CPLR ART 3 Volume 1

Question 1

301. Jurisdiction over persons, property or status

A court may exercise such jurisdiction over ________,________, or __________ as might have been exercised heretofore.

PPS

Answer 1

persons, property, or status

Question 2

302. Personal jurisdiction by acts of non-domiciliaries.

A court can exercise personal jurisdiction over a non domiciliary, or his executor or administrator when they:

1. Transact any ___________ WITHIN the state, supplying goods or services
2. Commits a __________ act WITHIN the state except for defamation of character
3. Commits a ____________ act OUTSIDE the state causing injury to a person or property WITHIN the state, except for defamation of character if he:

• (regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered, in the state, or expects or should reasonably expect the act to have consequences in the state and derives substantial revenue from interstate or international commerce)

4. Owns, uses or possesses any ____________ within the state

Answer 2

business………. tortious…….tortious…… real property

Question 3

302. Personal jurisdiction by acts of non-domiciliaries.

A court can also have personal jurisdiction over a non-resident defendant in __________ or family court proceedings involving a demand for support, alimony or maintenance, this is in accordance with article 5-B of the FCA and 5-A of the DRL

Answer 3

matrimonial actions

Question 4

302. Personal jurisdiction by acts of non-domiciliaries.

lf personal jurisdiction is obtained in accordance with this section, an appearance does not confer jurisdiction with regard to other _____________

Answer 4

causes of action

Question 5

303. Designation of attorney as agent for service. +

lf a person COMMENCES an action in the state who is not subject to personal jurisdiction on other matters in the state then his attorney, or if there is not one, the ________________ is so designated as agent for service on such other matters

When a defendant appears here solely under this section, such appearance does not constitute jurisdiction for other causes of action outside of this section.

Answer 5

clerk of the court

Question 6

304 Method of Commencing Action or Special Proceeding

**Know this: An action is commenced by the filing of a ___________________ or ________________ (see..CPLR 2102) **

Answer 6

Summons and Complaint …….. Summons with Notice

Question 7

304 Method of Commencing Action or Special Proceeding

A Special proceeding is commenced by the filing of a ____________ alone

Answer 7

Petition

Question 8

304 Method of Commencing Action or Special Proceeding

Where a court finds circumstances prevent the immediate filing, the SIGNING of an Order requiring subsequent filing in not less than ___________ will begin the action

Answer 8

FIVE(5)DAYS

Question 9

304 Method of Commencing Action or Special Proceeding

Filing means: The delivery of the summons with notice, summons and complaint or petition to the ____________ in the county in which the action or special proceeding is brought

Answer 9

clerk of the court

Question 10

304 Method of Commencing Action or Special Proceeding

At the time of filing the Clerk stamps the original and a copy, makes a record of the date of filing and returns a date stamped copy with index number for service, keeping the original.

Such filing shall not be accepted unless any fee required has been paid.

Answer 10

304 Method of Commencing Action or Special Proceeding

At the time of filing the Clerk stamps the original and a copy, makes a record of the date of filing and returns a date stamped copy with index number for service, keeping the original.

Such filing shall not be accepted unless any fee required has been paid.

Question 11

304 Method of Commencing Action or Special Proceeding

Filing may be done by Fax or electronic means.

lf by Fax, the clerk returns a ________________________

A _______________ by fax machine or computer with an _______ is evidence of transmission

Where filing is by electronic means, the clerk shall forthwith notify the filing party of the index number and the date and time of filing.

Also, can use same method when serving an ____________ (2103)

Answer 11

date stamped copy of the first page ……..confirmation record …..affidavit…. attorney

Question 12

305 Summons, Supplemental Summons, Amendment

A summons shall specify the basis of __________ designated, the index number and the date of filing with the clerk of the court.

A ________ summons shall also specify the date of filing of the _________ summons with the clerk of the court.

Answer 12

venue……. third-party….third-party

Question 13

305 Summons, Supplemental Summons, Amendment

lf an action arises out of a “Consumer Credit Transaction”, then the words “_____________ “ must be prominently displayed.

lt must also state the last known address of defendant and ______________ where the consumer credit transaction took place

Answer 13

Consumer Credit Transaction……….. county

Question 14

305 Summons, Supplemental Summons, Amendment

Summons with Notice- When a complaint is not served with the summons, an attached notice must state the nature of the action, the relief sought and the amount of money, except __________________ .

A complaint MUST eventually be filed

Answer 14

medical malpractice

Question 15

305 Summons, Supplemental Summons, Amendment

Where a new party is joined in the action a ________________ must be filed, with which the new party must answer.

This can be done by court order, stipulation of all parties or as a matter of right (CPLR1003).

