CPLR Article 34

Question 1

Any party may place a case on the calendar by filing with the clerk 2 copies of a note of issue and proof of service within __ days after service upon the other party.

Answer 1

10 (CPLR 3402)

Question 2

Unless a preference is granted, civil cases shall be tried in the order in which ___ have been filed.

Answer 2

Notes of issue (CPLR 3403)

Question 3

T/F? Preference shall be granted in any action in which attorney is over the age of 70.

Answer 3

False (CPLR 3403)

Question 4

Name all 6 trial preferences:

Answer 4

1. By or against the state, political subdivision of the state, etc.
2. Where provided by statute
3. In the interests of justice
4. Application of party who has reached the age of 70 years
5. A medical, dental, or podiatric malpractice case
6. An action in which patient is terminally ill allegedly as a result of defendant
   (CPLR 3403)

Question 5

A case marked off and not restored within ___ shall be deemed abandoned.

Answer 5

1 year (CPLR 3404)

Question 6

Notice of medical malpractice action must be filed within __ days after issue is first joined.

Answer 6

60 (CPLR 3406)

Question 7

Except where a preference is granted, cases shall be tried on the order that 
A. Affidavit of service is filed 
B. Answer is filed 
C. Notes of issue are filed 
D. Summons was served

Answer 7

C. Notes of issue are filed (CPLR 3403)

Question 8

Which of the following actions is not entitled to a trial preference
A. Action brought by the state
B. Action where preference is not provided by statute, but plaintiff is
62 yrs old
C. Medical malpractice action or application of party at least 70 yrs old
D. Action against that state

Answer 8

B. Action where preference is not provided by statute, but plaintiff is 62 yrs old (CPLR 3403)

Question 9

Generally, the motion for a preference shall be served with note of issue by party serving note of issue or by any other party within \_\_ days of such service 
A. 10 
B. 20 
C. 30 
D. 15

Answer 9

A. 10 (CPLR 3403)

Question 10

In Supreme and county courts, a case marked off or struck from the calendar and not restored within 1 year shall be deemed \_\_\_\_\_\_\_\_.
A. Active 
B. Restored 
C. Abandoned 
D. None of the above

Answer 10

C. Abandoned (CPLR 3404)

Question 11

Irrespective of joinder of issue, a case may be placed on the calendar by either party at least \_\_ days after service of summons 
A. 10 
B. 20 
C. 30 
D. 40

Answer 11

D. 40 (CPLR 3402)

Question 12

A party who brings in a new party must within five days serve upon that party a note of issue. The party bringing in the new party must also file a statement with the clerk and serve upon all other parties who have appeared in the action a statement advising them that
1. New party has been brought into the action
2. Any change in the title of action
3. Proof of Service of note of issue on new party
4. Proof of service of statement upon all other parties
A. 1, 2 and 3
B. 1, 3 and 4
C. 2, 3 and 4
D. All of the above

Answer 12

D. All of the above (CPLR 3402)

Question 13

Generally, timetable for disclosure in a medical malpractice action, established at pre-trial conference, shall provide for completion of discovery no later than \_\_ months of above notice of action, and that all parties be ready for trial within \_\_ months of above notice of action 
A. 8...12 
B. 12...18 
C. 12...18 
D. 8...15

Answer 13

B. 12…18 (CPLR 3406)

Question 14

In personal injury actions involving terminally ill parties whose illness is a result of defendant’s conduct may request an expedited preliminary conference and timetable. Generally:
1. Preliminary conference shall be held within 29 days after filing of
the request
2. Discovery is to be completed within 90 days after the
preliminary conference
3. Trial is to be commenced within ________ of judges order
(made at preliminary conference)
A. 6 months
B. 9 months
C. 1 year
D. 15 months

Answer 14

C. 1 year (CPLR 3407)

Question 15

Any party may place a case on the calendar after issue is first joined or after __ days have passed since service of the summons has been completed.

Answer 15

40 (CPLR 3402)