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CPLR - FUTURE CLERK 2023: THE CLERKENING > CPLR 63A Volume 1 > Flashcards

CPLR 63A Volume 1 Flashcards

1
Q

6340 Definitions

  1. ‘Extreme risk protection order” is a court-issued ___________ which prohibits a person from purchasing, possessing, or attempting to purchase or possess a firearm, rifle, or shotgun.
A

order of protection

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2
Q

6340 Definitions

For the purposes of these flashcards, Firearms shall mean “Firearms, rifles, and shotguns”

A

6340 Definitions

For the purposes of these flashcards, Firearms shall mean “Firearms, rifles, and shotguns”

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3
Q

6340 Definitions

  1. “Petitioner’ is

(a) a __________________ (CPL 1.20). or DA with jurisdiction in county or city where person against whom order is sought resides,

A

police officer

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4
Q

6340 Definitions

  1. “Petitioner’ is

(b) a family or ____________ member (SSL 459-a sub 2) of person whom order is sought,

A

household

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5
Q

6340 Definitions

  1. “Petitioner’ is

(c) a school administrator (Ed Law 1125) or a school administrator’s designee, of any school in which person against whom order is sought is enrolled or has been enrolled in _____________ immediately preceding filing of petition, or

A

6 months

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6
Q

6340 Definitions

  1. “Petitioner’ is

Any of the following who has treated person against whom an order is sought in the _______________ immediately preceding filing of petition:

- a licensed physician,
- licensed psychiatrist,
- licensed psychologist,
- registered nurse,
- licensed clinical social worker, 
- certified clinical nurse specialist, 
- certified nurse practitioner, 
- licensed clinical marriage, and family therapist, 
- registered professional nurse, 
- licensed master social worker or 
- licensed mental health counselor
A

6 months

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7
Q

6340 Definitions

A school administrator’s designee shall be employed at _________ as school administrator and shall be any of following who has been designated in writing to file a petition with respect to person against whom order is sought a school teacher, school guidance counselor, school psychologist, school social worker, school nurse, or other school personnel required to hold a teaching or administrative license or certificate, and full or part-time compensated school employee required to hold a temporary coaching license or professional coaching certificate

A

same school

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8
Q

6340 Definitions

  1. “Respondent” means person against whom an extreme risk protection order is or may be sought under this article.
A

6340 Definitions

  1. “Respondent” means person against whom an extreme risk protection order is or may be sought under this article.
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9
Q

6340 Definitions

  1. “Possess” shall have the same meaning as defined in subdivision eight of section 10.00 of penal law.
A

6340 Definitions

  1. “Possess” shall have the same meaning as defined in subdivision eight of section 10.00 of penal law.
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10
Q

6341 Application for an extreme risk protection order

  • A petitioner may file an application, which shall be _________ and accompanying supporting documentation, setting forth facts and circumstances justifying issuance of an extreme risk protection order.
  • Provided, however, that a petitioner who is a police officer or DA shall file such application on receipt of credible information that an individual is likely to engage in conduct that would result in serious harm to themselves or others, unless such police officer or DA determines that there is no probable cause for such filing.
  • Such application and supporting documentation shall be filed in ___________ court in the county in which respondent resides.
A

Sworn,. supreme

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11
Q

6341 Application for an extreme risk protection order

______________ shall adopt forms that may be used for purposes of such applications and court’s consideration of such applications.

A

Chief administrator of courts

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12
Q

6341 Application for an extreme risk protection order

Such application form shall include inquiry as to whether petitioner knows, or has reason to believe, that respondent owns, possesses, or has access to a firearm and if so, a request that petitioner list or describe such firearms,, and respective locations thereof, with as much specificity as possible.

A

6341 Application for an extreme risk protection order

Such application form shall include inquiry as to whether petitioner knows, or has reason to believe, that respondent owns, possesses, or has access to a firearm, rifle, or shotgun and if so, a request that petitioner list or describe such firearms, rifles and shotguns, and respective locations thereof, with as much specificity as possible.

