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CPLR - FUTURE CLERK 2023: THE CLERKENING > CPLR Art 22 > Flashcards

CPLR Art 22 Flashcards

1
Q

2201- Stay

The court may grant a stay of proceedings in a proper case as may be _______

A

just

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2
Q

2211- Application for Order, When Motion is Made

  • **A motion is an application for _________ **
  • When a notice of motion or order to show cause is served, it is considered a “_________ “
A

an order…… motion on notice

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3
Q

2212- Where Motion is Made in Supreme Court

A motion_________ in the Supreme Court shall be made in the ________ where the action is triable or in an __________ where the action is triable.

A

on notice ……..judicial district…….. adjoining county

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4
Q

2212- Where Motion is Made in Supreme Court

An ____________ motion may be made at a motion term of the _________ or to a Justice out of Court (even on the golf course), IN _______________

A

EX PARTE……Supreme Court ………. ANY COUNTY lN THE STATE

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5
Q

2212- Where Motion is Made in Supreme Court

The Chief Administrator of the courts may provide for motions to be heard in ___________ before a County Judge for matters pending in _________court when the __________ Court is not in session in the county where the action is triable.

A

County Court ……… Supreme Court ……… supreme

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6
Q

2213- Where Motion is Made in COUNTY Court Action

**An _____________ motion for a County Court action may be made at a motion term of the _________ Court or to a County judge out of Court IN _____________

A

EX PARTE………… County………… ANY COUNTY lN THE STATE**

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7
Q

2213- Where Motion is Made in COUNTY Court Action

Where no motion term is being held or no County judge is available in the county, then, whether or not on notice, such motion may be noticed to be heard before a motion term of the _________ or for an Order to show cause, by a Justice of the Supreme Court out of court, NOT anywhere in the state, but in the __________ where the action is triable or an adjoining county where the action is triable

A

Supreme Court …… judicial district

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8
Q

2214- Motion Papers; Service;Time

A notice of motion shall specify:

    1. The _______ and _________ of the hearing on motion
    1. The _____________ upon which the motion is based
    1. The __________ demanded and the grounds therefore
A

time and place ……… supporting papers……… relief

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9
Q

2214- Motion Papers; Service;Time

A notice of motion and supporting affidavits shall be served at least _________ before the time at which the motion is to be heard. Answering affidavits shall be served at least _________ before such time and Reply will be on the day it is noticed to be heard. If notice of motion is served at least _________ before the time it is to be heard then the answer shall be served at least __________ before and the reply _________ before.

Don’t forget Mail ADD _______ days

A

EIGHT(8)DAYS……. TWO(2)DAYS ……… SIXTEEN (16) DAYS……….. SEVEN (7) DAYS……… ONE (1) DAY…. FIVE (5)

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10
Q

2214- Motion Papers; Service;Time

  • Each party shall furnish to the court all papers served by _______ The moving party shall furnish to __________ all other papers that the court may not already have
  • In an e-filed action, a party that files the papers need not include copies of papers that were previously e-filed with the court, but may ___________ to them by providing the docket numbers on the e-filing system
  • Where such papers are in the possession of an __________ , they shall be produced by that party at the hearing on notice served with the motion papers.
A

that party….. the court…… make reference …. adverse party

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11
Q

2214- Motion Papers; Service;Time

An ORDER TO SHOW CAUSE is a preliminary _________ that the court may grant in lieu of a ___________ . It may direct a stay of certain proceedings and is made returnable at a time designated by the court.

A

ex parte order ….. notice of motion

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12
Q

2214- Motion Papers; Service;Time

If an order to show cause is being served upon a state body or officer, then the ________ must also be served by delivery to the Assistant Attorney General at the office of the Attorney General in the county in which the venue of the action has been designated or if there is no office of the attorney general in such county, at the office of the attorney general nearest such county.

A

Attorney General

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13
Q

2215- Relief Demanded by Other than Moving Party+

At least _________ or in certain instances under CPLR 2214 (b) up to _________ days before the time at which a motion is noticed to be heard, a party may serve a CROSS MOTION for relief or relief in the alternative

Remember….CROSS MOTION - Served a minimum of _________ prior to motion being heard.

A

THREE(3) DAYS …… SEVEN…… THREE(3) DAYS

Look at the three OOO’s and think of THREE(3) DAYS

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14
Q

2215- Relief Demanded by Other than Moving Party+

If a cross motion is served by mail it must be served ___________ earlier than prescribed in this rule, if served by overnight delivery then _________ earlier. Obviously the standard rule of adding five days for mailing does not apply here

A

THREE(3) DAYS…. ONE (1) DAY

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15
Q

2217- Prior Motion, Ex parte Motion, Transfer of Motion

Any motion may be referred to judge who decided a prior motion in the action, but may also be transferred to any ___________ (by whom it might have originally been made) due to the proper judges unavailability, this is done by order of the court or written stipulation of the parties

