CPLR Quiz Article 22, 23, 30, & 32 Flashcards by Emily Monsees

CPLR 2211 A motion on notice is made when the motion or order to
show cause is______

Served

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CPLR 2212 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________

in a county adjoining the county where the action is triable

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CPLR 2212 Ex-parte motion in supreme court action shall be made
at motion part or justice out of court in_________

any county within the state

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CPLR 2214 A motion must be served at least____ days before time
noticed to be heard

8 (the answering affidavits must be served at least 2 days before)
answering affidavits and any notice of cross motion, with
supporting papers, if any, shall be served at least 7 days before
such time if a notice of motion served at least 16 days before
such time so demands.

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CPLR 2215 A cross motion must be served at least ____ days before
time motion is noticed to be heard.

3 days. Or 7 days if demand is properly made as per CPLR 2214.
See answer # 4 above for further explanation.

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CPLR 2217 Any motion MAY/SHALL be referred, to a judge who
decided a prior motion in the action.

MAY

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CPLR 2219 Order deciding a final remedy must be made within
______ days after motion is submitted for decision.

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CPLR 2219 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.

FALSE (20 days)

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CPLR 2221 Generally, a motion affecting a prior order MAY/SHALL be
made to the judge who signed the order.

SHALL

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10.CPLR 2221 T/F? A motion for leave to reargue shall not contain any
new facts.

True

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11.CPLR 2221 A motion for leave to reargue shall be made within _____
days after service of copy of order and written notice of its entry.

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CPLR 2221 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.

True

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13.CPLR 2221 T/F? A combined motion to reargue and motion for leave
to renew may not be made.

FALSE

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14.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

C (CPLR 2212)

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15.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 county where the action is triable
C. both A and B
D. neither A nor B

C (CPLR 2212)

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16.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. office of the comptroller.
C. assistant attorney general.
D. none of the above.

C (CPLR 2214(d))

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17.Service of 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.

C (CPLR 2220)

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18.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 & 3 B. 1 & 2 only C. 1 & 3 only D. 2 & 3 only

B (CPLR 2214)

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19.CPLR 2302 A subpoena may be issued without a court order by:
___________ (list of 7)

clerk of the court, 2. Judge (where there is no clerk)
attorney general, 4. an arbitrator, 5. a referee
attorney of record for party to an action, administrative
proceeding or arbitration
member of a board, commission, or committee, authorized by
law

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20.CPLR 2302 To compel attendance of a person confined in a

penitentiary, a _________subpoena is required.

court-ordered (subpoena shall be made on at least one day’s
notice to the person having custody of the record, document or
person confined).

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21.CPLR 2303 A subpoena shall be served in the same manner as
a____________

Summons

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22.CPLR 2303 T/F? A child support subpoena may be served by regular
mail.

True

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CPLR 2303 T/F? After a subpoena is served, proof of service must be filed.

FALSE. Proof of service does not have to be filed in all cases.
Read section

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24.CPLR 2304 A motion to quash or modify a child support. subpoena
(section 11-p of the social services law) may be made to a supreme
court judge or____________

family court judge

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25.CPLR 2306 A subpoena for hospital records must be served at least ____day(s) before time stated for production of records.

3 days

26.CPLR 2307 A subpoena for books, papers, etc. from a library, city department, or state must be served at least _____before time stated for production of records.

24 hours

27.CPLR 2308 To compel compliance with a non-judicial subpoena not returnable in a court, motion may be made in ______ court.

Supreme

28.CPLR 2309 T/F? A clerk is authorized to administer an oath to jurors.

True

29.Which of the following is not correct? A. A subpoena requires the attendance of person to give testimony. B. Subpoena duces tecum can require production of books and other things. C. A subpoena cannot be issued without a court order. D. A subpoena shall be served in same manner as summons.

C (CPLR 2301 - 2303)

30.Which of following may issue a subpoena without a court order? 1. clerk of the court, and an arbitrator 2. judge, and attorney general 3. an attorney of record for party in an action. A. 1 & 2 only B. 1 & 3 only C. 1 only D. 1, 2, & 3

D (CPLR 2302)

31.For which of the following must a subpoena be issued by the court? A. to compel attendance of an incarcerated person B. for the original of a record C. to compel the attendance of a person. D. None of the above.

