CPLR Article 4

Question 1

The adverse party in a special proceeding is called the ________.

Answer 1

Respondent (CPLR 401)

Question 2

A petition in a special proceeding shall comply with the requirements for a ________ in an action.

Answer 2

Complaint (CPLR 402)

Question 3

The (petition/notice of petition) shall specify the time and place of the hearing.

Answer 3

Notice of petition (CPLR 403)

Question 4

The court may grant an _____ to be served, in lieu of s petition at a time and in a manner specified.

Answer 4

Order to show cause (CPLR 403)

Question 5

T/F The court may sever a claim or counterclaim.

Answer 5

True (CPLR 407)

Question 6

T/F generally, in a special proceeding, leave of the court is not required for disclosure.

Answer 6

False (CPLR 408)

Question 7

T/F The court shall make a summary determination upon the pleadings, papers and admissions to the extent that no triable issues of fact are raised.

Answer 7

True (CPLR 409)

Question 8

T/F the court, when making a determination on relief requested in a special proceeding may make any orders permitted in a motion for summary judgment.

Answer 8

True (CPLR 409)

Question 9

In an action a summons and ______ are used.

Answer 9

Complaint (CPLR 402)

Question 10

In a special proceeding a petition and _____ are used.

Answer 10

Notice of petition (CPLR 402)

Question 11

Notice of petition must be served at least ____ before hearing time.

Answer 11

8 days (CPLR 403)

Question 12

If notice of petition is served at least 12 days before hearing, answer must be served at least _____ before hearing if notice of petition so specifies.

Answer 12

7 days (CPLR 403)

Question 13

Motions in a special proceeding, made before the time at which the petition is noticed to be heard, shall be heard noticed to be heard _____.

Answer 13

At that time (CPLR 406)

Question 14

A petition in a special proceeding shall comply with the requirements for a \_\_\_\_\_\_ in an action.
A. Summons
B. Answer
C. Objection
D. Complaint

Answer 14

D. Complaint (CPLR 402)

Question 15

Motions in a special proceeding, made before the time at which the petition noticed to be heard, shall be noticed to be heard ___________.
A. At least 8 days after motion was served
B. At least 12 days after motion was served
C. At the time the petition is noticed to be heard
D. None of the above

Answer 15

C. At the time the petition is noticed to be heard (CPLR 406

Question 16

In a special proceeding trial, if triable issues of fact are raised, they shall be tried:
A. Within 10 days
B. Forthwith
C. At the conclusion of the petitioners case
D. Within 30 days

Answer 16

B. Forthwith (CPLR 410)

Question 17

If the motion to correct a pleading in a special proceeding is granted, the party who made the motion shall serve and file his answer within \_\_ days of service of the amended pleading. If the motion is denied, he shall file his answer within \_\_ days of service of the order denying the motion with notice of entry.
A. 5...2
B. 5...7
C. 8...2
D. 7...2

Answer 17

A. 5…2 (CPLR 405)

Question 18

The parties in a special proceeding are called
A. Claimant and respondent
B. Plaintiff and defendant
C. Petitioner and respondent
D. Petitioner and defendant

Answer 18

C. Petitioner and respondent (CPLR 401)

Question 19

Which of the following relating to special proceeding is false?
1. Permission of court is needed to interplead a party once
proceeding has commenced.
2. Permission of court is needed to join a party once a proceeding
has commenced.
3. Once a special proceeding is commenced, third party can be
brought in without court permission
A. 1 only
B. 2 only
C. 3 only
D. 1 and 3 only are false

Answer 19

C. 3 only (CPLR 401)

Question 20

If a notice of petition is served at least 12 days before hearing, answer must be served 7 days before hearing if notice of petition so demands. Any reply must be served at least \_\_\_ day before hearing time 
A. 1 
B. 2 
C. 3 
D. None of the above

Answer 20

A 1 (CPLR 402)