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CPLR > CPLR Article 22 > Flashcards

CPLR Article 22 Flashcards

1
Q

Generally, the court in which an action is pending (may/must) grant a stay of proceedings in a proper case upon such terms as may be just.

A

May (CPLR 2201)

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2
Q

A motion is an application for ______

A

an order (CPLR 2201)

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3
Q

The ____________ may make rules for hearing supreme court motions in a county court (where no supreme court trial term or special term is in session in that county.)

A

chief administrator of the courts (CPLR 2212)

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4
Q

An ex-parte motion in a county court action may be made without notice before a motion term of the county court, or before the county judge out of court in _____________.

A

any county in the state (CPLR 2213)

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5
Q

Generally, if no motion term is being held and no county judge is available, motions may be made in supreme court or, upon order to show cause granted by supreme court justice, before a supreme court judge out of court in the judicial district where the action is triable, or in an _________ county where the actions is triable.

A

Adjoining (CPLR 2213)

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6
Q

Each party shall furnish to the court all papers served ____him

A

By (CPLR 2214)

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7
Q

An order to show cause in an article 78 proceeding must be served on defendants/respondents body or officers and ____________ in county in which venue of action is designated.

A

an assistant attorney general (CPLR 2214)

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8
Q

T/F? Court may order that issue of fact in a motion be tried separately by the court or referee.

A

True (CPLR 2219)

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9
Q

An order on a motion made on supporting papers must be in writing and must have ______ of papers used in the motion.

A

Recitation (CPLR 2219)

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10
Q

Appellate court order may be signed by __________ or __________ in absence or disability of the judge.

A

clerk; deputy clerk (CPLR 2219)

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11
Q

Service of an order shall be made by serving a _____ of the order

A

Copy (CPLR 2220)

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12
Q

Generally, motion on notice in a supreme court action shall be noticed to be heard in the judicial district where the action is triable or ____________.

A

in a county adjoining the county where the action is triable (CPLR 2212)

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13
Q

Ex-parte motion in a supreme court action shall be made at motion part or justice out of court in ______________.

A

any county within the state (CPLR 2212)

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14
Q

A motion must be served at least __ days before time noticed to be heard.

A

8 (CPLR 2214)

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15
Q

If motion is served at least 16 days before, answer must be served ____ days before if motion specifies

A

7 days (CPLR 2214)

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16
Q

A cross motion must be served at least __ days before time motion is noticed to be heard

A

3 (CPLR 2215)

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17
Q

Any motion may/shall be referred to a judge who decided a prior motion in the action.

A

May (CPLR 2217)

18
Q

Order deciding a final remedy must be made within __ days after motion is submitted for decision

A

60 (CPLR 2219)

19
Q

T/F? An order determining a motion relating to a provisional remedy shall be made within 30 days after the order is submitted for decision.

A

False (CPLR 2219)

20 days

20
Q

Generally, a motion affecting a prior order may/shall be made to the judge who signed the order.

A

Shall (CPLR 2221)

21
Q

T/F? a motion for leave to reargue shall not contain any new facts

A

True (CPLR 2221)

22
Q

A motion for leave to reargue shall be made within __ days after service of copy of order and written notice of its entry.

A

30 (CPLR 2221)

23
Q

T/F? A motion for leave to renew shall be based on new facts or new law not offered in the prior motion which would change the prior determination.

A

True (CPLR 2221)

24
Q

T/F? A combined motion to reargue and motion for leave to renew may not be made

A

False (CPLR 2221)

25
Q

A motion on notice is made when the motion or order to show cause is ______.

