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VJC Resources Clerks Prep Course - CPLR > Quiz 2 CPLR 4 through 21 > Flashcards

Quiz 2 CPLR 4 through 21 Flashcards

1
Q

CPLR 402 In an action, a summons and ________ complaint are used.

A

complaint

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2
Q

CPLR 402 In a special proceeding, a petition and ________ are used

A

notice of petition

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3
Q

CPLR 403 Notice of petition must be served at least ________ before hearing time.

A

8 days

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4
Q

CPLR 403.If notice of petition must be served at least 12 days before hearing, answer must be served at least _____ before hearing if notice of petition so specifies.

A

7 days

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5
Q

CPLR 406 Motions in a special proceeding, made before the time at which petition is noticed to be heard shall be heard ______ noticed to be heard.

A

At the time

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6
Q

CPLR 407 The court may sever a claim or counterclaim. T/F?

A

True

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7
Q

CPLR 408 Generally, in a special proceeding, leave of the court is not required for disclosure. T/F?

A

False

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8
Q

CPLR 409 The court shall make a summary determination upon the pleadings, papers and admissions to the extent that no triable issues of fact are raised. T/F?

A

True

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9
Q

CPLR 409 The court, when making a determination on relief requested in a special proceeding may make any orders permitted in a motion for summary judgment

A

True

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10
Q 
The parties in a special proceeding are called
A. claimant and respondent
B. plaintiff and defendant
C. petitioner and respondent
D. petitioner and defendant
A

C. petitioner and respondent

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11
Q 
Petition and notice of petition must be served
A. at least 3 days before hearing 
B. at least 5 days before hearing
C. at least 8 days before hearing
D. ar least days before hearing
A

C. at least 8 days before hearing

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12
Q

Choose the best answer: Court may order severance of a claim, counterclaim, or cross-claim
A. prior to commencement of trial only
B. before the first witness is sworn in.
C. at any time
D. only upon motion of plaintiff or defendant

A

C. at any time

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13
Q 
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 myst be served at least \_\_\_\_\_\_\_ day(s). 
A. 1
B. 2
C.  4
D. none of the above
A

A. 1

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14
Q 
If 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 served at least \_\_\_ day(s) before hearing time.
A. 1
B. 2
C. 3
D. none of the above
A

A. 1

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15
Q 
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 \_\_\_\_\_ day(s) 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
A

A. 5…2

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16
Q

Parties should be joined when necessary for complete relief of parties or when parties might be inequitably affected by a judgment refers to
A. necessary joinder
B. Permissive joinder? (CPLR 1001)

A

A. Necessary joinder (CPLR 1001)

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17
Q

Misjoinder of parties is not ground for dismissal of an action (CPLR 1003) T/F?

A

True

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18
Q

A _______ is a person exposed to multiple liability as a result of adverse claims. (CPLR 1006)

A

Stakeholder

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19
Q

Defendant stakeholder may bring in a claimant who is not a party by filing a summons and _________ (CPLR 1006)

A

Interpleader Complaint

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20
Q

Third party summons and complaint and all prior pleadings shall be served upon the third party defendant within _______ days of filing. (CPLR 1007)

A

120 days

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21
Q

Defendant serving a third party complaint shall be styled a __________ and the person so served shall be styled a ___________. (CPLR 1007)

A

third party plaintiff/ third party defendant

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22
Q

Person may intervene
A. as of right
B. by permission when the person’s claim or defense and the mainaction have a common question of law or fact?

