CPLR 22- 31 Flashcards by Steve Blank

CPLR 2211 A motion on notice is made when the motion or order to show cause is _____.

served

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CPLR 2212 Generally, motion on notice in a supreme court action shall be noticed to be heard in the judicial district where the action is triable or ________.

in a county adjoining the county where the action is triable

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CPLR 2212 Ex-parte motion in supreme court action shall be made at motion part or justice out of court in _______.

any county within the state

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

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

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

MAY

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

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

false (its 20 days)

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

Shall

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

True

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CPLR 2221 A motion for leave to reargue shall be made within ___ days after service of copy of order and written notice of its entry.

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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.

true

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CPLR 2221 T/F? A combined motion to reargue and motion for leave to renew may not be made.

false

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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

C. served

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A motion on notice in an 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 adjoining county where the action is triable
C. both A and B
D. neither A nor B

C. both A and B (in the judicial district where the action is triable and in any county adjoining county where the action is triable

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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

C. assistant attorney general

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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

C. serving a copy of the order

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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 and 3
B. 1 and 2
C. 1 and 3
D. 2 and 3

B. 1 and 2 ( time and place of hearing on motion and supporting papers upon which motion is based

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

clerk of the court
judge (where there is no clerk)
attorney general
an arbitrator
a referee
attorney of record for party to an action, administrative proceeding or arbitration
member of a board, commission, or committee, authorized by law

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CPLR 2302 To compel attendance of a person confined in a penitentiary, a _______ subpoena is required.

court-ordered

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CPLR 2303 A subpoena shall be served in the same manner as a __________

Summons

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CPLR 2303 T/F? A child support subpoena may be served by regular mail.

True

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

False

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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 _________

family court judge

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

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

24 hours

CPLR 2308 To compel compliance with a non-judicial subpoena not returnable in a court, motion may be made in ___ court.

supreme

CPLR 2309 T/F? A clerk is authorized to administer an oath to jurors.

True

Which of the following is not correct? A. a subpoena requires the attendance of person to give testimony B. subpoena duces tecum 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.

c. A subpoena cannot be issued without a court order (CPLR 2301-2303

``` Which of following my 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 and 2 B. 1 and 3 C. 1 D. 1, 2, and 3 ```

D. 1, 2 and 3 (1. clerk of the court, and an arbitrator. 2. judge, and attorney general. 3. an attorney of record for party in an action) CPLR 2302

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. to compel attendance of an incarcerated person (CPLR 2302)

``` 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 B. 2 C. 3 D. 7 ```

C. 3 (CPLR 2306)

``` 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. 1 day B. 3 days C. 24 hrs D. 72 hrs ```

C. 24 hrs (CPLR 2307)

CPLR 3011 The 3 pleadings relating to actions are: _____ _____ _____

Complaint, Answer, Reply (C-A-R)

CPLR 3011 A defendant's pleading against someone not already a party is _______.

third party complaint

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

20 days

``` 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 ```

C. any officer of the corporation (CPLR 3020)

``` Where a motion to correct a pleading is denied, service of a responsive pleading 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 ```

C. service of notice of entry of order (CPLR 3024)

``` 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 ```

B. before or after judgment (CPLR 3025)

``` 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 ```

C. cross-claim and reply (CPLR 3011)

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. that the party is a corporation (CPLR 3015)

``` A bill of particulars must be served within 30 days of A. service of summons B. service of a summons and complaint C. demand to arbitrate D. demand for bill of particulars ```

D. demand for bill of particulars (CPLR 3042)

CPLR 3211 The court may treat a motion to dismiss a cause of action or defense as one for summary judgment and (MAY or MUST) order immediate trial on issues raised in the motion.

May

CPLR 3211 Service of motion to dismiss before service of a responsive pleading extends the time to serve the pleading until: ___ days after service of notice of entry of the order.

CPLR 3212 After joinder of issue, a party may move for summary judgment up to a date set by the court (not earlier than ____ days after filing the note of issue)

CPLR 3211 After joinder of issue, if no final date to move summary judgment is set by the court, such motion cannot be made later than: __ days filing of the note of issue (except with leave of the court.)

120 days

CPLR 3212 Court MAY/SHALL grant motion to dismiss if papers and proof so warrant as a matter of law.

SHALL

CPLR 3212 Court MAY/SHALL deny motion to dismiss if papers and proof require a trial of any issue of any fact

SHALL

CPLR 3212 Court MAY/SHALL grant summary judgment (without the necessity of a cross-motion) to other than moving party if it appears that such party is entitled to such judgment

MAY

CPLR 3212 Court MAY/SHALL order immediate trial of any issue of fact raised by the motion, before a referee, the court, or court and jury

may

CPLR 3212 A motion for summary judgment in lieu of complaint may be made in an action based upon: (2 instances) ________________

an instrument for the payment of money only, or upon any judgment

CPLR 3212 The minimum time that a motion for summary judgment in lieu of complaint shall be noticed to be heard is 20 days after service, if by personal delivery, or: __ days after service is complete, if by other than personal delivery.

CPLR 3215 After default by defendant, where claim is for a sum certain, plaintiff may make application to clerk for judgment within ___ after default.

1 year

CPLR 3215 If plaintiff fails to proceed to trial or judge orders a dismissal for any other neglect to proceed, the defendant may make application for a judgment to the clerk within: ___ after default

1 year

CPLR 3215 If plaintiff fails to ask for default judgment within: ______ after default, the court shall dismiss the complaint as abandoned on its own initiative or on motion.

1 year

Any party asserting a claim may discontinue it without an order by stipulation among parties filed with the clerk or by serving notice of discontinuance on all parties before a responsive pleading is served or within:_____ days after service of pleading asserting the claim, whichever is earlier.

20 days

CPLR 3218 T/F? A judgment by confession may be entered after the defendant's death

False

CPLR 3219-3221 A tender, and an offer to liquidate damages conditionally, and a offer to compromise may be made not later than: ____ days before trial.

10 days

``` Service of motion to dismiss before service of a responsive pleading extends the time to serve the pleading until ________ days after service of the notice of entry of the order. A. 10 B. 20 C. 30 D. 45 ```

A 10 (CPLR 3211)

``` An offer to compromise (enter judgment) may be made at any time not later than: __ days before trial. A. 10 B. 20 C. 30 D. 50 ```

A. 10 (CPLR 3221)