CPLR ART 11 Flashcards
1101- Motion for Permission to Proceed as Poor Person
Persons may upon motion, request of the court where the action is triable or the court to which an appeal has been taken, to proceed as a _____________
poor person
1101- Motion for Permission to Proceed as Poor Person
When the motion is brought to the court in which the appeal has been or will be taken, such court must decide the motion on the merits and not return it to ____________
the trial court
1101- Motion for Permission to Proceed as Poor Person
The person making the motion shall file an affidavit setting forth:
- The amount and sources of his or her income
- A list of his or her property or value
- That he or she is unable to pay the costs
- The nature of the action
- Sufficient facts as to the merit of the contentions
- Whether any person is interested in the recovery sought could pay for such costs
1101- Motion for Permission to Proceed as Poor Person
The person making the motion shall file an affidavit setting forth:
- The amount and sources of his or her income
- A list of his or her property or value
- That he or she is unable to pay the costs
- The nature of the action
- Sufficient facts as to the merit of the contentions
- Whether any person is interested in the recovery sought could pay for such costs
1101- Motion for Permission to Proceed as Poor Person
An executor, administrator or other representative may move for permission on behalf of a ____________. _____________, or _____________ poor person.
infant or incompetent, deceased
1101- Motion for Permission to Proceed as Poor Person
The court may require a certificate to be filed by an attorney as to the __________________
merit of the contentions
1101- Motion for Permission to Proceed as Poor Person
lf the action has already been commenced then a notice of motion shall be served on all parties including the ________________ in the county where the action is triable, or if in NYC then upon ____________________
County Attorney …………… Corporation counsel
1101- Motion for Permission to Proceed as Poor Person
A plaintiff may seek to commence his or her action without the payment of fees by filing a form affidavit indicating they cannot pay the costs of the action.
- If the court approves the application they will send an order to the applicant that all fees are waived
- If the court denies the application, it will send out an order that the case will be dismissed if the appropriate fees are not paid within ___________________ of the date of the order
ONE HUNDRED AND TWENTY (120) DAYS
1101- Motion for Permission to Proceed as Poor Person
When a person is represented by the _____________ or other legal service organization, then it is not necessary to file a motion if such society has made the determination that fees cannot be paid.
The society’s attorneys will have to file _______________ indicating this is the case
When a person or child is represented by a legal aid society or other legal service, if the case ____________, it will be presumed that they shall continue to be eligible for poor person relief
legal aid society………… a certification….. is appealed
1101- Motion for Permission to Proceed as Poor Person
**Fees for INCARCERATED INDIVIDUALS (Formerly inmates): know this!
The incarcerated individual must file a ______________ to proceed with reduced filing fee rates.
form affidavit
1101- Motion for Permission to Proceed as Poor Person
**Fees for INCARCERATED INDIVIDUALS (Formerly inmates): know this!
The court must obtain from the facility where the incarcerated individual is housed or from the central office of the department of corrections, the incarcerated individual’s Trust Fund Account Statement for the last ___________.
{For incarcerated individuals who have been confined for less than 6 months, the court will obtain a trust fund account statement from the central office of the department of corrections and community supervision in Albany if transferred from out of state or the prior or current facility if transferred from a federal or local facility.
The court may also seek further information from the prior or current facility, if they deem it necessary.}
SIX (6) MONTHS.
1101- Motion for Permission to Proceed as Poor Person
**Fees for INCARCERATED INDIVIDUALS (Formerly inmates): know this!
- If the court finds the incarcerated individual does not have the necessary funds to proceed then they will approve the request.
- They may pay a minimum of ______________ but not more than ______________ in filing fees to the court.
- This rule holds true EXCEPT for ARTICLE 78 proceedings by inmates alleging failure to correctly award or certify _____________
FIFTEEN (15)………. FIFTY (50) DOLLARS……. jail time credit
1101- Motion for Permission to Proceed as Poor Person
**Fees for INCARCERATED INDIVIDUALS (Formerly inmates): know this!
(Bard) If an incarcerated individual wins a judgment in excess of the filing fee, the court will award them the filing fee as a ____________
taxable disbursement.
1102- Privileges for poor persons:
The court may assign ____________ in its order allowing a person to proceed as a poor person.
an attorney
1102- Privileges for poor persons:
Stenographic Transcript:
- The court clerk must notify the stenographer when a person is appearing as a poor person within ___________ of receiving the order.
- The stenographer must within _____________ make and certify _____________ transcripts of the stenographic minutes. One for the poor person or his attorney and one for the clerk together with an __________ stating the fact and date of such delivery and filing.
- The expense of such transcripts shall be _________ charge or, in the counties within the city of New York, ________ charge
TWO(2)DAYS…….. TWENTY(20)DAYS ………. TWO(2) typewritten….affidavit….. a county………. a city
1102- Privileges for poor persons:
Poor persons may submit typewritten briefs for their appeal furnishing _____________ legible copy to each of the appellate judges
one (1)