A (CPLR 2302)

32.A subpoena for hospital records, medical records of department or bureau of a municipal corporation or of the state, must be served at least: _____day(s) before time fixed for production of records. A. 1-day B. 2- days C. 3-days D. 7-days

C (CPLR 2306)

33.A subpoena for books, papers, and other things of a library, department or bureau of a municipal corporations or of the state shall be served at least: _____before time fixed for production of records. A. one day B. three days C. 24 hrs D. 72 hrs

C (CPLR 2307)

34.CPLR 3011 The 3 pleadings relating to actions are: ______ ______ ______

Complaint, Answer, Reply (C-A-R)

35.CPLR 3011 A defendant's pleading against someone not already a party is________

third party complaint

36.CPLR 3012 Service of a complaint after service of the summons extends the time to answer to ___ days after the service of the complaint.

20 days

``` 37.Generally, where 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. ```

C (CPLR 3020)

C (CPLR 3024)

``` 39.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. ```

B (CPLR 3025)

``` 40.Which of the following choices does not correctly pair a pleading with its responsive pleading? A. complaint and answer B. counterclaim and reply C. cross-claim and reply D. interpleader complaint and answer ```

C (CPLR 3011)

41.Choose the best answer. 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.

A (CPLR 3015)

``` 42.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. ```

D (CPLR 3042)

43.CPLR 3211 The court may treat a motion to dismiss a cause of action or defense as one for summary judgment and (MAY or MUST) order immediate trial on issues raised in the motion.

MAY

44.CPLR 3211 Service of motion to dismiss before service of a responsive pleading extends the time to serve the pleading until: ______ days after service of notice of entry of the order.

45.CPLR 3212 After joinder of issue, a party may move for summary judgment up to a date set by the court (not earlier than _______ days after filing the note of issue).

46.CPLR 3211 After joinder of issue, if no final date to move for summary judgment is set by the court, such motion cannot be made later than: ____days after filing of the note of issue (except with leave of the court).

120 days

47.CPLR 3212 Court MAY/SHALL grant motion to dismiss if papers and proof so warrant as a matter of law.

SHALL (common sense) it states that this is done as a matter of law!

48.CPLR 3212 Court MAY/SHALL deny motion to dismiss if papers and proof require a trial of any issue of any fact.

SHALL (let the jury decide)

49.CPLR 3212 Court MAY/SHALL grant summary judgment (without the necessity of a cross-motion) to other than moving party if it appears that such party is entitled to such judgment.

MAY (also, cannot grant summary judgment to other than a | moving party in a matrimonial action)

50.CPLR 3212 Court MAY/SHALL order immediate trial of any issue of fact raised by the motion, before a referee, the court, or court and jury.

MAY

51.CPLR 3212 A motion for summary judgment in lieu of complaint may be made in an action based upon: (2 instances) _________________

an instrument for the payment of money only, or upon any | judgment

52.CPLR 3212 The minimum time that a motion for summary judgment in lieu of complaint shall be noticed to be heard is 20 days after service, if by personal delivery, or: _______days after service is complete, if by other than personal delivery.

53.CPLR 3215 After default by defendant, where claim is for a sum certain, plaintiff may make application to clerk for a judgment within _______after default.

1 year

54.CPLR 3215 If plaintiff fails to proceed to trial or judge orders a dismissal for any other neglect to proceed, the defendant may make application for a judgment to the clerk within: ______after default.

1 year

55.CPLR 3215 If plaintiff fails to ask for default judgment within: _______after default, the court shall dismiss the complaint as abandoned on its own initiative or on motion.

1 year

56.CPLR 3217 Any party asserting a claim may discontinue it without an order by stipulation among parties filed with the clerk or by serving notice of discontinuance on all parties before a responsive pleading is served or within: ____days after service of pleading asserting the claim, whichever is earlier.

20 days

57.CPLR 3218 T/F? A judgment by confession may be entered after the defendant's death

False

58.CPLR 3219-3221 A tender, and an offer to liquidate damages conditionally, and an offer to compromise may be made not later than: _____days before trial.

10 days

59.Service of motion to dismiss before service of a responsive pleading extends the time to serve the pleading until ________days after service of the notice of entry of the order. A. 10 B. 20 C.30 D. 45

A. | CPLR 3221

``` 60.An offer to compromise (enter judgment) may be made at any time not later than: _____ days before trial. A. 10 B.20 C. 30 D. 50 ```

A. | CPLR 3221