CPLR ART 80 VOLUME 1 Flashcards
8001- Persons Subpoenaed
A person whose attendance is compelled by subpoena whether testimony is taken or not shall receive for each days attendance _____________ and an additional _______ as travel expenses per mile, however there shall be no mileage fee for travel wholly within a city, in other words you will not be reimbursed for the subway to get from Queens to Brooklyn to testify
FIFTEEN DOLLARS………. .23 cents
8001- Persons Subpoenaed
If a person is subpoenaed for an __________ , they shall receive an additional ___________ for each days attendance
examination before trial (EBT).. THREE DOLLARS
8001- Persons Subpoenaed
When the preparation of a transcript of record is required, the person subpoenaed shall receive an additional fee of _________ per folio upon demand
.10 cents
8002- Stenographers
A stenographer is entitled to a fee as set forth in the rules promulgated by the chief administrator of the courts for a transcript of their stenographic notes
8002- Stenographers
A stenographer is entitled to a fee as set forth in the rules promulgated by the chief administrator of the courts for a transcript of their stenographic notes
8003- Referees
Referees are entitled for each day spent _________ for their work unless a different amount is fixed by the court or by the consent of the parties
FIFTY DOLLARS
8003- Referees
A Referee appointed for the sale of real property is allowed the same fees and disbursements as those allowed to a _________
Sheriff
8003- Referees
Where a referee is required to take security upon a sale, or to distribute, apply or ascertain and report upon the distribution or application of any of the proceeds of the sale, they are also entitled to _______ of the commissions upon the amount secured
one-half
8003- Referees
A referee’s compensation including commissions upon a sale pursuant to a judgment in any action cannot exceed ___________ DOLLARS, unless the property sold for _____________ DOLLARS or more, then it is in the discretion of the court
500……….. 50,000
8004- Commissions of Receivers
Receivers are entitled to commissions not exceeding ______ upon the sums received and disbursed by him. A minimum sum payable to the receiver of _________ may be set by the court.
Hint:Think of the Roman numeral for 5. “V” - Receiver
5.00%……….. $100.00
8005- Commissions of Trustees
The commission for trustees shall be based in the same manner and amount as provided for testamentary trustees in the ___________
Surrogate’s Court Procedure Act
8006- Premiums on Undertakings by Fiduciaries
Fiduciary premiums should not exceed _________ per annum on the amount of their undertaking.
1.00%
Hint: “F1duc1ary”
8007- Printers
Proprietors of newspapers are entitled to compensation for publishing summons,notice or other court orders and can get __________ cents per line they print or more based on the size of the circulation of the newspaper they are publishing
0.29
8008- Fees and Expenses of Officer to be Paid
Each provision of law requiring a judge, clerk or other officer to transmit a paper to another officer for the benefit of a party shall be an expense to the _______ party
benefiting
8010- County Treasurers
County treasures are entitled to
________ of money paid out of court by him
2%
8010- County Treasurers
County treasures are entitled to
________ of money invested by him,
0.50%
8010- County Treasurers
County treasures are entitled to
_________ of the par value of investments transferred or assigned out of court by him, when the investments have been made by him;
two percent
8010- County Treasurers
County treasures are entitled to
_______ percent of the par value of securities deposited into court and received by him, to be paid at the time of the deposit by the parties making it; and
two
8010- County Treasurers
County treasures are entitled to
___________ for each certificate issued by him certifying as to the amount of deposit to the credit of court funds.
one dollar
- Mileage fees, poundage fees, additional compensation, and limitation on compensation of sheriffs.
A sheriff is entitled to be reimbursed for mileage at the current _______for serving or executing mandates, attending views, etc.
IRS rate
- Mileage fees, poundage fees, additional compensation, and limitation on compensation of sheriffs.
The sheriff of New York City is entitled to a mileage fee of ____ for mileage traveled wholly within the city. Starting one year after the effective date of the chapter of the laws of 2013, the fee will increase to_______
The mileage reimbursements are payable in advance.
$30.00….. $35.
- Mileage fees, poundage fees, additional compensation, and limitation on compensation of sheriffs.
Poundage fees.
A sheriff is entitled to a poundage of ______ of the sum collected in New York City and ______ of the first ___________ collected in other counties, plus ___________ of the remaining sum collected.
5% …….5%……$250,000 ……… 3%
- Mileage fees, poundage fees, additional compensation, and limitation on compensation of sheriffs.
Poundage fees.
If an attachment is vacated or set aside, the sheriff is entitled to poundage on the value of the property levied upon, up to a maximum of _________ . The party who filed the lawsuit or motion to discharge the attachment is liable to pay the poundage.
$1 million
- Mileage fees, poundage fees, additional compensation, and limitation on compensation of sheriffs.
A sheriff may also be awarded reasonable __________ fees and _________ costs.
Attorney’s…. court
- Expenses of sheriffs.
A sheriff is entitled to reimbursement for ____________ relating to the sale of property seized by judgment paid by him for the publication of a notice of the sale.
printer’s fees