A

Served (CPLR 2211)

26
Q 
A motion on notice is made when a notice of the motion or an order to show cause is 
A. filed 
B. served 
C. answered 
D. decided by the judge
A

B. served (CPLR 2211)

27
Q

A motion on notice in a supreme court action shall be noticed to be heard
A. in that supreme court only
B. in a supreme court in any county of the state
C. in the judicial district where the action is triable or in a county
adjoining the county where the action is triable
D. none of the above

A

C. (CPLR 2212)

in the judicial district where the action is triable or in a county adjoining the county where the action is triable

28
Q

An ex-parte motion in a county court action may be made without notice before a motion term of the county court, or before the county judge out of court _____________.
A. in any adjoining county only
B. in any county in the judicial district only
C. in any county in the state
D. none of the above

A

C. in any county in the state (CPLR 2213)

29
Q

Which of the following choices is not correct: An order on a motion made on supporting papers must be in writing and must have
A. signature of judge who made the order
B. name of court
C. name and place where signed
D. recitation of papers used in the motion
E. determination or direction, as judge deems proper

A

A. signature of judge who made the order (CPLR 2219)

30
Q 
A notice of motion and supporting affidavits shall be served at least \_\_ days before time at which motion is scheduled and answering affidavits must be served at least \_\_ days before such time 
A. 2...1 
B. 3...1 
C. 7...1 
D.8...2
A

D. 8…2 (CPLR 2214 (b))

31
Q 
If notice of motion is served at least \_\_\_ days before hearing time and notice so demands, answering affidavits must be served at least \_\_ days before hearing time 
A. 3..1 
B. 5..3 
C. 16...7 
D. 8...3
A

C. 16…7 (CPLR 2214 (b))

32
Q 
Order to show cause against a body or officer in addition to being served on respondent must also be served on 
A. mayor's office 
B. officer of the comptroller 
C. assistant attorney general 
D. none of the above
A

C. assistant attorney general (CPLR 2214 (d))

33
Q 
An order determining a motion relating to a \_\_\_\_\_\_\_ remedy shall be made within \_\_\_ days after motion i submitted for decision 
A. final...10 
B. provisional...20 days 
C. final...30 days 
D. temporary...60 days
A

B. provisional…20 days (CPLR 2219)

34
Q 
Service oaf an order shall be made by 
A. serving the original order 
B. serving the original order and one copy 
C. serving a copy of the order 
D. none of the above
A

C. serving a copy of the order (CPLR 2220)

35
Q 
A motion on notice must specify 
1. time and place of hearing on motion 
2. supporting papers upon which motion is based 
3. history of the case 
A. 1, 2 and 3 
B. 1 and 2 
C. 1 and 3 
D. 2 and 3
A

B. 1 and 2 (CPLR 2214)

36
Q

Which of the following is not correct? Order on motion made on supporting papers must be in writing and have:
A. signature or initials of clerk who made the order
B. name of court and name and place where signed
C. recitation of the papers used in the motion
D. determination or direction, as judge deems proper

A

A. signature or initials of clerk who made the order (CPLR 2219)

37
Q

Which of the following 2 statements are correct? A motion to reargue
1. shall be identified specifically as a motion to reargue
2. shall be based on new facts or new law not offered in prior motion
which would change prior determination
A. 1
B. 2
C. Both 1 and 2
D. neither 1 nor 2

A

A. 1 (CPLR 2221)

38
Q 
A motion on notice is made when a notice of the motion or order to show cause is 
A. filed 
B. verified 
C. served 
D. exemplified
A

C. served (CPLR 2212)

39
Q

Choose the best answer: A motion on notice in an action in the supreme court shall be noticed to be heard
A. in the judicial district where the action is triable
B. in any county adjoining the county where the action is triable
C. Both A and B
D. neither A nor B

A

C. Both A and B (CPLR 2212)

40
Q

A motion on notice in an action in the supreme court that may be made without notice may be made at
A. a motion term in any county in the state
B. a justice out of court in any county in the state
C. neither A nor B
D. either A or B

A

D. either A or B (CPLR 2212 (b) & (c))

41
Q

A motion that can be made without notice relating to an action in county court may be made
A. before a motion term of the county court
B. before any county judge out of court in the state
C. both A and B
D. neither A nor B

A

C. both A and B (CPLR 2213(a) & (c))

CPLR (29 decks)

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