CPLR Quiz Article 34, 40, 41, 42, 43, 44, 50

Question 1

CPLR 3402 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 1

40

Question 2

CPLR 3402 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 2

10

Question 3

CPLR 3403 Unless a preference is granted, civil cases shall be tried in
the order in which _____ have been filed.

Answer 3

notes of issue

Question 4

CPLR 3403 T/F? Preference shall be granted in any action in which
attorney is over the age of 70.

Answer 4

FALSE In any action UPON APPLICATION of a party who has reached the age of 70 years.

Question 5

CPLR 3403 Name the 6 trial preferences:

Answer 5

1. by or against state, political subdivision of the state,
2. where provided by statute.
3. in the interests of justice
4. application of party who has reached age of 70 yrs.
5. a medical, dental, or podiatric malpractice case.
6. an action in which patient is terminally ill allegedly as a result of
   defendant.

Question 6

CPLR 3404 A case marked off and not restored within ___ shall be
deemed abandoned.

Answer 6

1 year. Remember, clerk shall make entry without the necessity of an order.

Question 7

CPLR 3406 Notice of medical malpractice action must be filed within ___
days after issue is first joined.

Answer 7

60

Question 8

Except where a preference is granted, cases shall be tried in the order
that:
A. affidavit of service is filed.
B. answer is filed.
C. notes of issue are filed.
D. summons was served.

Answer 8

C (CPLR 3403)

Question 9

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 the state.

Answer 9

(CPLR 3403)

Question 10

Generally, a motion for a preference shall be served with the 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 10

A (CPLR 3403)

Question 11

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 11

C (CPLR 3404)

Question 12

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 12

D (CPLR 3402)

Question 13

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 the 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 & 3 only B. 1, 3 & 4 only
C. 2, 3 & 4 only D, 1, 2, 3 & 4

Answer 13

D (CPLR 3402)

Question 14

Generally, timetable for disclosure in a medical malpractice action,
established at pre-trial conference, shall provide for completion of discovery
not 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 14

B (CPLR. 3406)

Question 15

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 20 days after the 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 15

C (CPLR 3407)

Question 16

CPLR 4101 List the issues that shall be tried by a jury (unless waived).

Answer 16

1. action for a sum of money only.
2. action of ejectment; for dower; for waste; for abatement of and damages
   for. a nuisance; to recover chattel; for determination of claim to real
   property under Art. 15 of Real Property Actions and Proceedings Law.
3. any action in which a party is entitled by the constitution or by express
   provisions of law to a trial by jury.
   MCWREND !!!! OR DRNEWCM!!

Question 17

CPLR 4102 Party served with note of issue not demanding trial by jury
may demand trial by jury within____ days of service of note of issue

Answer 17

15

Question 18

CPLR 4102 Party served with note of issue not demanding trial by jury
of all issues may demand trial by jury of any other issues within ____days.
of service of demand.

Answer 18

10

Question 19

CPLR 4104 A civil jury shall consist of ____ jurors.

Answer 19

6

Question 20

CPLR 4106 The maximum number of alternate jurors in a civil case
is_______

Answer 20

1 (2 if approved by the Court)

Question 21

CPLR 4109 Each party in a civil case has ____ peremptory
challenge(s) for regular jurors and ____ peremptory challenge(s) for every
two alternate jurors.

Answer 21

3 — 1

Question 22

CPLR 4109 T/F? Where there are more parties on one side than on the
other, the court may grant an additional equal number of peremptory
challenges to both sides.

Answer 22

TRUE

Question 23

CPLR 4110 T/F? The defendant must be present at the viewing of a
premises.

Answer 23

False. May be present.

Question 24

CPLR 4111 A _____verdict is one in which the jury finds in favor of one
or more parties.

Answer 24

General

Question 25

CPLR 4113 T/F? A civil verdict must be unanimous.

Answer 25

False.

5/6 is adequate for a verdict.

Question 26

In which of the following actions may a trial by jury be demanded? 1.
action for a sum of money only. 2. action for ejectment and to recover a
chattel 3. action where entitled to jury trial by constitution.
A. 1 & 2 only B. 1, 2, & 3 C. 2 & 3 only D. 1 & 3 only

Answer 26

B(CPLR 4101)

Question 27

A civil jury shall be composed of____persons.

