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VJC Resources 2023 > CPLR 21 Thru 23 > Flashcards

CPLR 21 Thru 23 Flashcards

1
Q

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

A

8 and 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- Note 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 stop 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 21a- papers may be mailed by plaintiff)

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9
Q

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

A

5 days

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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

Who may file an affirmation instead of an affidavit?(CPLR 2106)

A

A P O D
Attorney, Physician, Osteopath, Dentist
DO NOT FALL FOR PODIATRIST!! FOOT DOCTOR DOES NOT COUNT!

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14
Q

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. Answer (CPLR 2101)

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15
Q

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

A

D. (CPLR 2101)

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16
Q

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. (CPLR 2101)

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17
Q

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 (CPLR 2103)

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18
Q

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.

A

C. (CPLR 2103)

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19
Q

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.(CPLR 2105)

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20
Q

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.. (CPLR 2104)

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21
Q

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 ___________.

A

In a county adjoining the county where the action is triable

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22
Q

CPLR 2212 Ex party motion in Supreme Court action shall be made at motion part or justice out of court in _________

A

Any county within the state

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23
Q

CPLR 2214 A motion must be served at least ________days before time notice to be heard.

A

8 (the answering affidavit must be served at least 2 days before

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24
Q

CPLR 2214 If motion is at least 12 days before, answer must be served ______ days before if motion specifies.

A

7 days (and answering affidavits 1 day before)

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25
Q

CPLR 2215 A cross motion must be served at least ______ days before time motion is noticed to be heard.

A

3

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26
Q

CPLR 2217 Any motion MAY/SHALL be referred, to a judge who decided a prior motion in the action.

A

MAY

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27
Q

CPLR 2219 Order deciding a final remedy must be made within _______days after motion is submitted for decision.

A

60

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28
Q

CPLR 2219 T/F? An order determining a motion relating to a provisional remedy shall be made within 30 days after the order is submitted for decision.

A

False (20 days)

29
Q

CPLR 2221 Generally, a motion affecting a prior order MAY/SHALL be made to the judge who signed the order.

A

Shall

30
Q

CPLR 2221 T/F? A motion for leave to reargue shall not contain any new facts.

A

True

31
Q

CLR 2221 A. Motion for leave to reargue shall be made within ______ days after service of copy of order and written notice of its entry.

A

30

32
Q

CPLR 2221 T/F? A motion for leave to renew shall be based on new facts or new law not offered in the prior motion which would change the prior determination.

A

True

33
Q

CPLR 2212 A motion on notice is made when a notice of the motion or order to show cause is:
A. Filed B. Verified C. Served D. Exemplified

A

C

34
Q

Choose the best answer. A motion on notice in a action in the Supreme Court shall be noticed to be heard: A. In the judicial district where the action is triable.
B. In any county adjoins county where the action is triable.
C. Both A and B
D. Neither A nor B

A

C (CPLR 2212)

35
Q

A. Motion in an action in Supreme Court that may be made without notice may be made at:
A. A motion term in any county in the state
B. A justice out of court in any county in the state
C. Neither A nor B
D. Either A or B

A

D (CPLR 2212 (b) & (c)

36
Q

A notice of motion and supporting affidavits shall be served at least _______ days before time at which motion is scheduled and answering affidavits must be served at least _____ days before such time.
A. 2…..1 B. 3…..1 C. 7….1 D. 8……2

A

D (CPLR 2214(b))

37
Q

If notice of motion is served at least _____days before hearing time and notice so demands, answering affidavits must be served at least ____ days before hearing time.
A. 3…..1 B. 5….3 C. 12….7 D. 8….3

A

C (CPLR 2214(b))

38
Q

Order to show cause against a body or officer in addition to being served on respondent must also be served on :
A. Mayor’s office
B. Office of the comptroller
C. Assistant attorney general.
D. None of the above.

A

C. (CPLR 2214(d))

39
Q

An order determining a motion relating to a _______remedy shall be made within _____ days after motion is submitted for decision.
A. Final …… 10 days. B. Provisional ……20 days
C. Final ….30 days. D. Temporary …. 60 days

A

B (CPLR 2220)

40
Q

Service of an order shall be made by:
A. Serving the original order.
B. Serving the original order and one copy.
C. Serving a copy of the order.
D. None of the above.

A

C (CPLR 2220)

41
Q

A motion on notice must specify: 1. Time and place of hearing on motion. 2. Supporting papers upon which motion is based. 3. History of the case
A. 1, 2 & 3 B. 1 & 2 only C. 1 & 3 only D. 2 & 3 only

A

B (CPLR 2214)

42
Q

Which of following is not correct? Order on motion made on supporting papers must be in writing and have:
A. Signature or initials of clerk who made order
B. Name of court and name and place where signed.
C. Recitation of the papers used in the motion
D. Determination or direction, as judge deem proper.

