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Court Clerk Exam > CPLR 3 > Flashcards

CPLR 3 Flashcards

1
Q

What commences an action (CPLR 304):

A

Generally, the filing of the summons and complaint (or summons with
notice) (A special proceeding is commenced by the filing of the petition)

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2
Q

The service of a notice of petition commences a special proceeding.
T/F?(CPLR 304):

A

FALSE. Generally, the FILING of the petition commences a special
proceeding.

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3
Q

Filing under Section CPLR 304 means the delivery of the summons with
notice or summons and complaint to the clerk of court. T/F?:

A

FALSE. Definition of “filing” includes payment to the clerk of the required
fee. ALSO, where the court finds that immediate filing can’t be done,
SIGNING by the court of an order requiring filing at specified date & time
within 5 days of signing of the order commences the action.

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4
Q

At the time of the filing the petition and notice of petition, the clerk is
required to date stamp the original papers, but not copies thereof. T/F?
(CPLR 304):

A

FALSE. Clerk must stamp the original AND one copy.

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5
Q

If Filing is by fax, clerk must return a date stamped copy of___________
and the index #. (CPLR 304):

A

The first page of the papers

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6
Q

If filing is by electronic means, clerk must notify filing party of ________ &
date & time of filing. (CPLR 304):

A

Index number

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7
Q

A Summons shall specify: (4 things) (CPLR 305):

A
  1. Basis of venue
  2. Residence of plaintiff (if based on residence)
  3. Index number
  4. Date filed with clerk
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8
Q

In a consumer credit transaction, county of residence of defendant (if w/in
NYS) and county where transaction took place (if w/in the state) must
appear on the summons. T/F? (CPLR 305):

A

TRUE.

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9
Q

A ____________is used to bring a new party into an action. (CPLR 30 5):

A

Supplemental summons

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10
Q

In a Supreme Court case, generally service must be made
within _____ days after filing summons and complaint. (CPLR
306b):

A

120

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11
Q

Personal service on an attorney general may not be made
to assistant attorney general. T/F? (CPLR 307):

A

FALSE. MAY be made to an assistant attorney general within the
state

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12
Q

In service to a person of suitable age and discretion,
mailing must be done within ______days of service to person of
suitable age and discretion. (CPLR 308):

A

20

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13
Q

In nail and mail, filing proof of service must be done within
_____ of nailing or mailing, whichever is done last. (CPLR 308)

A

20

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14
Q

In nail and mail and service to person of suitable age and
discretion, service is complete____ days after filing proof of
service. (CPLR 308)

A

10

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15
Q

An infant of the age of ____ or over must also be served.
(CPLR 309)

A

14

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16
Q

To serve a partnership, who may be served? (CPLR 310)

A

Any partner

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17
Q

A corporation can be served by serving any employee.
T/F? (CPLR 311)

A

FALSE

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18
Q

To serve NYC, you can serve the mayor. T/F? (CPLR 311)

A

FALSE. (can do so in any other city EXCEPT NYC)

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19
Q

If service cannot be made as per the prescribed methods,
service may be made in any manner the court directs. T/F?
(CPLR 310a & 311a)

A

TRUE

20
Q

You need a court order to serve by mail. T/F? (CPLR 312a)

A

FALSE

21
Q

Service by mail can be done by plaintiff or any other
person. T/F?

A

TRUE

22
Q

Answer must be filed within ____ days after signed
acknowledgment is mailed or delivered to sender. (CPLR 312a)

A

20

23
Q

A court order is needed for service by publication. T/F?
(CPLR 316)

A

TRUE.

