CPLR ART 30 VOLUME THREE

Question 1

3025- Amended and Supplemental Pleadings

A party may amend his pleading ___________ without leave (permission) of the court within:

• 1. ____________ of service of the original pleading (Same as Supplemental Summons See CPLR 305 and 1003)
• 2. Before the time to answer the original pleading ___________
• 3. Within ____________ of service of the responsive pleading to the original pleading

Answer 1

ONCE ………. TWENTY (20) DAYS…..expires…. TWENTY (20) DAYS……….

Question 2

3025- Amended and Supplemental Pleadings

**At anytime ____________ (permission) of the court or upon stipulation of the parties, they may amend or supplement the pleadings **

Answer 2

with leave

Question 3

3025- Amended and Supplemental Pleadings

Any motion to amend or supplement the pleadings shall be accompanied by the proposed ___________ or ____________ ________ itself showing the changes or additions made to the pleading

Answer 3

amended or supplemental pleading

Question 4

3025- Amended and Supplemental Pleadings

An amended pleading is to address facts or causes of actions in existence at the time of the filing of_____________

Answer 4

original pleading

Question 5

3025- Amended and Supplemental Pleadings

*A Supplemental pleading addresses ________ facts that were not previously present.

• DO NOT confuse these terms with Amended or Supplemental Summons. They are not Pleadings

Answer 5

NEW

Question 6

3025- Amended and Supplemental Pleadings

The court may allow the pleadings to be AMENDED to conform to ___________ , before or after _____________

Answer 6

the evidence……… judgment

Question 7

3025- Amended and Supplemental Pleadings

The answer made to an amended or supplemental pleading shall be made within _________ of its service

Answer 7

TWENTY (20) DAYS

Question 8

3033 through 3036- The New York Simplified Procedure for Court Determination of Disputes”

• The procedure in any action under this section shall constitute “The New York Simplified Procedure for Court Determination of Disputes”
• This is very similar to agreeing to go to Arbitration and it terminates in a final __________

Answer 8

judgment

Question 9

3033 through 3036- The New York Simplified Procedure for Court Determination of Disputes”

In the simplified procedure:

• An action may be commenced without a summons or pleadings by the filing of a statement signed by the parties or their attorneys specifying plainly the claims, defenses and relief sought.
• Such statement together with a note of issue shall constitute _________ .
• With _________ of the court, an amended or supplemental statements may be served and filed at any time.

Answer 9

joinder of issue…….. leave

Question 10

3033 through 3036- The New York Simplified Procedure for Court Determination of Disputes”

**Entering into this forum for simplified procedure for court determination of disputes is considered a waiver of____________ **

Answer 10

a jury trial

Question 11

3033 through 3036- The New York Simplified Procedure for Court Determination of Disputes”

In the simplified procedure:

If the parties to a contract to submit a dispute to the court cannot agree on the terms of the statement of claims and defenses, the court will settle the terms of the statement, and move to trial without a jury if there are any _____________ unless a party demands a jury

Answer 11

issues of fact

Question 12

3033 through 3036- The New York Simplified Procedure for Court Determination of Disputes”

In the simplified procedure:

• If a party to a contract to submit a dispute to the court believes that the other party has not fulfilled their obligations under the contract, they can file a motion on __________ ‘s notice with the court to have the terms of the statement settled and the dispute resolved through the New York Simplified Procedure for Court Determination of Disputes.
• The court will then consider whether there is a substantial question of fact as to whether the contract exists or was breached. If there is a substantial question of fact, the court will proceed with a trial without a jury unless a party requests a jury.

Answer 12

eight (8) day

Question 13

3033 through 3036- The New York Simplified Procedure for Court Determination of Disputes”

• The New York simplified procedure for court determination of disputes is designed to promote speedy hearing and simple, informal procedure.
• A pre-trial conference may be held to dispose of questions of _____ that might be conclusive in the action and avoid a trial.
• The technical rules of ____________ may be dispensed with to the extent specified in the rules.

Answer 13

law ……….. evidence

Question 14

3033 through 3036- The New York Simplified Procedure for Court Determination of Disputes”

In the simplified procedure:

The rules of evidence and procedure may be dispensed with in simplified procedure actions, except for the issue of the making of the __________or _________

Answer 14

CONTRACT OR SUBMISSION

Question 15

3033 through 3036- The New York Simplified Procedure for Court Determination of Disputes”

In the simplified procedure:

The court may use the testimony of an ____________ and order their fees and expenses to be paid by the parties

Answer 15

impartial witness

Question 16

3033 through 3036- The New York Simplified Procedure for Court Determination of Disputes”

In the simplified procedure:

A court may stay any action or proceeding that presents an issue that could be resolved through the ___________________

Answer 16

simplified procedure.

Question 17

3033 through 3036- The New York Simplified Procedure for Court Determination of Disputes”

In the simplified procedure:

If the court directs a party to the contract or submission to serve a statement within a given time, or fails to appear, a ___________ may be ordered

Answer 17

default judgment

Question 18

3033 through 3036- The New York Simplified Procedure for Court Determination of Disputes”

In the simplified procedure:

The court may make various procedural rulings at a pre-trial conference or at any other time, including ordering additional or amended statements of facts, discovery, and depositions, and granting summary judgment.

