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CPLR - FUTURE CLERK 2023: THE CLERKENING > CPLR ART 12 > Flashcards

CPLR ART 12 Flashcards

1
Q

ARTICLE 12 INFANTS, INCOMPETENTS, AND CONSERVATEES:

General info: An infant is someone who has not attained the age of ___________

A

EIGHTEEN (18) YEARS

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2
Q

1201- Representation of infant, incompetent Person, or Conservatee

Unless the court appoints a ___________ , then the infant is to appear by Guardian of his property, if there is no such guardian, then his parents having legal custody if they are living, if not, then whoever has legal custody.

A

Guardian Ad litem

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3
Q

1201- Representation of infant, incompetent Person, or Conservatee

lf the infant is married then they will appear by the __________ residing with the infant

A

adult spouse

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4
Q

1201- Representation of infant, incompetent Person, or Conservatee

Incompetents are represented by __________ of their property

A

committee

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5
Q

1201- Representation of infant, incompetent Person, or Conservatee

Conservatees shall appear by __________ of their property

A

conservator

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6
Q

1201- Representation of infant, incompetent Person, or Conservatee

(Bard) An infant, incompetent, or conservatee shall appear by their _________ if they have no other legal representative

A

guardian ad litem

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7
Q

1202- **Appointment of Guardian Ad litem*

This is done by the court on its own motion at any stage of an action which is triable, or upon the motion of:

    1. An infant party himself if over the age of __________
    1. A __________, _________ or a guardian, committee of the property or conservator
    1. Any other party to the action if a motion has not been made by 1 or 2 above within ________ of completion of service
A

Fourteen (14)……….relative….. Friend……. TEN (10 )DAYS

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8
Q

1202- **Appointment of Guardian Ad litem*

Notice of motion of the appointment of the guardian ad litem shall be served on the guardian of his property, committee, or conservator or upon whom they reside if no such representative exists.
Also served on the infant themselves if they are over the age of ___________ and have not been declared to be incompetent

A

FOURTEEN (14)

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9
Q

1202- **Appointment of Guardian Ad litem*

Written consent by the proposed _________ must be submitted to the court before an order of appointment can be effective

A

Guardian Ad litem

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10
Q

1203- Default Judgment

No default judgment can be entered against infant or incompetent until his representative has appeared in the action or at least ____________ have passed since the appointment of Guardian Ad litem

A

TWENTY(20)DAYS

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11
Q

1203- Default Judgment

No default judgment may be entered against an adult incapable of inadequately protecting his rights for whom a guardian ad litem has been appointed unless __________ have expired since the appointment.

A

TWENTY (20) DAYS

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12
Q

1204- Compensation of Guardian Ad Litem

A Guardian ad litem can receive reasonable compensation for their services upon filing an _______________

A

Affidavit of services rendered

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13
Q

1205- Liability for Costs

Infant, incompetent or conservatees shall not be responsible for costs unless _____________ otherwise

A

the court orders

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14
Q

1206- Disposition of Proceeds

Any property the infant, incompetent or conservatees may be entitled to after costs and disbursements must be paid to the GUARDIAN of his property, committee, or conservator to be held for the use of the infant, incompetent, or conservatee

EXCEPT:

    1. ln the case of an infant who is married and resides with an ____________ - the money is held by such spouse
    1. If the value of the property does not exceed ___________ the court may order it distributed to a person who resides with or has an interest in the welfare of the infant, incompetent, or conservatee and held for their use and benefit.
A

adult spouse………… $10,000,

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15
Q

1206- Disposition of Proceeds

(Bard) The court may order that money be deposited in a bank, trust company, savings bank, credit union, or insured savings and loan association, or it may order that a structured settlement agreement be executed.

A

1206- Disposition of Proceeds

(Bard) The court may order that money be deposited in a bank, trust company, savings bank, credit union, or insured savings and loan association, or it may order that a structured settlement agreement be executed.

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16
Q

1206- Disposition of Proceeds

No money shall be held from an infant who has obtained the age of _________ unless a court order specifically states to withhold it.

Any order made prior to September 1, 1974 directing payment to be made to infant without further court order upon reaching the age of 21 shall be deemed to designate the age of 18 years

A

18

17
Q

1207- Settlement of Action or Claim:

Upon motion of the guardian of the property, parent having legal custody, spouse of infant, committee or conservator, a motion can be made for ___________ commenced by infant, incompetent, or conservatee.

If no action has been commenced yet, then a SPECIAL PROCEEDING may be commenced for such relief by filing a PETITION

An order on such motion shall have the effect of _____________

A

settlement of an action …… a judgment

18
Q

1207- Settlement of Action or Claim:

lf no justice of the Supreme court is available in the county, then the settlement will go before a __________________ who will have the same power as a Justice of the Supreme Court even if it exceeds the jurisdictional limits of _____________

A

County Judge in County Court ……. County court.