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13
Q

6342 Issuance of a temporary extreme risk protection order

  1. Upon application of petitioner, court may issue a temporary extreme risk protection order, _______ or otherwise, to prohibit respondent from purchasing, possessing, or attempting to purchase or possess a firearm, on a finding that there is probable cause to believe respondent is likely to engage in conduct that would result in serious harm to himself, herself, or others,
    Such application for a temporary order shall be determined in writing on ___________ the application is filed.
A

Ex-parte………. the same day

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14
Q

6342 Issuance of a temporary extreme risk protection order

  1. In determining whether grounds for a temporary extreme risk protection order exist, court shall consider any relevant factors including, but not limited to, following acts of respondent:

(a) a threat or act of violence or use of physical force directed toward self, petitioner, or another person,
(b) a violation or alleged violation of an order of protection,
(c) any pending charge or conviction for an offense involving use of a weapon,
(d) reckless use, display or brandishing of a firearm, rifle, or shotgun,
(e) any history of a violation of an extreme risk protection order,
(f) evidence of recent or ongoing abuse of controlled substances or alcohol, or
(g) evidence of recent acquisition of a firearm, rifle, shotgun or other deadly weapon or dangerous instrument, or any ammunition therefor.

A

6342 Issuance of a temporary extreme risk protection order

  1. In determining whether grounds for a temporary extreme risk protection order exist, court shall consider any relevant factors including, but not limited to, following acts of respondent:

(a) a threat or act of violence or use of physical force directed toward self, petitioner, or another person,
(b) a violation or alleged violation of an order of protection,
(c) any pending charge or conviction for an offense involving use of a weapon,
(d) reckless use, display or brandishing of a firearm, rifle, or shotgun,
(e) any history of a violation of an extreme risk protection order,
(f) evidence of recent or ongoing abuse of controlled substances or alcohol, or
(g) evidence of recent acquisition of a firearm, rifle, shotgun or other deadly weapon or dangerous instrument, or any ammunition therefor.

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15
Q

6342 Issuance of a temporary extreme risk protection order

In considering factors under this subdivision, court shall consider time that has elapsed since occurrence of such act or acts and age of person at time of occurrence of such act or acts.

For purposes of this subdivision, “recent” means within ___________ prior to date the petition was filed.

A

6 months

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16
Q

6342 Issuance of a temporary extreme risk protection order

  1. Application of petitioner and supporting documentation, if any, shall set forth factual basis for request and probable cause for issuance of a temporary order.
    Court may conduct an examination under oath of petitioner and any witness petitioner may produce.
A

6342 Issuance of a temporary extreme risk protection order

  1. Application of petitioner and supporting documentation, if any, shall set forth factual basis for request and probable cause for issuance of a temporary order.
    Court may conduct an examination under oath of petitioner and any witness petitioner may produce.
17
Q

6342 Issuance of a temporary extreme risk protection order

  1. A temporary extreme risk protection order, if warranted, shall issue in writing, and shall include:

(a) a statement of grounds found for issuance of order,
(b) date and time order expires,
(c) address of court that issued order,
(d) a statement to respondent:

  • (i) directing that respondent may not purchase, possess, or attempt to purchase or possess a firearm, rifle, or shotgun while order is in effect and that any firearm, rifle or shotgun possessed by such respondent shall be promptly surrendered to any authorized law enforcement official in same manner as set forth in CPL 530.14 sub 5.,
  • (ii) informing respondent that court will hold a hearing no sooner than 3 nor more than 6 business days after service of temporary order, to determine whether a final extreme risk protection order will be issued and date, the time and location of such hearing, provided that respondent shall be entitled to more than 6 days on request in order to prepare for hearing, and
    (iii) informing respondent he or she may seek advice of an attorney and that an attorney should be consulted promptly, and
  • (e) a form to be completed and executed by respondent at time of service of temporary extreme risk protection order which elicits a list of all firearms, rifles and shotguns possessed by respondent and particular location of each firearm, rifle or shotgun listed.
A

6342 Issuance of a temporary extreme risk protection order

  1. A temporary extreme risk protection order, if warranted, shall issue in writing, and shall include:

(a) a statement of grounds found for issuance of order,
(b) date and time order expires,
(c) address of court that issued order,
(d) a statement to respondent:

  • (i) directing that respondent may not purchase, possess, or attempt to purchase or possess a firearm, rifle, or shotgun while order is in effect and that any firearm, rifle or shotgun possessed by such respondent shall be promptly surrendered to any authorized law enforcement official in same manner as set forth in CPL 530.14 sub 5.,
  • (ii) informing respondent that court will hold a hearing no sooner than 3 nor more than 6 business days after service of temporary order, to determine whether a final extreme risk protection order will be issued and date, the time and location of such hearing, provided that respondent shall be entitled to more than 6 days on request in order to prepare for hearing, and
    (iii) informing respondent he or she may seek advice of an attorney and that an attorney should be consulted promptly, and
  • (e) a form to be completed and executed by respondent at time of service of temporary extreme risk protection order which elicits a list of all firearms, rifles and shotguns possessed by respondent and particular location of each firearm, rifle or shotgun listed.
18
Q