Answer 18

3033 through 3036- The New York Simplified Procedure for Court Determination of Disputes”

The court may make various procedural rulings at a pre-trial conference or at any other time, including ordering additional or amended statements of facts, discovery, and depositions, and granting summary judgment.

Question 19

3033 through 3036- The New York Simplified Procedure for Court Determination of Disputes”

In the simplified procedure:

• After a statement is filed, any party may serve and file a _________ and the trial will commence on the date specified in the note of issue or as soon thereafter as practicable.
• Preliminary procedures required to place the case on the __________ are not required.

Answer 19

note of issue,…….. trial calendar

Question 20

3033 through 3036- The New York Simplified Procedure for Court Determination of Disputes”

The _____________ in a simplified procedure action shall consist of the submission or contract, the statement of claims and defenses, and all papers submitted to the court and orders of the court.

Answer 20

judgment roll

Question 21

3033 through 3036- The New York Simplified Procedure for Court Determination of Disputes”

In the simplified procedure:

CPLR Rules pertaining to venue, entry and enforcement of judgment and the continuance of a civil action in case of the death or incompetency of parties (SHALL/SHALL NOT) apply

Answer 21

SHALL

Question 22

3033 through 3036- The New York Simplified Procedure for Court Determination of Disputes”

In the simplified procedure:

__________ and _________ may be awarded by the court in its discretion. If awarded, the amount thereof must be included in the judgment.

Answer 22

Costs and disbursements

Question 23

3037- Appeal (Simplified procedure?)

An appeal may be taken only from a judgment or an order determining the making of ___________ or failure to comply with such.

Answer 23

a contract

Question 24

3037- Appeal (Simplified procedure?)

There shall be no appeal from an ___________ of the court or a judge in an action under the simplified procedure provisions, except with permission of the trial or appellate court

Answer 24

intermediate order

Question 25

3037- Appeal (Simplified procedure?)

A decision of the trial judge on the facts shall be final if there is any ____________ to support it.

Answer 25

substantial evidence

Question 26

3041- Bill of Particulars

Also known as a “___________ “, a Bill of Particulars is an amplification of the pleadings to support the burden of proof

Answer 26

copy of items on an account

Question 27

3042- Procedure for Bill of Particulars

• A party may make a demand for the Bill of Particulars.
• Within _________ of the service of the demand, the party must comply and serve the Bill of Particulars unless they object, although they must still respond on items they ________________

Answer 27

THIRTY (30)DAYS…… don’t object to

Question 28

3042- Procedure for Bill of Particulars

_________________ with the demand for a bill of particulars can result in the imposition of penalties and the compelling of compliance; likewise the court can vacate or modify a demand for the bill if unduly burdensome on the other side

Answer 28

Failure to comply

Question 29

3042- Procedure for Bill of Particulars

Amended Bill of Particulars - Can be done _______ before the filing of the ______________

Answer 29

ONCE……… NOTE OF ISSUE

Question 30

3043- Bill of Particulars in Personal Injury Actions

A Bill of particulars for a ____________ would include matters such as when the incident occurred and a statement of the specific injuries, time confined to bed etc.

Answer 30

personal injury case

Question 31

3043- Bill of Particulars in Personal Injury Actions

• Supplemental Bill of Particulars in Personal Injury Actions - Can be done anytime even AFTER filing of __________ as long as it’s at least __________ before trial.
• The other party can newly exercise any and all rights to discovery within __________ upon receiving the supplemental bill but only with respect to such continuing special damages and disabilities.

Answer 31

THIRTY(30)DAYS …… SEVEN(7)DAYS

Question 32

3044- Verification of Bill of Particulars

If pleading is verified then the subsequent bill of particulars shall also be ____________

Answer 32

verified.

Question 33

3044- Verification of Bill of Particulars

A Bill of Particulars for an action involving _________ must always be verified.

Answer 33

NEGLIGENCE

Question 34

3045* Arbitration of Damages for Medical,Dental or Podiatric malpractice

• Any time after filing the ____________ but no later than __________ after filing the special notice required for medical, dental or podiatric malpractice, the defendant can demand that the plaintiff elect to consent to the arbitration of damages upon concession of liability
• Within __________ of the demand, the plaintiff must elect to proceed to such Arbitration or not
• If within ___________ of the plaintiff agreeing to proceed to this arbitration, the defendant serves a “___________ “ the issue of damages, including the proximate cause, will be subject to Arbitration.
• A “________________” will not be binding upon the defendant for any other purpose

Answer 34

Bill of Particulars…… SIXTY (60) DAYS……… TWENTY(20) DAYS………. TWENTY (20)DAYS …… concession of liability……… concession of liability

Question 35

ARTICLE 30

AMENDED PLEADING FACTS =

SUPPEMENTAL PLEADING FACTS =

Answer 35

AMENDED PLEADING FACTS = FACTS IN EXISTENCE AT THE TIME OF THE ORIGINAL PLEADING

SUPPLEMENTAL PLEADING FACTS = NEW FACTS