CPLR Art 21 Flashcards
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
KNOW THIS. IT’S WEIRD. IT’S REALLY WEIRD.
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
