CPLR Art 40 & 41 Volume 1 Flashcards
4001- Powers of Referees
The court can appoint a referee to determine an _______ , perform an ______ or______ and _______
act Issue……….. inquire and report
4011- Sequence of Trial
The court will regulate the sequence of trial for _______ and _________ disposition of the matters at issue in a setting of “proper __________ ”.
efficiency and unprejudiced …. decorum
4012- Marked Pleadings Furnished
The party who files the note of issue should provide the judge with copies of each _______ plainly marked indicating which statements are ______ and which are being controverted
Pleading …. admitted
4013- Trial Elsewhere Than Courthouse
Upon stipulation of the parties the judge may direct the trial to occur at a place outside ___________
the courthouse
4016- Opening and Closing Statements
An attorney for each plaintiff and an attorney for each defendant having their own separate right MAY make an opening statement, similarly they MAY also make a closing statement but in the inverse order to opening statements
PADA - DAPA
4016- Opening and Closing Statements
The attorney during closing statements in a ________ or ___________ case may make reference to a monetary compensation for damages. If such reference is made then the court upon the request of any party shall instruct the jury that:
- The attorney’s reference to specific dollar amounts are permitted as ______
- That it is not _________ and should not be considered as such
- Damages are solely for the _________ to decide
personal injury….. wrongful death …… argument ….. evidence….. jury
4017- Objections
- Formal exceptions to rulings of the court are unnecessary, however, at the time a court makes a ruling or order, a party shall make known to the court what action he wants the court to take or his objection to the action of the court.
- Failure to so make known objections may restrict review upon ________
appeal
4018- Increased Damages
Where the statute grants increased damages, the decision, report or verdict shall specify the sum awarded as ___________ and judgment shall be entered for the increased amount
single damages
4019- Recording In Camera Interviews of infants
- A court shall not conduct an in camera interview of an infant to fix custody or modify judgments and orders of custody in matrimonial actions without a _________ of such interview.
- Such record can be made part of an _________ to be forwarded to the appellate division under seal
stenographic record………. appeal
4101- Issues Triable by a Jury Revealed Before Trial
In the following actions the issues of fact shall be tried by a jury unless waived:
- An action for __________ (concerns marriages)
- An action involving ___________
- An action for __________
- An action for _____________- (possession of land)
- An action for _________
- An action to recover a _____________
- An action for a _________________
(Or any other action entitled to jury by the __________)
Dower ……. Real Property…… Nuisance…….Ejectment……….Waste……… Chattel………. sum of Money….. constitution
4101- Issues Triable by a Jury Revealed Before Trial
What’s DR. NEWCM?
Dower ……. Real Property…… Nuisance…….Ejectment……….Waste……… Chattel………. sum of Money….. constitution
4102- Demand and Waiver of Trial by Jury
- Any party may demand a trial by jury when such right exists by serving on all parties and filing a note of issue containing a ___________
- Any other party may demand a jury by serving such jury demand within ____________ of being served the note of issue.
- *The note of issue must be served _____________
jury demand. …FIFTEEN (15) DAYS………first
4102- Demand and Waiver of Trial by Jury
If no demand for trial by jury is made by either side, it’s considered _________
waived.
4102- Demand and Waiver of Trial by Jury
- If a demand for jury trial covers only certain issues, the other side may, within __________ , file a demand for jury trial as to the other issues.
- You should also know that a party may not __________ a demand for a jury trial without the consent of the other parties!
TEN (10) DAYS….. withdraw
4102- Demand and Waiver of Trial by Jury
A party does not waive their right to a jury trial by joining a claim with another claim that does not have a right to a jury trial, or by asserting counterclaim, cross-claim or third party claim an action that does not have a right to a jury trial.
4102- Demand and Waiver of Trial by Jury
A party does not waive their right to a jury trial by joining a claim with another claim that does not have a right to a jury trial, or by asserting counterclaim, cross-claim or third party claim an action that does not have a right to a jury trial.