A

A (CPLR 2219)

43
Q

Which of the following 2 statements are correct? A motion to reargue: 1. Shall be identified specifically as a motion to reargue, 2. Shall be based on new fact or new law not offered in prior motion which would change prior determination.
A. 1 only B. 2 only C. Both 1 & 2 D. Neither 1 nor 2

A

A (CPLR 2221)

44
Q

CPLR 2301 A subpoena for records is called a _________

A

Subpoena duces tecum

45
Q

CPLR 2302 A subpoena may be issued without a court order by: _________(list 7)

A
  1. Clerk of the court, 2. Judge (where there is not clerk), 3. Attorney general, 4. An arbitrator, 5. A referee 6. Attorney of record for party to an action, administrative proceeding or arbitration 7. Member of a board, commission, or committee, authorized by law
46
Q

CPLR 2302 To compel attendance of a person confined n a penitentiary, a _______subpoena is required.

A

Court-ordered (subpoena shall be made on at least one day’s notice to the person having custody of the record, document or person confined).

47
Q

CLR 2303 A subpoena shall be served in the same manner as a ___________.

A

Summons

48
Q

CPLLR 2303 T/F? A child support subpoena may be served by regular mail,

A

True

49
Q

CPLR 2303 T/F? After a subpoena is served, proof of service must be filed.

A

False Proof of service does not have to be filled in all cases (read section)

50
Q

CPLR 2304 A motion to quash or modify a child support subpoena (section 11-p of the social services law) may be made to a Supreme Court judge or _________

A

Family Court Judge

51
Q

CPLR 2306 A subpoena for hospital records must be served at least _______ day(s) before time stated for production of record.

A

3

52
Q

CPLR 2307 A subpoena for books, papers, etc. from a library, city department, or state must be served at least ________ before time stated for production of records.

A

24 hours

53
Q

CPLR 2308 Three penalties for disobedience of a judicial subpoena are:

A
  1. If witness is a party, court may strike pleadings
  2. Up to $150.00 costs, and
  3. Damages sustained by reason of failure to comply (THE WORSE PUNISHMENT)
54
Q

CPLR 2308 Witness who refuses to answer questions may be jailed for a period of :_______

A

Unspecified period.
Person may be jailed and then brought before court at periodic intervals not more than 90 days until he complies or is otherwise discharged.

55
Q

Which of the following is not correct?
A. A subpoena requires the attendance of person to give testimony
B. Subpoena duces recumbent can require production of books and other things
C. A subpoena cannot be issued without a court order.
D. a subpoena shall be served in same manner as summons.

A

C (CPLR 2301-2303

56
Q

Which of following may issue a subpoena without a court order?
1. Clerk of the court, and an arbitrator 2. Judge, and attorney general 3. An attorney of record for party in an action.
A. 1 & 2 only B. 1 & 3 only C. 1 only D. 1, 2 & 3

A

D (CPLR 2302)

57
Q

For which of the following must a subpoena be issued by the court?
A. To compel attendance of an incarcerated person
B. For the original of a record
C. To compel the attendance of a person’
D. None of the above

A

A (CPLR 2302)

58
Q

A subpoena for hospital records, medical records of department or bureau of a municipal corporation or of the state, must be served at least ______day(s) before time fixed for production of records.
A. 1 day B. 2 days C. 3 days D. 7 days

A

C (CPLR 2306)

59
Q

A subpoena for books, papers, and other things of a library department or bureau of a municipal corporations or of the state shall be served at least ______ before time fixed for production of records.
A. One day B. Three days C. 24 hrs D. 72 hrs

A

C (CPLR 2307)

60
Q

Failure to comply with a judicial subpoena can result in all of following, except:
A. Punishment for contempt of court
B. $150.00 plus damages to aggrieved party
C. Arrest on a warrant issued by the court.
D. Return of witness fee

A

D (CPLR 2308)

61
Q

CPLR 3011 The 3 pleadings relating to actions are:

A

Complaint, Answer, Reply

62
Q

CPLR 3011 A defendant’s pleading against someone not already a party is ________

A

Third party complaint

63
Q

CPLR 3012 Service of a complaint after service of the summons extends the time to answer to _____ days after service of the complaint

A

20 days

64
Q

Generally, where party is a domestic corporation, pleading by corporation must be verified by:’
A. The attorney for the corporation B. any employee of the corporation
C. Any officer of the corporation D. None of the above

A

C (CPLR 3020

65
Q

Where a motion to correct a pleading is denied, service of a responsive pending must be done within 10 days after
A. Motion is denied B. Order is entered
C. Service of notice of entry of order. D. Demand for a responsive pleading.

A

C (CPLR 3024)

66
Q

The court may permit a party to amend pleadings to conform to the evidence:
A. Only before trial commences, B. Before or after judgment
C. Only before judgment. D. None of the above

A

B (CPLR 3025)

67
Q

Which of the following choices does not correctly pair a pleading with its responsive pleading?
A. Complaint and answer B. Counterclaim and reply
C. Cross-claim and reply D. Interpleader complaint and answer

A

C (CPLR 3011)

68
Q

Choose the best answer. If a party is a corporation, a complaint must state:
A. That the party is a corporation
B. The state, country or government by whose laws it was created.
C. Both A and B.
D. The name of the president of the corporation

A

A (CPLR 3015)

69
Q

A bill of particulars must be served with 30 days of
A. Service of summons B. Service of summons and complaint D. Demand to arbitrate
D. Demand for bill of particulars

A

D (CPLR 3042)

VJC Resources 2023 (6 decks)

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