CPLR ART 30 VOLUME THREE Flashcards
3025- Amended and Supplemental Pleadings
A party may amend his pleading ___________ without leave (permission) of the court within:
- ____________ of service of the original pleading (Same as Supplemental Summons See CPLR 305 and 1003)
- Before the time to answer the original pleading ___________
- Within ____________ of service of the responsive pleading to the original pleading
ONCE ………. TWENTY (20) DAYS…..expires…. TWENTY (20) DAYS……….
3025- Amended and Supplemental Pleadings
**At anytime ____________ (permission) of the court or upon stipulation of the parties, they may amend or supplement the pleadings **
with leave
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
amended or supplemental pleading
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_____________
original pleading
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
NEW
3025- Amended and Supplemental Pleadings
The court may allow the pleadings to be AMENDED to conform to ___________ , before or after _____________
the evidence……… judgment
3025- Amended and Supplemental Pleadings
The answer made to an amended or supplemental pleading shall be made within _________ of its service
TWENTY (20) DAYS
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 __________
judgment
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.
joinder of issue…….. leave
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____________ **
a jury trial
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
issues of fact
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.
eight (8) day
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.
law ……….. evidence
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 _________
CONTRACT OR SUBMISSION
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
impartial witness
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 ___________________
simplified procedure.
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
default judgment
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.
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.
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.
note of issue,…….. trial calendar
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.
judgment roll
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
SHALL
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.
Costs and disbursements
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.
a contract
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
intermediate order
3037- Appeal (Simplified procedure?)
A decision of the trial judge on the facts shall be final if there is any ____________ to support it.
substantial evidence
3041- Bill of Particulars
Also known as a “___________ “, a Bill of Particulars is an amplification of the pleadings to support the burden of proof
copy of items on an account
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 ________________
THIRTY (30)DAYS…… don’t object to
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
Failure to comply
3042- Procedure for Bill of Particulars
Amended Bill of Particulars - Can be done _______ before the filing of the ______________
ONCE……… NOTE OF ISSUE
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.
personal injury case
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.
THIRTY(30)DAYS …… SEVEN(7)DAYS
3044- Verification of Bill of Particulars
If pleading is verified then the subsequent bill of particulars shall also be ____________
verified.
3044- Verification of Bill of Particulars
A Bill of Particulars for an action involving _________ must always be verified.
NEGLIGENCE
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
Bill of Particulars…… SIXTY (60) DAYS……… TWENTY(20) DAYS………. TWENTY (20)DAYS …… concession of liability……… concession of liability
ARTICLE 30
AMENDED PLEADING FACTS =
SUPPEMENTAL PLEADING FACTS =
AMENDED PLEADING FACTS = FACTS IN EXISTENCE AT THE TIME OF THE ORIGINAL PLEADING
SUPPLEMENTAL PLEADING FACTS = NEW FACTS
