CPLR Article 43

Question 1

A referee to determine an issue or perform an act cannot

1. relieve himself of his duties
2. appoint a successor
3. _______________________

Answer 1

adjudge any person except a witness in front of him guilty of contempt
(CPLR 4301)

Question 2

T/F? A court may designate any number of referees in a case

Answer 2

False (CPLR 4312)

only 1 or 3

Question 3

When parties designate a referee, they may designate how many referees?

Answer 3

Any number of referees (CPLR 4312)

Question 4

T/F? In a non-matrimonial action a court clerk may serve as referee

Answer 4

False (CPLR 4312)

Question 5

The following cannot serve as referees

1. court clerk or clerk (In uncontested matrimonial action may be appointed by administrative judge to serve without fee for purpose of hearing and reporting to the court.)
2. secretary or stenographer to a judge
3. partner or clerk of attorney OR party occupying same office as attorney
4. a judge in the same court as he is sitting, except _________________

Answer 5

by written consent of parties and judge not receiving any compensation as referee (CPLR 4312)

Question 6

Generally, a referee must schedule first hearing date within ___ days of order of reference

Answer 6

20 (CPLR 4313)

Question 7

T/F? a majority of referees may decide a question

Answer 7

True (CPLR 4316)

Question 8

A referee shall file his decision within ___ days after the matter is finally submitted

Answer 8

30 (CPLR 4318)

Question 9

T/F? Referee to report shall conduct trial in same manner as a court trying an issue without a jury

Answer 9

True (CPLR 4320)

Question 10

Referee must file report (and transcript of testimony and exhibits) within __ days after matter is finally submitted

Answer 10

30 (CPLR 4320)

Question 11

A referee to determine an issue or perform an act cannot
1. relieve himself of his duties
2. appoint a successor
3. adjudge any person except a witness in front of him guilty of contempt
A. 1
B. 2 and 3
C. 1 and 3
D. All are correct

Answer 11

D. All are correct (CPLR 4301)

Question 12

Court may designate \_\_\_ or \_\_\_ referees
A. 1, 2 or 3
B, 2 or 3
C. 1 or 3
D. 3 or 4

Answer 12

C. 1 or 3 (CPLR 4312)

Question 13

The following cannot serve as referees
1. court clerk or clerk
2. secretary or stenographer to a judge
3. partner or clerk of attorney for a party or person who occupies same office as such attorney
A. 1
B. 1 and 3
C. 2 and 3
D 1, 2 and 3

Answer 13

D 1, 2 and 3 (CPLR 4312)