Rules of the Chief Administrator of the Courts can exclude transfer or referral of motions as indicated above in certain departments

A

other judge

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16
Q

2217- Prior Motion, Ex parte Motion, Transfer of Motion

Any ex parte motion must be accompanied by an affidavit stating the result of any ________ for similar relief and specifying any new facts

A

prior motion

17
Q

2218- Trial of Issue Raised on Motion+

  • The court may order any issue of fact raised on motion to be separately tried by the court or referee.
  • If the issue is triable of _________ the court shall give the parties an opportunity to demand a jury trial.
  • Failure to make a timely demand is a _________ of such right
A

right by jury…. waiver

18
Q

2219- Time and Form of Order

Time for the court to decide upon a motion once submitted for decision:

  • *For a PROVISIONAL REMEDY it is ___________
  • *For ANY OTHER MOTION it is ___________
A

TWENTY (20) DAYS….SIXTY (60) DAYS

FutureClerk 2023: The Clerkening hint: Pro Vision is 20/20, perhaps that will help you remember 20 days

19
Q

2219- Time and Form of Order

An order on motion SHALL be in writing and dated and signed with the judges SIGNATURE or INITIALS, THE COURT, where he or she is a judge, the PLACE AND DATE OF THE SIGNATURE AND MUST RECITE THE PAPERS UPON WHICH THE DECISION WAS BASED

A

2219- Time and Form of Order

Such order on motion SHALL be in writing and dated and signed with the judges SIGNATURE or INITIALS, THE COURT, where he or she is a judge, the PLACE AND DATE OF THE SIGNATURE AND MUST RECITE THE PAPERS UPON WHICH THE DECISION WAS BASED

20
Q

2219- Time and Form of Order

Except in a ______ or_______ court, any order or ruling made by a judge on a motion must be reduced to ________ or otherwise recorded, upon the request of any party

A

town or village….. writing

21
Q

2219- Time and Form of Order

**An order on motion of an Appellate Court shall be signed by the Appellate judge except that upon written authorization by presiding judge may be signed BY THE _____________ OR IN HIS ABSENCE ____________ **

A

CLERK OF THE COURT …….. DEPUTY CLERK.

22
Q

2220 Entry and Filing of Order; Service

An order determining a motion shall be entered and filed in the office of the clerk where the action is _________, along with all other papers used on the motion.

A

triable,

23
Q

2220 Entry and Filing of Order; Service

If the order requires filing the order in a county other than the county of the court which made the order, the _____________ shall file it in that other county.

A

prevailing party

24
Q

2220 Entry and Filing of Order; Service

  • Failure to properly file an order can result in it being vacated with costs
  • Service of an order is made by serving a __________ of the order.
A

COPY

25
Q

2221- Motion Affecting Prior Order

Motions for leave to Renew or to Reargue a prior motion, for leave to appeal from, or to stay, vacate or modify an order shall be made ______________ to the judge who signed the order, unless he or she is unable to hear it

Exceptions:

    1. If the order was made upon a default, the motion may be made on notice to _________ of the court.
    1. If the order was made without notice, the motion may be made without notice to the judge who signed it or made on notice to any judge of the court

A motion made to a judge other than a proper judge under this rule shall be transferred to ____________

A

on notice…………. any judge….. the proper judge

26
Q

2221- Motion Affecting Prior Order

Motion for leave to Reargue:

    1. Shall be identified as such
    1. Shall be based upon matters of fact or law overlooked or misapprehended by the judge who determined the prior motion, (no new facts allowed).
    1. Shall be made within ___________ after service of the copy of the prior order and written notice of its entry. This rule shall not apply to motions to reargue a decision made by the appellate division or the court of appeals.
A

THIRTY (30) DAYS

27
Q

2221- Motion Affecting Prior Order

Motion for leave to Renew:

    1. Shall be identified as such
    1. Shall be based upon ___________ not offered or a demonstration of change in the _______ that would have changed the prior decision
    1. Shall contain ___________ for failure to present these facts
A

new facts …Law ….. reasonable justification

Hint: Motion to ReNEW…means NEW facts

28
Q

2221- Motion Affecting Prior Order

Motions to renew and reargue can be made _____________ although the court shall decide each part as if made as separate motions

A

simultaneously

29
Q

2222- Docketing Order as Judgment

At the request of any party the clerk shall docket as a ___________ any order directing payment of money, costs or affecting title to real property

A

judgment

30
Q

2222- Docketing Order as Judgment

Where the clerk maintains a ________________ , an order affecting the title to, or the possession, use or enjoyment of, real property may be entered in such index in lieu thereof.

A

section and block index

31
Q

2223- Duties of Officer Receiving Mandate:

    1. Execute a mandate according to its command
    1. If requested, give a written ________ describing the mandate, along with day and hour received, to the person delivering the mandate without compensation, or a copy of the mandate to the person served, if requested, also without compensation
    1. And then return mandate together with his return thereon to ____________ by delivery or mail
A

receipt…the clerk’s office

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

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