A

B. by permission when the person’s claim or defense and the mainaction have a common question of law or fact?

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23
Q

Upon the substitution of a party in an action, the time for taking procedural steps is extended until ________ days after substitution is made. (CPLR 1022)

A

15 days

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24
Q 
Regarding intervention as of right, a person may intervene when: 1. a statute confers the absolute right to intervene, 2. judgment on claim for damages to property might be favorable to his interests
A. 1
B. 2
C. both 1 & 2
D. neither 1 nor 2
A

A. 1 (a statute confers the absolute right to intervene)

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25
Q 
A person may intervene by permission: 1. when a statute confers the right to intervene in the discretion of the court, 2. when person's claim/defense have common question law/fact with the main action.
A. 1
B. 2
C. both 1 & 2
D. neither 1 nor 2
A

C. both 1 & 2 (when the statute confers the right to intervene in the discretion of the court & when person’s claim/defense have common question law/fact with the main action

26
Q 
Upon substitution of party, time for taking procedural steps is extended as to all parties until 15 days after \_\_\_\_\_\_\_\_\_.
A. motion for substitution was made
B. the answer is filed
C. service is complete
D. substitution is made
A

D. substitution is made

27
Q 
Parties nay be added at any stage of the action without leave of the court within \_\_\_\_\_\_\_\_\_ days after service of the original summons, or anytime before period for responding to that summons expires, or within \_\_\_\_\_\_ days after service of a pleading responding to the summons.
A. 10...10
B. 20...20
C. 15...15
D 20...30
A

B. 20…20

28
Q

Permission to proceed as poor person may only be granted by court where action is triable. (CPLR 1101) T/F?

A

False. May also be granted by court where appeal has or will be taken

29
Q

A party who earns $400 or more per week is not eligible for poor person status. (CPLR 1101) T/F?

A

False (no minimum amount is specified in the law)

30
Q

If application for poor person is denied in Supreme Court, action will be dismissed if fee is not paid within ___ days. CPLR 1101)

A

120

31
Q

A motion is needed for a person to be allowed ti proceed as a poor person. (CPLR 1101)T/F?

A

False. An affidavit may be used in certain cases

32
Q

Person represented by legal aid society is automatically granted poor person status. (CPLR 1101) T/F?

A

False. (a certificate must be filed by legal aid attorney that says the person cannot pay the costs an expenses of the action)

33
Q

Eligible inmates may commence an action by paying a reduced filing fee of not less than __ dollars nor more than __ dollars. (CPLR 1101) (f)

A

15…50

34
Q

Recovery by a poor person shall be paid to ___________ (CPLR 1102)

A

the clerk of the court where poor person order was entered

35
Q 
Where \_\_\_\_\_\_\_\_ represents a party, such fees and costs are waived without the requirement of a motion for poor person status, 1. legal services, 2. legal aid 3. non-profit group which represents indigent persons.
A. 1
B. 1 & 2
C. 1,2 & 3
D. 1 & 3
A

C. 1,2 & 3 (legal services, legal aid, non-profit group which represents indigent persons

36
Q

The affidavit in a motion to proceed as a poor person must contain all of the following, except:
A. the amount of poor person’s income
B. the source of poor person’s income
C. statement that poor person is able to pay costs and fees
D. whether any other person is beneficially interested in the recovery sought

A

C. statement that poor person is able to pay costs and fees

37
Q 
When a poor person recovers money on a settlement or on a judgment, the money must be paid to \_\_\_\_\_\_\_\_, who shall distribute the money according to a court order.
A. clerk of the court
B. attorney for plaintiff
C. attorney for poor person
D. NYS Finance Administrator
A

A. Clerk of the court

38
Q

Choose the best answer: A motion to proceed as a poor person may be made:
A. in a trial court
B. in court where appeal has been or will be taken.
C. A & B
D. neither A nor B

A

C. A & B (in a trial court & in court where appeal has been or will be taken)

39
Q 
If the court determines that \_\_\_\_\_\_ has insufficient means to pay the full filling fee, the court may permit him to pay a reduced filing fee, the minimum of which shall not be less than $15 and the maximum of which shall not be more than $50.
A. any plaintiff
B. any petitioner
C. any inmate
D. any claimant or any plaintiff
A