6342 Issuance of a temporary extreme risk protection order

  1. If application for a temporary extreme risk protection order is not granted, court shall notify petitioner and, unless application is voluntarily withdrawn by petitioner, nonetheless schedule a hearing on application for a final extreme risk protection order.
  • Such hearing shall be scheduled to be held promptly, but in any event no later than __________ after the date on which such application is served on respondent, provided, however, that respondent may request, and court may grant, additional time to allow respondent to prepare for hearing.
  • A notice of such hearing shall be prepared by court and shall include date and time of hearing, address of court, and subject of hearing.
A

10 business days

19
Q

6342 Issuance of a temporary extreme risk protection order

(a) (BARD) The court must promptly serve a copy of the following documents on the respondent:

  • Temporary extreme risk protection order (ERPO), if granted
  • Application for temporary ERPO (if applicable)
  • Application for ERPO (if not separately applied for or if temporary ERPO was not granted)
  • Any notice of hearing prepared by the court
  • Any associated papers, including petition and supporting documentation
  • The court may redact the petitioner’s address and contact information from these documents if it finds that disclosure would pose an unreasonable risk to the petitioner’s health or safety.

(b) Court shall provide copies of such documents to appropriate law enforcement for prompt service on the respondent.

  • Service shall be at no cost to the ____________or __________ , however the petitioner may voluntarily arrange for service by a third party.
A

petitioner or respondent

20
Q

6342 Issuance of a temporary extreme risk protection order

(a) Court shall notify division of NYS police, any other law enforcement agency with jurisdiction, all applicable licensing officers, and division of criminal justice services of issuance of a temporary extreme risk protection order and provide them with a copy of such order no later than ___________ after issuance.

  • Court also shall promptly notify such persons and agencies and provide a copy of any order amending or revoking such protection order or restoring respondent’s ability to own or possess firearms, rifles, or shotguns no later than___________ after issuing order to restore such right to respondent.
  • Court also shall report such demographic data as required by state division of criminal justice services at time such order is transmitted thereto.
  • Any notice or report submitted pursuant to this sub shall be in an ________________ , in a manner prescribed by DCJS.
A

next business day………. next business day …. electronic format

21
Q

6342 Issuance of a temporary extreme risk protection order

b) Upon receiving notice of issuance of a temporary extreme risk protection order, the division of criminal justice services shall immediately report the existence of such order to __________________ to allow the bureau to identify persons prohibited from purchasing firearms, rifles, or shotguns.
- The division shall also immediately report to bureau expiration of any such protection order, any court order amending or revoking such protection order or restoring respondent’s ability to purchase a firearm, rifle, or shotgun.

A

the federal bureau of investigation

22
Q

6342 Issuance of a temporary extreme risk protection order

  • A law enforcement officer serving a temporary extreme risk protection order shall request that respondent immediately surrender to officer all firearms, rifles and shotguns in respondent’s possession and officer shall conduct any search permitted by law for such firearms.
  • Law enforcement officer shall take possession of firearms, rifles and shotguns surrendered, that are in __________ , or that are discovered pursuant to a lawful search.
  • Court may also direct a police officer to search for firearms, rifles, and shotguns in respondent’s possession in a manner consistent with procedures of CPL690.
A

plain sight

23
Q

6342 Issuance of a temporary extreme risk protection order

Upon issuance of a temporary extreme risk protection order, or on setting a hearing for a final extreme risk protection order where a temporary order is denied or not requested, court shall direct law enforcement agency having jurisdiction to conduct a _____________ and report to court and, subject to any appropriate redactions to protect any person, each party regarding whether respondent:

  • (a) has any prior criminal conviction for an offense involving domestic violence, use of a weapon, or other violence,
  • (b) has any criminal charge or violation currently pending,
  • (c) is currently on parole or probation,
  • (d) possesses any registered firearms, rifles, or shotguns, and
  • (e) has been, or is, subject to any order of protection or has violated or allegedly violated any order of protection.
A

background investigation

CPLR - FUTURE CLERK 2023: THE CLERKENING (58 decks)

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