, or 2. It is reduced to the form of an order an entered.
Who may file an affirmation instead of an affidavit?(CPLR 2106)
A P O D
Attorney, Physician, Osteopath, Dentist
DO NOT FALL FOR PODIATRIST!! FOOT DOCTOR DOES NOT COUNT!
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
B. Answer (CPLR 2101)
If a arty 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
D. (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
D. (CPLR 2101)
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 (CPLR 2103)
Service of papers upon an attorney can be made by any of the following methods, except: A. By elect. Means upon party’ 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.
C. (CPLR 2103)
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.(CPLR 2105)
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
D.. (CPLR 2104)
CPLR 2212 Generally, MOTION ON NOTICE IN A SUPREME COURT ACTION shall be noticed to e heard in the judicial district where the action is triable or ___________.
In a county adjoining the county where the action is triable
CPLR 2212 Ex party motion in Supreme Court action shall be made at motion part or justice out of court in _________
Any county within the state
CPLR 2214 A motion must be served at least ________days before time notice to be heard.
8 (the answering affidavit must be served at least 2 days before
CPLR 2214 If motion is at least 12 days before, answer must be served ______ days before if motion specifies.
7 days (and answering affidavits 1 day before)
CPLR 2215 A cross motion must be served at least ______ days before time motion is noticed to be heard.
3
CPLR 2217 Any motion MAY/SHALL be referred, to a judge who decided a prior motion in the action.
MAY
CPLR 2219 Order deciding a final remedy must be made within _______days after motion is submitted for decision.
60