C. any inmate

40
Q

Which of the following is false?
A. In a poor person order, the court must assign an attorney
B. in an appeal, a poor person may submit typewritten briefs
C. if a poor person does not recover by judgment, he is not liable for fees
D. The court clerk must notify the court stenographer of poor person status

A

A. In a poor person order, the court must assign an attorney

41
Q

Unless otherwise prescribed, each paper served or filed shall be of what size? (CPLR 2101)

A

8 1/2 x 11

42
Q

Name 7 exceptions to the 8 1/2 x 11 inch rule. (CPLR 2101)

A

SONNETS - summons, orders, note of issue, notice of appearance, exhibits, temp orders, subpoena

43
Q

Papers filed must be in English language (CPLR 2101) T/F?

A

True

44
Q

In all papers, all the names of the parties myst be listed in the caption. (CPLR 2101) T/F?

A

False. Only in summonses, complaints and judgments

45
Q

et ano means ______

et al means _______ (CPLR 2101)

A

and one other

and others

46
Q

Papers served or filed by electronic means shall be capable of being reproduced by the receiver so as to comply with CPLR Rule 2101. T/F?

A

True

47
Q

A party served with a paper is deemed to have waived objection to any defect in form unless he returns the paper with a statement of the objection within ____ days of service of paper. (CPLR 2102)

A

15 days

48
Q

Who may serve papers in a civil action? (CPLR 2103)

A

anyone over 18 not a party to the action

49
Q

When a paper is served by mail, how many days are added? (CPLR 2103)

A

5 days

50
Q

When a paper is served by overnight mail, how many days are added? (CPLR 2103)

A

1 day

51
Q

Can service of a paper be made by leaving it in attorney’s home mail box? (CPLR 2103)

A

No

52
Q

An agreement relating to any matter in an action made by parties, other than by counsel in open court, is not binding unless: (CPLR 2104)

A

it is in writing and subscribed by him or his attorney, or it is reduced to the form of an order and entered

53
Q

Who may file an affirmation instead of an affidavit? (CPLR 2106)

A

A.P.O.D. (attorney, physician, osteopath, dentist)

54
Q

Which of the following is not an exception to the rule that papers served or filed must be 8 1/2 x 11 inches?
A. summonses and subpoenas
B. answer
C. notice of appearance and notes of issue
D. exhibits

A

B. Answer

55
Q 
If a party appears pro-se, each paper filed must have all of the following, except 
A. name of party
B. address of party
C. telephone number of party
D. address of attorney of party
A

D. address of attorney of party

56
Q 
The title of paper must contain all the names of the parties in all of the following papers, except
A. summons
B. complaint
C. judgment
D. answer
A

C. answer

57
Q

Unless otherwise prescribed by law, who can serve papers in a civil action?
A. anyone 18 or over who is not a party
B. any party over 18
C. any person of suitable age and discretion
D. none of the above

A

A. anyone 18 or over who is not a party

58
Q

Service of papers upon an attorney can be made by any of the following methods, except
A. by elect. means upon party’s written consent
B. by mailing to address designated by attorney
C. by leaving paper in attorney’s home mail box
D. by leaving paper in attorney’s office drop box, if office lis closed

A

C. by leaving paper in attorney’s home mail box

59
Q

Where a certified paper is required by law, an attorney
A. may certify he has compared it to original and found it to be true copy
B. may demand a certified copy without fee from the clerk
C. may not enter the original into evidence
D. may demand a certified copy without payment of a fee

A

A. may certify he has compared it to original and found it to be true copy

60
Q 
Which of the following choices is not correct? An agreement made between parties or their attorneys relating to any matter in an action is NOT binding unless: 1. it was made between counsel in open court, OR 2. it is oral and agreed upon, OR 3. it is reduced to the form of an order and entered.
A. 1,2 & 3 are not correct
B. only 2 & 3 are not correct
C. only 1 & 2 are not correct
D. only 2 is not correct
A

D. Only 2 is not correct

VJC Resources Clerks Prep Course - CPLR (4 decks)

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