19
Q

1207- Settlement of Action or Claim:

  • An order on a motion for settlement of an action commenced by infant, incompetent, or conservatee shall have the effect of a ___________
  • Such order, or the judgment in a special proceeding, shall be entered without costs and shall approve the fee for the infant’s, incompetent’s or conservatee’s ___________ if any
A

judgment………….. attorney,

20
Q

1208- Settlement Procedure

An affidavit by the representative of the infant or incompetent’s representative shall include:

    1. Who they are as representative, names, residence and relationship
    1. infant’s or incompetent’s pedigree info, ex. Name, age
    1. Circumstances giving rise to the action, etc… etc…
    1. The nature and extent of damages
      (and the name of each physician who attended or treated the infant or incompetent or who was consulted, the medical expenses, the period of disability, the amount of wages lost, and the present physical condition of the infant or incompetent;)
    1. The terms of the settlement
    1. The facts surrounding any other motion pertaining to the same claim
    1. Any reimbursement received
    1. Any other claims submitted by family members from the same cause of action
A

1208- Settlement Procedure

An affidavit by the representative of the infant or incompetent’s representative shall include:

    1. Who they are as representative, names, residence and relationship
    1. infant’s or incompetent’s pedigree info, ex. Name, age
    1. Circumstances giving rise to the action, etc… etc…
    1. The nature and extent of damages
      (and the name of each physician who attended or treated the infant or incompetent or who was consulted, the medical expenses, the period of disability, the amount of wages lost, and the present physical condition of the infant or incompetent;)
    1. The terms of the settlement
    1. The facts surrounding any other motion pertaining to the same claim
    1. Any reimbursement received
    1. Any other claims submitted by family members from the same cause of action`
21
Q

1208- Settlement Procedure

An affidavit by the attorney shall include:

    1. His reasons for recommending the ___________
    1. That he has no involvement in the opposing party’s ________
    1. The services rendered by him
A

settlement….. interests

22
Q

1208- Settlement Procedure

During the settlement procedure, Medical or hospital reports shall be included in the supporting papers
They need not be ____________

A

verified

23
Q

1208- Settlement Procedure

Appearance before court.

  • On the hearing, the moving party or petitioner, the infant or incompetent, and his attorney shall attend before the court unless attendance is excused for good cause.
A

1208- Settlement Procedure

Appearance before court.

  • On the hearing, the moving party or petitioner, the infant or incompetent, and his attorney shall attend before the court unless attendance is excused for good cause.
24
Q

1208- Settlement Procedure

***If an infant is not represented by an Attorney, then the papers for settlement may be prepared by the ______________ or _________________ **

A

adverse attorney or an adverse party

25
Q

1209- Arbitration of Controversy+

No controversy involving infant, incompetent, or conservatees shall be sent to _______________ except pursuant to court order

A

Arbitration

26
Q

1210- Guardian of infants

Petition for appointment of a Guardian may be made by:

    1. The infant, if they are the age of __________ or more
    1. _________ or _________ of the infant
A

FOURTEEN (14)……. Relative or Friend

27
Q

1210- Guardian of infants

  • lf the infant is over the age of ____________ the court SHALL examine him for his voluntary nomination or for preference for suitable Guardian.
  • lf the infant is under FOURTEEN (14) _________ must appoint suitable Guardian
A

FOURTEEN (14) ….. the court

28
Q

1210- Guardian of infants

The court SHALL make an order requiring an ___________ in an amount according to the Surrogate’s Court Procedure Act

A

UNDERTAKING

29
Q

1210- Guardian of infants

Upon appointment of a Guardian, the Guardian SHALL file a certified copy of the order of appointment with the Clerk of the __________________ of the county of Appointment

A

Surrogate’s Court

30
Q

1211- Allowance of infants Support

A petition being made for the allowance of an infant’s support, maintenance or education shall be made in ______________, ____________, or _____________ court and must set forth:

  1. The amount of the infant’s property or income, where situated and how invested
  2. Whether parents are alive or, if not, anyone else supporting them, and their ability to support the infant
  3. Whether previous orders asking for some of the money has been made
A

Supreme, County or Surrogates

31
Q

1211- Allowance of infants Support

Such notice of this request for the allowance of an infant’s support, maintenance or education SHALL be given to:

  • The ____________ of the property if they are not the petitioner making the request
  • (NEW) all ___________ and guardians of the infant;
  • The infant if over ________________
A

Guardian ………… parents……….. FOURTEEN (14) YEARS

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

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