A. 6 B. 8 C. 12 D. 16

Answer 27

A

CPLR 4104

Question 28

Unless the court orders otherwise, the maximum number of alternate
jurors in a civil case as per the CPLR is____
A. 2 jurors B. 4 jurors C. 6 jurors D. 1 juror

Answer 28

A (CPLR 4106)

Question 29

In a civil case each party shall have 3 peremptory challenges in the
selection of____ A. alternate jurors. B. jurors.
C. jurors and alternate jurors. D. each juror.

Answer 29

B (CPLR 4109)

Question 30

Where there are more parties on one side than on the other, the court
may:
A. grant additional challenges to the side with most parties.
B. eliminate peremptory challenges for both sides.
C. eliminate challenges for cause for the side with most parties.
D. grant the same number of additional peremptory challenges to both
sides.

Answer 30

D (CPLR 4109)

Question 31

Relating to the viewing of a premises by jury, which of the following is
correct?
A. jury may be kept together.
B. the court may be present
C. appropriate public servant(s) may be present.
D. parties may be present.

Answer 31

D (CPLR 4110-c)

Question 32

For a civil jury to reach a verdict how may jurors must agree?
A. all 6 (unanimous) B. 5 out of 6
C. 3/4 of regular jurors D. a majority of the jurors.

Answer 32

B (CPLR 4113)

Question 33

CPLR 5001 Amount of interest awarded on a verdict, report or decision
shall be computed by_____

Answer 33

the clerk of the court

Question 34

CPLR 5001 The 3 general time periods for the calculation of interest
on a judgment are:

Answer 34

1. date of occurrence to date of decision/verdict
2. date of decision/verdict
   to date of entry of judgment
3. date of judgment entry to date of payment

Question 35

CPLR 5004 Interest on a judgment shall be computed at the rate
of____% per year, unless otherwise provided by statute.

Answer 35

9%

Question 36

CPLR 5012 T/F? A judgment dismissing a cause of action before the
close of the proponent’s evidence is a dismissal on the merits.

Answer 36

FALSE. NOT a dismissal on the merits

Question 37

CPLR 5015 Request for relief from a judgment based on excusable
default must be made within_____after service of a copy of order or
judgment with written notice of entry.

Answer 37

1 year

Question 38

CPLR 5016 Upon a special verdict _______shall direct the entry of a
judgment.

Answer 38

the judge

Question 39

CPLR 5016 Judgment upon a general verdict of a jury shall be entered
by________

Answer 39

the clerk (unless the court directs otherwise).

Question 40

Choose the best answer: Interest is recoverable from:
A. date cause of action arose to date of verdict, report or decision.
B. date of verdict, report or decision to date of entry of judgment.
C. from date of entry of judgment to date of payment.
D. all of the above.

Answer 40

D (CPLR 5001)

Question 41

The current rate of interest on a judgment is:
A. 9% per year, compounded daily.
B. 6 % per year, compounded annually.
C. 6% per year, on original judgment amount.
D. 9% per year, on original amount.

Answer 41

D (CPLR 5004)

Question 42

Choose the best answer: A judgment which dismisses a cause of action
prior to close of proponent’s evidence:
A. is not a dismissal on the merits.
B. is not a dismissal on the merits, unless it specifies otherwise.
C. is a dismissal on the merits.
D. none of the above.

Answer 42

B (CPLR 5011)

Question 43

A motion for relief from judgment or order based on excusable default
must be made within____of service of copy of judgment or order.
A. 30 days B. 90 days C. 1 year D. 5 years

Answer 43

C (CPLR 5015)

Question 44

Generally, payments following settlement of a case are due as follows:
Generally, payment is due within__days after tender of release from
plaintiff. In cases where defendant is municipality, any subdivision thereof,
or public corporation not indemnified by NYS: payment is due within___
days after tender of executed release & discontinuance. In an action where
defendant is state: ____days after comptroller has determined he has
received the required settlement papers.
A. 21….60…90 B. 21…90….90
C. 30…60….90 D. 30…90….90

Answer 44

B (CPLR 5003)