CPLR 30

Question 1

(CPLR 3001) A declaratory judgment:
a) can be rendered by any court
b) can be rendered to determine legal rights on a given topic even though there are no parties involved
c) can be rendered to determine the rights and legal relations of the parties to a controversy
d) can be rendered only by an appellate court

Answer 1

c) can be rendered to determine the rights and legal relations of the parties to a controversy

Question 2

(CPLR 3011) Which of the following is a form of pleading? 1. Complaint
2. Answer
3. Reply
4. Answer with cross-claim 5. Bill of particulars
a) 1,2,3
b) 2,3,4,5
c) 1,2,3,4
d) all the above

Answer 2

c) 1,2,3,4

Question 3

(CPLR 3012) Service of a complaint where a summons was served without a complaint shall be made within _______ days after service of the demand for a complaint has been made.
a) 10 b) 20 c) 30 d) 120

Answer 3

b) 20

Question 4

(CPLR 3012) A certificate of merit is/isn’t required in a residential foreclosure action.

Answer 4

IS

Question 5

If a foreign corporation is a party to the action, the answer’s verification is made by:
a) his agent or attorney
b) the corporation’s principal
c) manager of corporation d) CFO of corporation

Answer 5

a) his agent or attorney

Question 6

FILL IN THE BLANK. Pursuant to CLPR 3020, when a party is New York State, a governmental subdivision, board, commission or agency or public officer, the answer’s verification may be made by ______________________.

Answer 6

ANY PERSON ACQUANTED WITH THE FACTS

Question 7

(CPLR 3020) FILL IN THE BLANK. When a party is a domestic corporation, the verification shall be made by ____________________________.

Answer 7

OFFICER OF THE CORPORATION

Question 8

(CPLR 3024) When a motion to correct the pleadings is denied, responsive pleading must be served within 10 days after:
a) order is entered
b) motion is denied
c) demand for responsive pleadings is made d) service of notice of entry of order

Answer 8

d) service of notice of entry of order

Question 9

(CPLR 3024) A motion to correct a pleading shall be served within ________ days after service of the challenged pleading is made. If the motion is denied, responsive pleading shall be served within ___________ days after service of notice of entry of the order.
a) 20; 10 b) 20; 30 c) 7; 14 d) 20; 30

Answer 9

a) 20, 10

Question 10

(CPLR 3025) A party may amend his pleadings once without leave of the court within _____days after its service, or any time before period for responding expires, or within ____ days after service of a pleading responding to it.
a) 30; 20 b) 20; 20 c) 45; 10 d) 45; 20

Answer 10

b) 20; 20

Question 11

CPLR 3025) When may the court allow a party to amend pleadings to conform to the court to the evidence?
a) only before trial starts
b) before or after judgment
c) only before judgment

Answer 11

b) before or after judgment

Question 12

CPLR 3042) A bill of particulars must be served within 30 days of: a) the service of the summons with notice
b) service of summons and complaint
c) demand for arbitration
d) demand for bill of particulars

Answer 12

d) demand for bill of particular