24
Q

Acknowledgment of receipt must be mailed or delivered
within _____ days of receipt. (CPLR 312a)

A

30

25
Q

Summarize Service by publication requirement. (CPLR 316)
1st Publication shall be made within 30 days after the order is
granted.
-2newspapers, at least 1
-in English language, at least 1in each of 4 consecutive weeks.
-service is complete on 28th day after day of 1st publication
matrimonial actions:
1 newspaper at least once in each of 3 consecutive weeks.
Mailing of summons is also required/ matrimonial actions.
Service complete on the 21st day after publication. A person not
served by personal delivery has up to __ year after he discovers

A

4

26
Q

A person not
served by personal delivery has up to __ year after he discovers default judgment to come in and defend action (but no more
than 5 years after entry of judgment) (CPLR 317)

A

One

27
Q

When summons is served by personal delivery within NYS,
defendant has ___ days after service is complete to answer.
(CPLR 320)

A

20

28
Q

When a summons is served by other than personal
delivery (except 312a), defendant has ___ days after service is
complete to answer. (CPLR 320)

A

30

29
Q

Where the court directs that a new party be joined in the
action and the order is not made upon the new party’s motion, a
summons shall be served upon such party.
A. third party B. interpleader
C. supplemental D. duplicate

A

C (CPLR 305)

30
Q

Which of the following is false: Proof of service may be: 1.
in the form of a certificate, if service was made by sheriff. 2. in
the form of affidavit, if service was made by person. 3. in the
form of affidavit, if service was made by authorized public
officer.
A. 1 and 3 only B. 1 only C. 3 only D. 2 and 3 only

A

C (CPLR 306)

31
Q

If proof of service in an action commenced in supreme or
county court is not filed with the clerk of the court within 120
days after date of filing of the summons and complaint:
A. action will be automatically dismissed. B. defendant may
move for dismissal
C. time to file is automatically extended by 10 days.
D. None of the above.

A

B (CPLR 306-b)

32
Q

Where service is by NAIL AND MAIL or by delivery to person of
suitable age and discretion and then mailing, delivery and mailing
must be done within 20 days of each other. In such cases, service
is complete ____days after filing proof of service is filed with the
clerk.
A. 10
B. 20
C. 30
D. none of the above

A

A (CPLR 308)

33
Q

In personal service upon an infant, if the infant is of the age of
____ or over, the summons shall also be personally served on
the infant.
A. 7
B. 10
C. 14
D. 16

A

C (CPLR 309)

34
Q

Which of following is false? Personal service on partnership
may be made by personally serving summons on: 1. any one of
the partners. 2. the managing agent of partnership, & mailing to
the named partner. 3. the spouse of any one of the partners &
mailing to a partner. 4. person in charge of partnership office in
NYS, and mailing to partner.
A. 1 & 4 only B. 2 only. C. 3 only D. 2 & 3 only

A

C (CPLR 310)

35
Q

A person to whom summons was not personally delivered and
who does not appear may be allowed to defend the action
within_____year(s) after he obtains knowledge of the entry of
judgment. However, the preceding period cannot extend more
than____years after such entry.
A. one…. five
B. four…. seven
C. five…. seven
D. seven…. twenty

A

A (CPLR 317)

36
Q

Which of the following statements are true? A court may
exercise personal jurisdiction over any non-domiciliary, his
executor or administrator who in person or through an agent: 1.
transacts business within NYS or contracts anywhere to supply
goods or services in NYS; or 2. commits a tortious act without
the state (except defamation of character); or 3. owns, uses or
possesses any real property in the state.
A. 1, 2 & 3
B. 1 & 2 only
C. 2 & 3 only
D. 1 & 3 only.

A

D (CPLR 302)

37
Q

Which of the following 2 statements are true? Filing may be
done by facsimile transmission (FAX) or by electronic means
(CPLR 2103 (f)) 1. If filing is by fax, clerk must return date
stamped copy of first page of papers and the index number. 2. If
filing is by electronic means, clerk must notify filing party of
index number, date and time of filing.
A. 1 only B. 2 only C. Both 1 & 2 D. Neither 1 nor 2

A

C (CPLR 304)

38
Q

A summons shall specify: 1. basis of venue designated (and
plaintiff’s address if that is basis of venue) 2. index number3.
date of filing with the clerk of the court
A. 1 & 2 only
C. 1 & 3 only
B. 1, 2 & 3
D. 2 & 3 only

A

B (CPLR 305)

