Trial Perference Flashcards

1
Q

True or false notice a motion for a preference shall be served with a note of issue by party serving the note of issue

A

True

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2
Q

Any other party may move for a preference after how many days of service of the note of issue

A

10 days

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3
Q

If a case is marked off and not restore within how much time shall be deemed abandon

A

1 year

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4
Q

The plaintiff in a medical malpractice action must file a notice of medical-dental or podiatric malpractice action within how many days after issue is first join

A

60 days

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5
Q

true or false the chief judge of the court of appeals May promulgate gate rules for the arbitration of claims for the recovery of money not exceeding $6,000 in any Court accept the New York City civil court and not exceeding $10,000 in the New York City civil court a judgment may be entered upon in arbitration award

A

true

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6
Q

generally what is the timetable for this disclosure established at pre-trial conference

A
  1. that all parties be ready for trial within 18 months of the above notice of action
  2. For completion of Discovery. not later than 12 months of the above notice of action
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7
Q

who she’ll be in entitled to a trial preference upon a motion

A

1 an action by or against the state a political subdivision of the state
2. action where a preference is provided by Statue
3. action in which the interest of Justice will be served by an early trial
4. any action upon application of a party who has reached the age of 70 years
5 a medical dental podiatric malpractice case
6 an action in which patient is terminally ill allegedly as a result of defendant

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8
Q

true or false in personal injury actions involving terminally-ill parties whose illness is a result of defendants conduct May request an expedited preliminary conference

A

True

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9
Q

after making the requests for an expedited preliminary conference, it shall be held in how many days after such request

A

20 days after the filing of the request

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10
Q

how many days will the discovery be completed after the expedited preliminary conference

A

within 90 days after the preliminary conference

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11
Q

after the judge’s order , made at preliminary conference, when will the trial commence

A

Within one year

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12
Q

in a foreclosure action in which the defendant is a resident of the property defendant must file proof within 120 days of service and Court must hold mandatory conference after proof of service filed with the AIM of trying to reach a solution to prevent loss of home .

A

True

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12
Q

in a foreclosure action in which the defendant is a resident of the property defendant must file proof within 120 days of service and Court must hold mandatory conference after proof of service filed with the AIM of trying to reach a solution to prevent loss of home .

A

True

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12
Q

in a foreclosure action in which the defendant is a resident of the property defendant must file proof within 120 days of service and Court must hold mandatory conference after proof of service filed with the AIM of trying to reach a solution to prevent loss of home .

A

True

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13
Q

if defendant appears pro se, he is Deemed to have made a motion to proceed as a poor person

A

True

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13
Q

if defendant appears pro se, he is Deemed to have made a motion to proceed as a poor person

A

True

13
Q

if defendant appears pro se, he is Deemed to have made a motion to proceed as a poor person

A

True

13
Q

if defendant appears pro se, he is Deemed to have made a motion to proceed as a poor person

A

True