CPLR Art 20 & 21 Flashcards
2001- Mistakes, Omissions, Defects and irregularities
At any stage of the action the court may permit a mistake, omission, defect or irregularity including the failure to purchase an index number or other mistake in filing to be corrected as long as a substantial right to a party is not ___________ and any required ___________
Prejudiced………… fees are paid. `
2002- Error in Ruling of Court
Errors in court ruling shall be disregarded as long as a substantial right to a party is not ___________
prejudiced
2003- irregularity in Judicial Sale
lf a substantial right of a party was prejudiced due to improper notice, time or manner regarding a court ordered sale, then the court may set aside the sale within ___________ after the sale was made
ONE (1) YEAR
2004- Extensions of Time Generally
At any time the court may _________ the time fixed by statute for doing any act upon good cause shown, including after the expiration of the time fixed for such act
extend
2005- Excusable Delay or Default
Upon application the court shall not be precluded from exercising in its discretion to excuse delay or default resulting from ___________
law office failure
2101- Forms of Papers
All papers must by on 8 ½ X 11 paper except the “TEN SONS”:
- Temporary orders of protection
- Exhibits
- Notice of Appearance
- Subpoenas
- Orders of protection
- Notes of issue
- Summons
I always mix up Notice of Appearance and Notes of Issue when listing the papers, but, to stay consistent, A comes before I, so Notice of APPEARANCE is before Notes of ISSUES.
In the same vein, for SUBPOENAS and Summons, SUB comes before SUM.
Every little bit that becomes muscle memory helps.
2101- Forms of Papers
- Writing shall be legible with _________ ink on ________ paper
- Beneath each signature shall be __________ the name signed
- Each paper except an exhibit, shall be in black ink and in __________ size or _______ for Summons
- Each paper shall be in the English language unless an __________ is attached with translation etc.
Black ……… white ……. printed ……. 10 point …. 12 point… affidavit of translator
2101- Forms of Papers
Each paper shall begin with a caption stating:
- Name of C______
-V _________ of the action - T_______ of the Action
- The N________ of the paper
- The I_______ of the action
the Court…. Venue … Title …… nature….. index number
2101- Forms of Papers
- **All the names of all parties must be on __________, _________, and ________ ***
- All others can have et al. (and others)
SUMMONS, COMPLAINT and JUDGMENT
Remember them as the Three basic filings needed
Here is a hint that works for me: You will often see the name of a Supreme Court Justice written as follows - NAME and then under it, SCJ (for Supreme Court Justice). So, try and imagine that on the page. NAME-SCJ (NAME - SUMMONS, COMPLAINT, JUDGMENT)
2101- Forms of Papers
Each paper served or filed must be endorsed with the name, address and telephone number of the attorney for the party, or the ___________ where there is no attorney
party themselves
2101- Forms of Papers
_______ of papers may be served and filed in lieu of originals unless directed otherwise by the court
Copies
2101- Forms of Papers
- **A defect in the form of a paper shall be ___________ by the court as long as a substantial right of a party is not prejudiced.
- Leave to correct the defect shall be freely given and the party who was served with the defective papers has __________ to return the papers with a statement of objections or the defect will be waived
Disregarded……. FIFTEEN (15) DAYS
This is a good one to know people, it just screams test question, can you hear it?
