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CPLR > CPLR Article 21 > Flashcards

CPLR Article 21 Flashcards

1
Q

T/F? Each paper files or served must have a caption that includes the venue

A

True (CPLR 2101)

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2
Q

Each paper served or filed must be indorsed with name, address and _____________ of the attorney

A

Telephone number (CPLR 2101)

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3
Q

T/F? Unless otherwise prescribed, copies of papers may be served or filed

A

True (CPLR 2101)

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4
Q

If service of a paper cannot be made as per 2103, service may be made by ____________.

A

Filing the paper as if it were required to be filed (CPLR 2103)

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5
Q

T/F? Papers served of filed or filed electronic means shall be capable of being reproduced by the receiver so as to comply with CPLR 2101

A

True (CPLR 2101)

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6
Q

A party served with a paper is deemed to have waived objection to any defect in form unless he returns the paper with a statement of the objection within __ days of service of paper.

A

15 (CPLR 2101)

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7
Q

Who may serve papers in a civil action?

A

Any one over the age of 18 who is not a party to the action (CPLR 2103)

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8
Q

When a paper is served by mail, how many days are added?

A

5 days (CPLR 2103)

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9
Q

When a paper is served by overnight mail, how many days are added?

A

1 business day (CPLR 2103)

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10
Q

Can service of a paper be made by leaving it in attorney’s home mailbox?

A

No (CPLR 2103)

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11
Q

An agreement relating to any matter in an action made by parties, other than by counsel in open court, is not binding unless:

A

1) it is in writing and subscribed by him or his attorney, or
2) it is reduced to the form of an order and entered (CPLR 2104)

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12
Q

Who may file an affirmation instead of an affidavit?

A

Attorney, physician, osteopath, dentist, a person physically located outside the US and its territories (CPLR 2106)

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13
Q

Unless otherwise prescribed, each paper served or filed shall be of what size?

A

8 and a half by 11 inches (CPLR 2101)

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14
Q

Name 7 exceptions to the 8 and a half by 11 inch rule.

A

Summonses, Order of protection, Notices of appearances, Notes of issue, Exhibits, TOP, Subpoenas (SONNETS) (CPLR 2101)

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15
Q

T/F? Papers filed must be in the English language.

A

True (CPLR 2101)

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16
Q

T/F? In all papers, all the names of the parties must be listed in the caption.

A

False (CPLR 2101)

17
Q

Et ano means __________________. Et al means _________________.

A

And one other; And others (CPLR 2101)

18
Q

Which of the following is not correct? Each paper served or filed must begin with a caption stating
A. The name of the court
B. The venue
C. The title of the action
D. The name of the attorney
E. The nature of the paper
F. The index number of action, if one has been assigned

A

D. The name of the attorney (CPLR 2101)

19
Q

Which of the following statements relating to examples 1 and 2 are correct?
1. John smith et ano means John smith and one other
2. John smith et al can mean John smith and 16 others
A. Only 1
B. Only 2
C. Both are correct
D. Both are false

A

C. Both are correct (CPLR 2101)

20
Q 
Where the period of time prescribed by law is measured from the service of a paper and service is by mail, \_\_ days shall be added to the prescribed period.
A. 2
B. 4
C. 5
D. 7
A

C. 5 (CPLR 2103)

21
Q 
In any civil proceeding the court may on its own motion or on motion of any party authorize any party to keep their residential or business adders confidential from other parties and pleadings. In such cases, the court shall designate the \_\_\_\_\_\_\_\_\_\_\_\_\_\_ or other person as agent for service of process for the party (who shall timely forward such process to the person whose address is confidential.
A. Attorney for the plaintiff
B. The judge
C. Clerk of the court
D. Court attorney
A

C. Clerk of the court (CPLR 2103-a)

22
Q

Which of the following 3 statements are correct? A. Agreement made between parties or their attorneys relating to any matter in an action is not binding unless
1. It was made between counsel in open court
2. It is in writing and subscribed by him or his attorney
3. It is reduced to the form of an order and entered
A. 1
B. 1 and 2
C. All are correct
D. None are correct

A

C. All are correct (CPLR 2106)

23
Q

Where a certified paper is required by law, an attorney
A. May certify he has compared it to original and found it to be true copy
B. May demand a certified copy without fee from the clerk
C. May not enter the original in evidence
D. May demand a certified copy without payment of a fee

A

A. May certify be and compared it to original and found it to be true copy
(CPLR 2105)

24
Q

Following may serve or file affirmation in an action in lieu and with same force and effect as affidavit, except
A. An attorney
B. A physician or dentist
C. A plumber who is physically located in a US state
D. An osteopath

A

C. A plumber physically located in US state (CPLR 2106(b))

25
Q

Which of the following choices is not correct? An agreement made between Parties or their attorneys relating to any matter in an action is not binding unless
1. It was made between counsel in open court
2. It is oral and agreed upon
3. It is reduced to the form of an Order and entered
A. None are correct
B. Only 2 and 3
C. Only 1 and 2
D. Only 2

A

D. Only 2 (CPLR 2104)

26
Q

Each Paper filed (must/may) be in the English language

A

Must (CPLR 2101)

27
Q

Which of the following is not correct? Each paper served or filed must begin with a caption which must include
A. the name of the court and venue
B. the title of the action and nature of paper
C. index number of action, if one has been assigned
D. name of attorney

A

D. name of attorney (CPLR 2101)

28
Q

Which of the following is not an exception to rule that papers served or filed must be 8 and a half by 11 inches?
A. summonses and subpoenas
B. answer
C. notice of appearance and note of issue
D. exhibits

A

B. answer (CPLR 2101)

29
Q 
If a party appears pro-se, each paper filed must have all of the following, except
A. name of party
B. address of party
C. telephone number of party
D. address of attorney of party
A

D. address of attorney of party (CPLR 2101)

30
Q 
The title of a paper must contain all the names of the parties in all of the following papers, except
A. summons
B. complaint
C. judgment
D. answer
A

D. answer (CPLR 2101)

31
Q

Unless otherwise prescribed by law, who can serve papers in a civil action?
A. anyone 18 or over who is not a party
B. any party over 18
C. any person of suitable age and discretion
D. none of the above

A

A. anyone 18 or over who is not a party (CPLR 2103)

32
Q

Service of papers upon an attorney can be made by any of the following methods, except
A. by electronic means upon the party’s written consent
B. by mailing to the address designated by attorney
C. by leaving the paper in attorney’s home mail box
D. by leaving paper in attorney’s office drop box, if office is closed

A

C. by leaving the paper in attorney’s home mailbox (CPLR 2103)

CPLR (29 decks)

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