Quiz 1 CPLR 3 Flashcards
True or false. Pursuant to CPLR 304, the service of s notice of petition commences a special proceeding.
False. CPLR 304 states that generally, the filing of the petition commences a special proceeding and NOT THE SERVING.
True or false. Does the term filing under section 304 mean the delivery of the summons with notice or summons and complaint to the clerk of court?
False. The definition of filing includes payment to the clerk of the required fees. Also, where the court finds that immediate filing can’t be done, SIGNING by the court of an order requiring filing at specified date and time within 5 days of signing of the order commences the action.
Pursuant to CPLR 305, a summons shall specify which of the following: 1. Basis of venue, 2. Note of issue, 3. Residence of plaintiff (if based on residence), 4. Date filed with clerk A. 1,2,3 B. 1,3,4 C. All of the above D. 1,2,4 E. None of the above
B. 1,3,4: basis of venue, residence of plaintiff & date filed with clerk
Pursuant to CPLR 306 B: in a Supreme Court case, service must be made within how many days after filing summons and complaint. A. 20 days B. 60 days C. 120 days D. 10 days
C. 120 days
Pursuant to CPLR 105 a infant refers to a person who has not yet attained the age of: A. 21 years B. 18 years C. 16 years D. None of the above
B. 18 years
True or false. Pursuant to CPLR 301, jurisdiction is the courts authority and power to bind the parties in an action to the determination of the court.
True. The court may exercise such jurisdiction over, person, property or a status
Pursuant to CPLR 3, there are 2 types of jurisdiction. Name them:
Subject matter jurisdiction, personal jurisdiction
Pursuant to CPLR 304, what commences an action? Select the best answer
A. Generally, the filing of the summons and complaint
B. Generally. The filing of the summons and complaint or summons with notice
C. Generally, the serving of the summons and complaint
D. Genres,you the serving of the summons and complaint or summons with notice
B. Generally the filing of the summons and complaint or summons with notice.
Pursuant to CPLR 308: In service to a person of suitable age and discretion, mailing must be done within how many days of service to person of suitable age and discretion
A. 20 days
B. 10 days
C. 15 days
D. 31 days if service was made on a Saturday
A. 20 days
Pursuant to CPLR 311: Choose the best answer. A corporation can be served by serving any of the following A. Cashier B. Officer C. Director D. Authorized agent E. All of the above
E. All of the above
Pursuant to CPLR 305: A \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ is used to bring a new party into the action. A. Amended summons B. Supplemental summons C. Petition D. None of the above
B. Supplemental summons
True or false CPLR 307: Personal service on Ana attorney general may not be made to assistant attorney general
False.
Describe service publication:
The first publication shall be made within 30 days after the order is granted. 2 newspapers, at least 1 in the English language, at least 1 in each of 4 consecutive weeks (2-1-4) and service is completed on 28th day after day of 1st publication.
Pursuant to CPLR 306: Which of the following is false regarding proof of service? Proof of service may be: 1. In the form of a certificate, if the service was made by a sheriff. 2. In the form of affidavit, if service was made by person. 3. In the form of affidavit, if service was made by authorized public officer. A. 1 & 3 only B. 1 only C. 3 only D. 2 & 3 only
C. 3 only. In the form of affidavit, if service was made. Y authorized public officer
True or false. Pursuant to CPLR 304, at the time of the filing the petition and notice of petition, the clerk is required to date stamp the original papers, but not copies thereof
False. The clerk must stamp the original and one copy