REJECT THE PAPERS = 15 LETTERS = 15 DAYS
2101- Forms of Papers
Papers filed by electronic means shall be capable of being __________ by the receiver
reproduced
2102- Filing of Papers
Papers shall be filed with the clerk of the court where the action is _________ or with the County Clerk if the action is brought in the __________ or __________ , or in a proceeding not brought in a court
Triable …… Supreme or County Court
2102- Filing of Papers
A clerk (SHALL/SHALL NOT) refuse to accept for filing any paper except where specifically directed to do so by statute, rule of the Chief Administrator of the Courts or order of the court
SHALL NOT
2103- Service of Papers
Papers may be served by any person the age of __________ or over and not a party to the action
EIGHTEEN (18)
2103- Service of Papers
lf a party appears by Attorney, papers shall be served upon Attorney by one of the following ways:
- __________ Delivery
Personal
2103- Service of Papers
lf a party appears by Attorney, papers shall be served upon Attorney by one of the following ways:
- Mailing to the address designated by attorney or last known address;
- ___________ are added to the time prescribed for service when served by mail within the state, and
- __________ are added to the time prescribed for service when served by mail from outside the state but WITHIN the United States
FIVE(5)DAYS …. SIX(6)DAYS
2103- Service of Papers
lf a party appears by Attorney, papers shall be served upon Attorney by one of the following ways:
- lf the law office is open, leaving with _________ at office, or if no one is in charge, then leaving in a conspicuous place, or if the office is closed then leaving it, in a sealed wrapper, in a _________ or _________
person in charge……… letter or drop box
2103- Service of Papers
lf a party appears by Attorney, papers shall be served upon Attorney by one of the following ways:
- Leaving at an attorney’s _________ with a person of suitable age
- You can only use this method if service at the attorney’s office could not be made
residence
2103- Service of Papers
lf a party appears by Attorney, papers shall be served upon Attorney by one of the following ways:
- Faxing and then mailing a copy ____________ of the fax to the attorney
A fax number designated on the papers served or filed shall constitute _______ for fax
of the receipt ….. consent
2103- Service of Papers
lf a party appears by Attorney, papers shall be served upon Attorney by one of the following ways:
- Mailing by Overnight delivery
_____________ is added for this service
One (1) business day
2103- Service of Papers
lf a party appears by Attorney, papers shall be served upon Attorney by one of the following ways:
- Transmitting paper by ___________ and unless a rule says otherwise, the transmission shall be upon the party’s written consent
The subject line must indicate the matter is related to ___________ .
electronic means,……. a court proceeding
2103- Service of Papers
lf a party appears by Attorney, papers shall be served upon Attorney by one of the following ways:
- Upon a ____________ if such party has not appeared by attorney, or the party’s attorney cannot be served using the methods listed above
party
2103- Service of Papers
If a paper cannot be served by any of the methods above upon the attorney or (as last resort) on the party, service may be made by ________ the paper as if it were a paper required to be filed.
filing
2103- Service of Papers
- Papers served on one party shall be served on _______ in the action
- Upon demand by a party, the plaintiff shall supply that party with a list of those who __________ and the names and addresses of their attorneys.
- Where the same attorney appears for two or more parties, _________ copy need be served
all parties…… have appeared………. only one
2103a- Confidentiality of Addresses in Civil Proceedings+
- Parties may have their addresses kept confidential.
- lf a party resides in a facility for ___________ , then the address of the facility SHALL NOT be revealed by the court or other personnel.
- ln such cases the court shall designate _________ or other disinterested person as agent for service of process, with their consent.
- The clerk shall receive the papers, notify the party, and forward the papers in a timely manner
victims of domestic violence…… the clerk
2104- Stipulations
For an agreement to be binding between parties or their attorneys, other than one made between counsel in open court:
- lt must be in writing subscribed by __________ OR _________ , or
- lt is reduced to the form of an ____________ and entered
parties or attorneys
Don’t be tricked by an answer that says Parties AND Attorneys
2104- Stipulations
Know this:
*** If such agreement is a STIPULATION OF SETTLEMENT, the terms of the stipulation SHALL be filed by the __________ with the County Clerk.
DEFENDANT
2105- Certification by Attorney
An _______ can certify a copy of a paper as a true and accurate copy as compared to the original and it shall have the same effect as if made by a ______
attorney…. clerk
2106. Affirmation of Truth of Statement *
An affirmation as to the truth of a statement may be served or filed in lieu of an affidavit by one of the following who practice in the state and are not a party to the action:
APOD
- Attorney
- Physician
- Osteopath
- Dentist