Answer 15

SUPPLEMENTAL SUMMONS

Question 16

305 Summons, Supplemental Summons, Amendment

At any time in its discretion, the court may allow a _________ or proof of service of a summons to be amended as long as the rights of any party are not prejudiced

Answer 16

summons

Question 17

305 Summons, Supplemental Summons, Amendment

_____________ may sometimes be amended by a party as of right without a court order, where the amendment of _____________ requires court order

Answer 17

pleadings…….. Summons

Question 18

305 Summons, Supplemental Summons, Amendment

_______________ summons can NOT add additional parties.

Answer 18

Amended

(Supplemental Summons does)

Question 19

305 Summons, Supplemental Summons, Amendment

Summonses are not pleadings
The only pleadings are:

Answer 19

CAR - Complaint, Answer, and Reply (For Actions)

PAR- Petition, Answer and Reply (For Special Proceedings)

Question 20

306 - Proof of service

Generally, proof shall contain the following information:

• Specify ________ served
• _________ served
• Date, Time and address where service made or place and manner of service if no address
• Personal delivery- description of ________ served

For ___________ service, it shall contain the dates, address, and times of _______________

Answer 20

papers…Person….person….substituted… attempted service

Question 21

306 - Proof of service

Forms of proof:

• Sheriff or public officer served = ________________
• Any other person served = _______________________
• Signed _____________ of receipt of papers
• A writing admitting service

Answer 21

Certificate of service…………..Affidavit of service…………… acknowledgment …….

Question 22

305a- Index number in an action or proceeding commenced in supreme or county court

• Upon the filing of an action or special proceeding in the Supreme or County Court, an ____________ shall be assigned and a fee paid.
• lf a new party joins the action they also will pay the filing fee but no new index number will be assigned

Answer 22

index number

Question 23

305a- Index number in an action or proceeding commenced in supreme or county court

Now this is odd: lf a person other than the plaintiff serves the Summons, obtained the index number and paid the fee, the clerk shall issue an order directing the plaintiff to pay such person within ______________ for the fee or the case may be dismissed without prejudice, upon application

Answer 23

THIRTY(3O) DAYS

Question 24

306-b. Service of the summons and complaint, summons with notice, third-party summons and complaint, or petition with a notice of petition or order to show cause.

Service of the summons and complaint, summons with notice, 3rd party summons with complaint or petition with notice of petition or order to show cause SHALL be made within ______________ after the commencement of the action or proceeding.

Answer 24

120 days

Question 25

306-b. Service of the summons and complaint, summons with notice, third-party summons and complaint, or petition with a notice of petition or order to show cause.

lf statute of limitations in a particular proceeding is 4 months or less then service must be complete within ________________ of the expiration of the statute. (Art.78 proceeding, election law, etc.)

Answer 25

FIFTEEN (15) DAYS

Question 26

306-b. Service of the summons and complaint, summons with notice, third-party summons and complaint, or petition with a notice of petition or order to show cause.

If Service is not made within specified time periods, the court, UPON MOTION:

Shall dismiss the action without prejudice as to that defendant, or upon good cause shown or lnterest of Justice extend the time for service (Eff. 1/1/12)

Answer 26

306-b. Service of the summons and complaint, summons with notice, third-party summons and complaint, or petition with a notice of petition or order to show cause.

If Service is not made within specified time periods, the court, UPON MOTION:

Shall dismiss the action without prejudice as to that defendant, or upon good cause shown or lnterest of Justice extend the time for service (Eff. 1/1/12)

Question 27

306c- Notice of Commencement of an Action for Personal lnjuries

lf an individual has suffered personal injuries and is receiving medical assistance as provided for in the Social Services Law and is involved in litigation for these injuries, then within ____________ of service being complete, notice of the commencement of the action must be sent to the Social Services District or Department of Health within that County by certified mail, return receipt requested, or electronically

Proof of sending such notice shall be filed with the court in accordance with CPLR 306

Sending such notice shall not be a jurisdictional requirement to commence an action.

Answer 27

SIXTY(60) DAYS

Question 28

306-d Consumer credit transaction Notice

Consumer credit transaction Notice :

• Additional requirement to submit to the clerk a stamped, unsealed envelope addressed to the defendant with a notice outlining the consequences of not responding to the lawsuit, advice on seeking legal assistance and the basic information on the case itself
• The ___________ promptly shall mail to the defendant the envelope containing the additional notice

Answer 28

clerk

Question 29

306-d Consumer credit transaction Notice

Consumer credit transaction Notice:

• No default judgment based on the defendant’s failure to answer shall be entered unless there has been compliance with this section, and at least _____________ have elapsed from the date of mailing by the clerk; or if the additional notice is returned to the court as undeliverable.

Answer 29

twenty days