CPLR 34 Flashcards
Any party may place a case on the calendar after issue is first joined or after ____ days have passed since service of the summons has been completed. (CPLR 3402)
40 days.
Any party may place a case on the calendar by filing with the clerk two copies of a note of issue and proof of service within ____ days after service upon the other party. (CPLR 3402)
10 days
Unless a preference is granted, civil cases shall be tried in the order in which ____ have been filed. (CPLR 3403)
Notes of Issue
T/F?: Preference shall be granted in any action in which attorney is over the age of 70. (CPLR 3403)
False
Name the 6 trial preferences: (CPLR 3403)
- by or against state, political subdivision of the state.
- where provided by statute.
- in the interests of justice.
- application of party who has reached age of 70 years.
- a medical, dental, or podiatric malpractice case.
- an action in which patient is terminally ill allegedly as a result of defendant.
A case marked off and not restored within ____ shall be deemed abandoned. (CPLR 3404)
1 year. Remember, clerk shall make entry without the necessity of an order.
Notice of medical malpractice action must be filed within ____ days after issue is first joined. (CPLR 3406)
60 days.
Except where a preference is granted, cases shall be tried in the order that: (CPLR 3403)
A. affidavit of service is filed.
B. answer is filed.
C. notes of issue are filed.
D. summons was served.
C. Notes of issue are filed.
Which of the following actions is not entitled to a trial preference? (CPLR 3403)
A. action brought by the state.
B. action where preference is not provided by statute, but plaintiff is 62 years old. C. medical malpractice action or application of party at least 70 years old.
D. action against the state.
B. Action where preference is not provided by statute, but plaintiff is 62 years old.
In supreme and county courts, a case marked off or struck from the calendar and not restored within 1 year shall be deemed (CPLR 3404)
A. active.
B. restored.
C. abandoned.
D. none of the above.
C. abandoned.
Generally, a motion for a preference shall be served with the note of issue by party serving note of issue or by any other party within ____days of such service. (CPLR 3403)
A. 10 days, B. 20 days. C. 30 days. D. 15 days.
A. 10 days.
Irrespective of joinder of issue, a case may be placed on the calendar by either party at least ____ days after service of summons. (CPLR 3402)
A. 10 days. B. 20 days. C. 30 days. D. 40 days.
40 days
A party who brings in a new party must within five days serve upon that party a note of issue. The party bringing in the new party must also file a statement with the clerk and serve upon all other parties who have appeared in the action a statement advising them that: (CPLR 3402)
1. new party has been brought into the action.
2. any change in the title of the action.
3. proof of service of note of issue on new party.
4. proof of service of statement upon all other parties.
A. 1, 2 & 3 only. B. 1, 3 & 4 only. C. 2, 3 & 4 only. D. 1, 2, 3 & 4.
D. 1, 2, 3 & 4.
In personal injury actions involving terminally ill parties whose illness is a result of defendant’s conduct may request an expedited preliminary conference and timetable. Generally: 1. preliminary conference shall be held within 20 days after the filing of the request. 2. discovery is to be completed within 90 days after the preliminary conference. 3. trial is to be commenced within ____ of judge’s order (made at preliminary conference). (CPLR 3407)
A. 6 months. B. 9 months. C. 1 year.
D. 15 months.
C. 1 year
