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VJC Resources Clerks Prep Course - CPLR > CPLR 22- 31 > Flashcards

CPLR 22- 31 Flashcards

1
Q

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

A

served

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2
Q

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 ________.

A

in a county adjoining the county where the action is triable

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3
Q

CPLR 2212 Ex-parte 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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4
Q

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

A

8

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5
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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6
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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7
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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8
Q

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.

A

false (its 20 days)

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9
Q

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

A

Shall

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10
Q

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

A

True

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11
Q

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.

A

30

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12
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

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13
Q

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

A

false

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14
Q 
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. served

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15
Q

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

A

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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16
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. assistant attorney general

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17
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. serving a copy of the order

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18
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 and 3
B. 1 and 2
C. 1 and 3
D. 2 and 3
A

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

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19
Q

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

A
  1. clerk of the court
  2. judge (where there is no 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
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20
Q

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

A

court-ordered

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21
Q

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

A

Summons

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22
Q

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

A

True

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23
Q

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

A

False

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24
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

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25
Q

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

A

3

26
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

27
Q

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

A

supreme

28
Q

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

A

True

29
Q

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.

A

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

30
Q 
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
A

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

31
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. to compel attendance of an incarcerated person (CPLR 2302)

32
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 
B. 2
C. 3 
D. 7
A

C. 3 (CPLR 2306)

33
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. 1 day
B. 3 days
C. 24 hrs
D. 72 hrs
A

C. 24 hrs (CPLR 2307)

34
Q

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

A

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

35
Q

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

A

third party complaint

36
Q

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

A

20 days

37
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. any officer of the corporation (CPLR 3020)

38
Q 
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
A

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

39
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. before or after judgment (CPLR 3025)

40
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. cross-claim and reply (CPLR 3011)

41
Q

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. that the party is a corporation (CPLR 3015)

42
Q 
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
A

D. demand for bill of particulars (CPLR 3042)

43
Q

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.

A

May

44
Q

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.

A

10

45
Q

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)

A

30

46
Q

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.)

A

120 days

47
Q

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

A

SHALL

48
Q

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

A

SHALL

49
Q

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

A

MAY

50
Q

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

A

may

51
Q

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

A

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

52
Q

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.

A

30

53
Q

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

A

1 year

54
Q

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

A

1 year

55
Q

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.

A

1 year

56
Q

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.

A

20 days

57
Q

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

A

False

58
Q

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.

A

10 days

59
Q 
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

A 10 (CPLR 3211)

60
Q 
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

A. 10 (CPLR 3221)

VJC Resources Clerks Prep Course - CPLR (4 decks)

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