CPLR Article 11

Question 1

The court in its poor person order (may? / must?) assign attorney

Answer 1

May (CPLR 1102)

Question 2

A poor person (may? / must?) submit typed briefs or appendices to the appellate court

Answer 2

May (CPLR 1102)

Question 3

T/F A poor person is always liable for costs

Answer 3

False (CPLR 1102)

Question 4

T/F in no event shall an inmate be prohibited from proceeding for the reason that he has no assets and no means by which to pay the initial partial filing fee

Answer 4

True (CPLR 1101)

Question 5

T/F person represented by legal aid society is automatically granted poor person status

Answer 5

False (CPLR 1101)

Question 6

Eligible inmates may commence an action by paying s reduced filing fee of not less than ____ dollars nor more than __ dollars

Answer 6

15…50 (CPLR 1101(f))

Question 7

Recovery by a poor person shall be paid to ______

Answer 7

Clerk of the court until distribution is specified a court order (CPLR 1101)

Question 8

T/F Permission to proceed as poor person may only be granted by court where action is triable

Answer 8

False (CPLR 1101)

Question 9

T/F A party who earns $300 or more per week is not eligible for poor person status

Answer 9

False (CPLR 1101)

Question 10

If application for poor person is denied in Supreme Court, action will be dismissed if fee is not paid within __ days.

Answer 10

120 (CPLR 1101)

Question 11

T/F A motion is needed for s person to be allowed to proceed as a poor person

Answer 11

False (CPLR 1101)

Question 12

Recovery by poor person shall be paid to clerk of the court where ___________ to await distribution pursuant to court order

Answer 12

Poor person order was entered (CPLR 1103)

Question 13

Recovery by poor person shall be paid to clerk of court \_\_\_\_\_\_\_ was entered to await distribution pursuant to court order.
A. Where poor person resides
B. Where poor person is domiciled
C. The poor person order was entered
D. None of the above

Answer 13

C. The poor person order was entered (CPLR 1103)

Question 14

When a person is represented by a legal aid society or a legal service or other non-profit organization (which has made a determination that the person is unable to pay costs and fees) the fee:
A. Is waived automatically
B. Will be waived upon the attorneys certification that such is the case
C. Shall not be less than 15 dollars nor more than 50 dollars, as determined by
the court
D. None of the above

Answer 14

B. Will be waived upon the attorneys certification that such is the case
(CPLR 1101)

Question 15

Which of the following is false?
A. In a poor person order, the court must assign an attorney
B. In an appeal, a poor person may submit typewritten briefs
C. If a poor person does not recover by judgment, he is not liable for fees
D. The court clerk must notify the court stenographer of poor person status

Answer 15

A. In a poor person order, the court must assign an attorney

(CPLR 1102a) It should be may assign

Question 16

Where \_\_\_\_\_\_\_\_ represents a party, such fees and costs are waived without the requirement of a motion for poor person status.
     1. Legal services
     2. Legal aid
     3. Non-profit group which represents indigent persons
A. 1 only
B. 1 and 2
C. 1, 2 and 3
D. 1 and 3

Answer 16

C. 1, 2 and 3 (CPLR 1101)

Question 17

The affidavit in a motion to proceed as a poor person must contain all of the following, except:
A. The amount of poor person’s income
B. The source of poor person’s income
C. Statement that poor person is able to pay costs and fees
D. Whether any other person is beneficially interested in the recovery sought

Answer 17

C. Statement that poor person is able to pay costs and fees (CPLR 1102)

Question 18

When a poor person recovers money on a settlement or on a judgement, the money must be paid to \_\_\_ who shall distribute the money according to a court order.
A. Clerk of the court
B. Attorney for plaintiff
C. Attorney for poor person
D. NYS Finance Administrator

Answer 18

A. Clerk of the court (CPLR 1103)

Question 19

Choose the best answer: a motion to proceed as a poor person may be made
A. In a trial court
B. In court where appeal has been or will be taken
C. A or B
D. Neither A nor B

Answer 19

C. A or B (CPLR 1101)

Question 20

If the court determines that \_\_\_\_\_ has insufficient means to pay the full filing fee, the court may permit him to pay a reduced filing fee, the minimum of which shall not be less than $15 and maximum of which shall not be more than $50.
A. Any plaintiff
B. Any petitioner
C. Any inmate
D. Any claimant or any plaintiff

Answer 20

C. Any inmate (CPLR 1101)