CPLR ART 3 Volume 1 Flashcards
- Jurisdiction over persons, property or status
A court may exercise such jurisdiction over ________,________, or __________ as might have been exercised heretofore.
PPS
persons, property, or status
- Personal jurisdiction by acts of non-domiciliaries.
A court can exercise personal jurisdiction over a non domiciliary, or his executor or administrator when they:
- Transact any ___________ WITHIN the state, supplying goods or services
- Commits a __________ act WITHIN the state except for defamation of character
- 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)
- Owns, uses or possesses any ____________ within the state
business………. tortious…….tortious…… real property
- 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
matrimonial actions
- 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 _____________
causes of action
- 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.
clerk of the court
304 Method of Commencing Action or Special Proceeding
**Know this: An action is commenced by the filing of a ___________________ or ________________ (see..CPLR 2102) **
Summons and Complaint …….. Summons with Notice
304 Method of Commencing Action or Special Proceeding
A Special proceeding is commenced by the filing of a ____________ alone
Petition
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
FIVE(5)DAYS
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
clerk of the court
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.
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.
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)
date stamped copy of the first page ……..confirmation record …..affidavit…. attorney
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.
venue……. third-party….third-party
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
Consumer Credit Transaction……….. county
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
medical malpractice
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).
SUPPLEMENTAL SUMMONS
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
summons
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
pleadings…….. Summons
305 Summons, Supplemental Summons, Amendment
_______________ summons can NOT add additional parties.
Amended
(Supplemental Summons does)
305 Summons, Supplemental Summons, Amendment
Summonses are not pleadings
The only pleadings are:
CAR - Complaint, Answer, and Reply (For Actions)
PAR- Petition, Answer and Reply (For Special Proceedings)
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 _______________
papers…Person….person….substituted… attempted service
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
Certificate of service…………..Affidavit of service…………… acknowledgment …….
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
index number
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
THIRTY(3O) DAYS
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.
120 days
