CPLR Article 30

Question 1

T/F? If required publication cannot be completed in a newspaper because of suspension or termination of that newspaper, publication must be completed in any other newspaper that complies with statute, rule or order without further court order.

Answer 1

False (CPLR 2401)

Question 2

T/F? There shall be no other pleadings other than those listed in CPLR Article 30 unless the court orders otherwise.

Answer 2

True (CPLR 3011)

Question 3

Service of a complaint shall be made within ______ days after service of the demand for a complaint

Answer 3

30 (CPLR 3012)

Question 4

The 3 pleadings relating to actions are:

Answer 4

Complaint, answer, reply (CPLR 3011)

Question 5

A defendant’s pleading against someone not already a party is _______.
Third party complaint (CPLR 3011)

Answer 5

Third party complaint (CPLR 3011)

Question 6

Service of a complaint after service of the summons extends the time to answer to ___ days after the service of the complaint.

Answer 6

20 (CPLR 3012)

Question 7

T/F? In any medical, dental, and podiatric malpractice action, the complaint shall be accompanied by a certificate, executed by the attorney of the defendant.

Answer 7

False (CPLR 3012-a)

Question 8

T/F? A certificate of merit is not required in any residential foreclosure actions.

Answer 8

False (CPLR 3012-b)

Question 9

If party is a domestic corporation, the verification shall be made by _________.

Answer 9

Officer of the corporation (CPLR 3020)

Question 10

If The Clover is s foreign corporation, the verification may be made by _______.

Answer 10

The agent or attorney (CPLR 3020)

Question 11

A motion to correct a pleading shall be served within ____ days after service of the challenged pleading. If motion is denied, responsive pleading shall be served within ____ days after service of notice of entry of order.

Answer 11

20; 10 (CPLR 3024)

Question 12

A party may amend his pleading once without leave of court within __ days after its service, or any time before period for responding to it expires, or within __ days after service of a pleading responding to it.

Answer 12

20; 20 (CPLR 3025)

Question 13

T/F? In simplified procedure for court determination of disputes, an action may be commenced without service of a summons.

Answer 13

True (CPLR 3032)

Question 14

Bill of particulars shall be served within __ days of service of demand for a bill of particulars.

Answer 14

30 (CPLR 3042)

Question 15

Which of the following choices is not correct?
A. There shall be s complaint and an answer
B. An answer may include a counterclaim against a plaintiff, and a cross-claim
against a defendant
C. A defendant’s pleading against another claimant is a complaint
D. A defendant’s pleading against a person not already a party is s third party
complaint

Answer 15

C. A defendant’s pleading against another claimant is a complaint (CPLR 3011)

Question 16

Service of answer or reply shall be made within \_\_ days after service of pleading to which it responds
A. 10
B. 20
C. 30
D. 35

Answer 16

B. 20 (CPLR 3012)

Question 17

If the summons and complaint are not personally delivered to the defendant within the state but served by some other methods, the time to answer shall be \_\_ days after service is complete
A. 10
B. 20
C. 30
D. 35

Answer 17

C. 30 (CPLR 3012)

Question 18

Choose the best answers. If a party is a corporation, a complaint must state
A. That the party is a corporation
B. The state, country, or government by whose laws it was created
C. Both A and B
D. The name of the president of the corporation

Answer 18

A. That the party is a corporation (CPLR 3015)

Question 19

A bill of particulars must be served within 30 days of \_\_\_\_\_\_\_\_\_\_\_\_.
A. Service of summons
B. Service of a summons and complaint
C. Demand to arbitrate
D. Demand for bill of particulars

Answer 19

D. Demand for a bill of particulars (CPLR 3042)

Question 20

Generally, where the party is a domestic corporation, pleading by corporation must be verified by
A. The attorney for the corporation
B. Any employee of the corporation
C. Any officer of the corporation
D. None of the above

Answer 20

C any officer of the corporation (CPLR 3020)

Question 21

Where a motion to correct a pleading is denied, service of a responsive pleading must be done within 10 days after \_\_\_\_\_\_\_\_\_\_\_\_\_.
A. Motion is denied
B. Order is entered
C. Service of notice of entry of order
D. Demand for s responsive pleading

Answer 21

C. Service of notice of entry of order (CPLR 3024)

Question 22

The court may permit a party to amend pleadings to conform to the evidence
A. Only before trial commences
B. Before or after judgment
C. Only before judgment
D. None of the above

Answer 22

B. Before or after judgment (CPLR 3025)

Question 23

Where any party is a corporation, the \_\_\_\_\_\_\_\_\_\_ shall so state
A. Attorney
B. Reply
C. Complaint
D. None of the above

Answer 23

C. Complaint (CPLR 3015)

Question 24

T/F? The district court may render a declaratory judgment having the effect of a final judgment

Answer 24

False (CPLR 3001) Supreme Court