CPLR Art 42, 43, 44 Flashcards
4201- Powers of Referees to Report
A referee to inquire and report shall have power to issue _______ , administer _____ , and direct parties to engage in ________
Subpoenas….. oaths……. disclosure
4211- Issues to be Decided by the Court
The court shall decide any issue not required to be tried by _______ unless it is referred to a ________ to determine
a jury …….. referee
4212- Advisory Jury; Referee to Report
- Upon motion of any party or on its own initiative, the court may submit any issue of fact needed to be decided to an _____ or upon exceptional circumstances to a ____ to report.
- An order under this rule shall specify the issues to be submitted.
- The procedures to be followed in the use of an advisory jury shall be the same as those for _________ selected under article forty-one.
advisory jury …. referee… a jury
4212- Advisory Jury; Referee to Report
When no issues remain to_______ the court shall render a decision directing judgment in an action
be tried
4213- Decision of the Court
- Before the case is finally submitted, the court shall afford the parties an opportunity to submit requests for ___________
- Each request shall be _______ and so phrased that the court may conveniently pass on it.
- The decision of the court may be ________ or _________ and shall state the facts it deems essential
findings of facts.. numbered …… oral ……. in writing
4213- Decision of the Court
In any action to recover damages for personal injury, injury to property or wrongful death, a decision awarding damages shall include elements of ____________ and ___________ and the amount of award assigned to each element.
- Ex: Loss of earnings, medical expenses,pain and suffering etc. Future damages shall be itemized
special and general damages
4213- Decision of the Court
The decision of the court shall be rendered within _______ after the matter is finally submitted or after a motion whichever is later, unless the parties agree to extend the time
SIXTY (60) DAYS
4301- Powers of Referee to Determine
A referee’s powers under this section shall be the powers of the court EXCEPT:
- The power to ______ himself of his duties (not in the bathroom, folks. Get your head in the game!)
- To appoint a ________
- To adjudge any person except a _______ before him, guilty of contempt
- (The term referee shall also include “_____________”)
Relieve ……. successor……. judicial hearing officer)
4311- Order of Reference
- An order of reference directs the referee to determine the entire action or specific issues, perform acts or receive and report evidence only.
- It may specify or limit the powers of the referee and the time for the filing of his report and may fix a time and place for the hearing
4311- Order of Reference
- An order of reference directs the referee to determine the entire action or specific issues, perform acts or receive and report evidence only.
- It may specify or limit the powers of the referee and the time for the filing of his report and may fix a time and place for the hearing
4312- Number of Referees; Qualifications
The court may designate either _______ or ________ referees; in the case of a JHO as a referee there shall be _________
ONE or THREE …………. only ONE
4312- Number of Referees; Qualifications
Except upon consent of the parties, referees appointed shall be ________ in good standing.
attorneys
4312- Number of Referees; Qualifications
Where a referee may be designated by _________ , they may designate __________ of referees.
the parties ……. any number
4312- Number of Referees; Qualifications
- Generally a person to whom all the parties object may not be designated as a referee, this is not the case however in ________ actions
- (Bard) In matrimonial actions, a referee nominated by a party cannot be appointed to determine an issue but must be a _______ or _____________ referee appointed by the chief administrator of the courts.
matrimonial……….. JHO……… special
4312- Number of Referees; Qualifications
No person shall serve as referee if they hold the position of:
- Court ______ or _________
- ________ or _________ to a judge
- A ________ or _________ to an attorney for a party in the action or occupies the same office as the attorney
Clerk or Clerk….. Secretary or Stenographer……… partner or clerk
4312- Number of Referees; Qualifications
A ______ shall not serve as a referee in a court in which he is a ______ , except by written consent of the parties and without compensation
Judge …… judge