CPLR ART 34 volume 1 Flashcards
3401- Rules
- The __________ shall adopt rules regulating the hearing of causes, including filing of notes of issue, calendar practice of the courts, etc.
- As practicable, such rules within the city of New York shall be __________
chief administrator of the courts…………..uniform.
3402- Note of Issue
A “__________ “ places a case on the calendar.
note of issue
3402- Note of Issue
At any time after issue is first joined or at least after _________ after the service of a summons has been completed whether we have joinder or not, any party may place a case on the calendar by filing within __________ after service, with proof of such service, ___________ of a “Note of Issue with the clerk.
The clerk (soon to be you) shall enter the case upon the calendar as of the date of filing the note of issue
FORTY(40) DAYS ………..TEN (10) DAYS……. TWO (2) COPIES
3402- Note of Issue
- party who brings in a new party shall within __________ serve him with the note of issue and file a statement with the clerk advising him of the bringing in of such new party
- A party who brings in a new party shall within __________ serve him with the note of issue and file a statement with the clerk advising him of the bringing in of such new party and of any change in the title of the action, with proof of service of the note of issue upon the new party, and of such statement upon all parties who have appeared in the action.
- The case shall retain its place upon the calendar unless the court otherwise directs.
FIVE(5)DAYS
3403- Trial Preferences
Civil cases are tried in the order in which the notes of issue have been filed. The following cases however are entitled to a preference:
- An action brought by or against the ____ (or state officer or board of officers)
- An action where a preference is provided by ________
- An action where the _________ will be provided by an early trial
- An action upon the application of a party who has reached the age ________ years
- An action based on medical, dental or podiatric _________
- An action to recover damages for personal injuries where the plaintiff is ___________ and alleges such illness is the result of action by the defendant
- NEW - any child sexual abuse or sex abuse action which has been revived pursuant to section 214-G or 214-J of the CPLR.
State………. statute…… interests of justice ……. 70 ……. malpractice…… terminally ill
3403- Trial Preferences
Civil cases are tried in the order in which the notes of issue have been filed. The following cases however are entitled to a preference:
- An action brought by or against the _____ (or state officer or board of officers)
state
3403- Trial Preferences
Civil cases are tried in the order in which the notes of issue have been filed. The following cases however are entitled to a preference:
- An action where a preference is provided by_______
statute
3403- Trial Preferences
Civil cases are tried in the order in which the notes of issue have been filed. The following cases however are entitled to a preference:
- An action where the __________ will be provided by an early trial
interests of justice
3403- Trial Preferences
Civil cases are tried in the order in which the notes of issue have been filed. The following cases however are entitled to a preference:
- An action upon the application of a party who has reached the age ______ years
70
3403- Trial Preferences
Civil cases are tried in the order in which the notes of issue have been filed. The following cases however are entitled to a preference:
- An action based on medical, dental or podiatric ________
malpractice
3403- Trial Preferences
Civil cases are tried in the order in which the notes of issue have been filed. The following cases however are entitled to a preference:
- An action to recover damages for personal injuries where the plaintiff is _______ and alleges such illness is the result of action by the defendant
terminally ill
3403- Trial Preferences
Civil cases are tried in the order in which the notes of issue have been filed. The following cases however are entitled to a preference:
- NEW - any child sexual abuse or sex abuse action which has been revived pursuant to section 214-G or 214-J of the CPLR.
3403- Trial Preferences
Civil cases are tried in the order in which the notes of issue have been filed. The following cases however are entitled to a preference:
- NEW - any child sexual abuse or sex abuse action which has been revived pursuant to section 214-G or 214-J of the CPLR.
3403- Trial Preferences
To obtain a preference a notice of motion for such must be filed with the note of issue or_________ after such service by any other party, with the exception of the party who turned 70 years or became terminally ill, it can be ________ during the pendency of the action
TEN (10) DAYS…… anytime
3404- Dismissal of Abandoned Cases
- A case “marked off” or struck from the calendar if not restored within __________ is deemed abandoned and shall be dismissed without costs for neglect to prosecute.
- **The clerk shall make an appropriate entry _______ the necessity of an order.
ONE (1)YEAR……… WITHOUT
3405- Arbitration of Certain Claims
The Chief Judge of the court of __________ shall make the rules for arbitration of claims for the recovery of money not exceeding ________ , or in NYC Civil Court ________
appeals…… $6,000.00…..$10,000.00
3405- Arbitration of Certain Claims
A _______ may be entered upon an arbitration award and a jury trial de novo must be permitted upon demand
judgment
3405- Arbitration of Certain Claims
All expenses for compensation for arbitrators and judicial hearing officers’ reimbursement and administration under this rule shall be a _______ charge to be paid out of funds appropriated to the administrative office for the courts
state
3406- Mandatory Filing and Pre-calendar Conference (relates to CPLR3409) +
Not more than ________ after issue is joined, the plaintiff in an action seeking damages for medical, dental or podiatric malpractice must file a special notice to that effect with the clerk of the court along with proof that such notice was served on all parties and proof that, if demanded, authorizations to obtain medical, dental, podiatric and hospital records have been served upon the defendants in the action; and such other papers as may be required to be filed by rule of the chief administrator of the courts.
SIXTY (60) DAYS
3406- Mandatory Filing and Pre-calendar Conference (relates to CPLR3409) +
- There shall be a pre-calendar conference which will determine the timeline to complete disclosure at no more than ________ after the notice of medical, dental or podiatric malpractice has been filed and to be ready for trial within __________ after such notice is filed.
- The pre-calendar conference will be held after the issue is _______ but before the note of issue is filed.
TWELVE (12) MONTHS……. EIGHTEEN (18) MONTHS ………. joined
3406- Mandatory Filing and Pre-calendar Conference (relates to CPLR3409) +
The purpose of the conference is to encourage _______ limit the issues and establish a timetable for disclosure
settlement,