39
Q

A summons in a consumer credit transaction shall: 1.
prominently display at top of the summons the words
“consumer credit transaction,” and 2. specify the county of
residence of the defendant (if defendant lives within NYS), and 3.
specify county where transaction took place, if outside NYS.
A. 1, 2 & 3 B. 1 only C. 1 & 3 only D. 1 & 2 only

A

D (CPLR 305)

40
Q

Which of the following 2 statements are correct? 1. Generally,
proof of service must specify papers served, date, time, and
address of service (if no address, place and manner of service)
and facts showing service was done by an authorized person in
an authorized manner. 2. If service is made by delivery to an
individual, proof of service (affidavit) shall include description of
person-sex, skin color, hair color, approx. age, weight and
height, and other identifying features.
A. 1 only
B. 2 only
C. Both 1 & 2
D. Neither 1 nor 2

A

C (CPLR 306)

41
Q

One method of personal service on a state officer sued in his
official capacity is to deliver the summons to the____________or
designee of the agency.
A. secretary of the agency
B. supervisor of the office
C. person of suitable age & discretion at agency D. chief
executive officer

A

D (CPLR 307)

42
Q

Which is not correct? Personal service on infant may be made
by personally serving summons within NYS:
A. upon a parent or any guardian, or
B. other person having legal custody, or
C. if infant is married, to adult spouse with whom infant resides
or,
D. if none are within NYS, to any teacher at the infant’s school.

A

D (CPLR 309)

43
Q

Which of the following statements, relating to service of
defendant in parenthesis is not correct?
A. (NYC) You can serve mayor or other person designated by

8

him to receive process.
B. (Any city other than NYC) You can serve the mayor,
comptroller, treasurer, counsel, clerk.
C. (County). You can serve chairman or clerk of board of
supervisors, clerk, attorney or treasurer.
D. (Town) You can serve supervisor or clerk

A

A (CPLR 311)

44
Q

Which is false relating to service by publication? Order shall
direct that the following be published:
A. summons and a brief statement of nature of action and relief
sought
B. notice to plaintiff
C. sum of money for which judgment will be taken in case of
default (except in medical malpractice)
D. brief description of real property (if it is subject of litigation)

A

B (CPLR 316)

45
Q

Which of the following statements is not correct?
A. 325 (a) The supreme court, upon motion, can remove a case
from a court where an action was commenced by mistake to the
proper court. B. 325 (b) Upon motion, a court having the
necessary jurisdiction to grant the relief that parties are entitled
to may remove to itself an action in a court which has the
required jurisdiction. C. 325 (c) On consent to a court of limited
jurisdiction (amount of damages demanded is reduced to within
the monetary jurisdiction of the court of limited jurisdiction). D.
325(d) Without consent (at the court’s discretion) to a court of
limited jurisdiction (however, the monetary limit remains that of
the original court).

A

B (CPLR 325)

46
Q

Which of the following statements is not correct?
A. 325(d) Without consent (at the court’s discretion) to a court of
limited jurisdiction (however, the monetary limit remains that of
the original court). B. 325 (e) Upon motion, the supreme court
can remove a case from the supreme court to the surrogate’s
court where a decedent’s estate is not affected. C. 325 (f) If
county judge is incapacitated, supreme court may remove an
action from county court to itself. D. 325 (g) A judge of a county
court may transfer a case from one local court to another in the
same county or adjoining county where it appears that the case
will not be disposed of within a reasonable time due to death,
disability, incapacity of judge-or inability to form a jury.

A

B (CPLR 325)

47
Q

Which of the following statements are false?
A. If an order of removal is made by a court other than the court
where the action is pending, a conformed copy of the order of
removal shall be filed in the court where the action is pending.
B. When the clerk where the action is pending receives the
order, he shall forthwith deliver to other court all papers and
records in the action, and certified copies of all minutes
C. The
receiving clerk shall file, enter & record the papers as required.
D. Subsequent proceedings shall be had in the court to which
the case has been removed as if the action had been originally
commenced there and no process, provisional remedy or other
proceeding taken in the court from which the action was
removed shall be invalid as a result of the removal

A

A (CPLR 326)

Court Clerk Exam (49 decks)

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