CPLR 44 Flashcards
CPLR 4401 DURING trial, any party may move for a judgment as a matter of law AFTER the close of the evidence presented by the opposing party, or at any time on the basis of admissions.
T or F?
TRUE
CPLR 4402 The court, on motion of ANY party, may order a CONTINUANCE or a NEW TRIAL in the interest of justice on such terms as may be just at ____ _____ during the trial.
AT ANY TIME DURING THE TRIAL
4403 Motion for a new trial or to confirm or reject the verdict of an advisory jury or the report of a referee to report must be made within ____ days AFTER the verdict or the filing of the report AND prior to further trial in the action.
15 DAYS
CPLR 4404 The court may, on its own motion, or on motion of any party, set aside a verdict or its decision or any judgment entered thereon. T or F?
true
CPLR 4404 AFTER trial by jury, the court may, on its own motion or on motion of any party, set aside a verdict or its decision or any judgment entered thereon. Court may:
1) direct that judgment be entered in favor of a party entitled as a matter of law OR
2) may order a new trial where verdict is contrary to the weight of the evidence, or in the interests of justice, or because jury cannot agree after being kept together for as long as reasonable?
BOTH 1 AND 2
CPLR 4404 After trial by the court, the court may on its own motions, or on motion of any party MAY:
a) set aside its decision or judgment
b) make new findings or conclusions of law, with or without taking additional testimony
c) render a new decision and direct entry of judgment, or order a new trial of a cause of action or separable issue
ALL OF THE ABOVE
CPLR 4405 A post trial motion under this article shall be made before the judge who presided at the trial within ____ days after the decision.
15 DAYS
CPLR 4406 In addition to oral motions immediately after decision, there shall be a maximum of ____ motion(s) by EACH party containing every ground for post-trial relief.
1
