UR 208 volume 1 Flashcards

1
Q

§ 208.2 COURT TERM

4.week sessions, _____ terms in a year

A

13

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2
Q

§ 208.3 PARTS OF COURT; STRUCTURE

Proceedings may be transferred amongst parts.

A

§ 208.3 PARTS OF COURT; STRUCTURE

Proceedings may be transferred amongst parts.

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3
Q

§ 208.4 PAPERS FILED IN COURT

The party that files first ________ shall obtain the index number.

A

document

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4
Q

§ 208.4 PAPERS FILED IN COURT

From this point forward each cover and 1st page of every document filed shall contain:

▪ the index number to the right of the caption
▪ venue
▪ brief description of nature of paper
▪ proof of service

A

§ 208.4 PAPERS FILED IN COURT

From this point forward each cover and 1st page of every document filed shall contain:

▪ the index number to the right of the caption
▪ venue
▪ brief description of nature of paper
▪ proof of service

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5
Q

§ 208.4 PAPERS FILED IN COURT

With the exception of exhibits and other printed forms, quotations, and names and addresses of the attorneys, papers shall be:

▪ one sided
▪ If typewritten – shall be double spaced between each line
▪ 1-inch margins

A

§ 208.4 PAPERS FILED IN COURT

With the exception of exhibits and other printed forms, quotations, and names and addresses of the attorneys, papers shall be:

▪ one sided
▪ If typewritten – shall be double spaced between each line
▪ 1-inch margins

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6
Q

§ 208.4 PAPERS FILED IN COURT

Confidential Personal Information (CPI) must be omitted or redacted.

CPI includes:

▪ Tax ID #s, SS #s, EMPLID #s (except: last 4 digits)
▪ Date of birth (except: year of birth)
▪ Full name of a minor (except: initials)
▪ Financial account #, including a credit/debit card #, a bank account #, an investment/insurance account # (except: last four digits or letters)
▪ Any document in a matrimonial action or evidence sealed by the court

A

§ 208.4 PAPERS FILED IN COURT

Confidential Personal Information (CPI) must be omitted or redacted.

CPI includes:

▪ Tax ID #s, SS #s, EMPLID #s (except: last 4 digits)
▪ Date of birth (except: year of birth)
▪ Full name of a minor (except: initials)
▪ Financial account #, including a credit/debit card #, a bank account #, an investment/insurance account # (except: last four digits or letters)
▪ Any document in a matrimonial action or evidence sealed by the court

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7
Q

§ 208.4-A ELECTRONIC FILING

A party may commence any action in civil court in any county by filing initiating documents through the NYSCEF site (provided that efiling has been authorized in that county).

Required fee must be paid at time of filing.

No later than the __________ day on following business day the person who filed initiating documents will receive a confirmation notice.

A

close of business

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8
Q

§ 208.4-A ELECTRONIC FILING

Where a summary proceeding under Article 7 of the Real Property Actions and Proceedings Law involving residential property is commenced electronically, NYSCEF shall provide the petitioner with the option, in lieu of submitting a stamped postcard containing the written notice required by section 208.42(i) of these rules, of having the clerk of the court mail such notice to the respondent or, if there be more than one respondent, to all of them. If the petitioner selects this option, the clerk shall charge the petitioner the cost of postage and a processing fee.

A

§ 208.4-A ELECTRONIC FILING

Where a summary proceeding under Article 7 of the Real Property Actions and Proceedings Law involving residential property is commenced electronically, NYSCEF shall provide the petitioner with the option, in lieu of submitting a stamped postcard containing the written notice required by section 208.42(i) of these rules, of having the clerk of the court mail such notice to the respondent or, if there be more than one respondent, to all of them. If the petitioner selects this option, the clerk shall charge the petitioner the cost of postage and a processing fee.

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9
Q

§ 208.4-A ELECTRONIC FILING

After commencement of an action wherein e-filing is authorized, documents may be electronically filed by, and electronically ________ by and upon, parties who have consented.

A

served

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10
Q

§ 208.4-A ELECTRONIC FILING

Parties shall not be required to submit _________ of documents filed electronically.

A

working copies (hard copies)

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11
Q

§ 208.5 SUBMISSION OF PAPERS TO JUDGE

All papers for signature or consideration of the court shall be presented to the clerk of the trial court in the appropriate courtroom or at the clerk’s office. If clerk is not available, papers may be submitted to the judge and a copy filed with the clerk at the first available opportunity.

A

§ 208.5 SUBMISSION OF PAPERS TO JUDGE

All papers for signature or consideration of the court shall be presented to the clerk of the trial court in the appropriate courtroom or at the clerk’s office. If clerk is not available, papers may be submitted to the judge and a copy filed with the clerk at the first available opportunity.

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12
Q

**§ 208.5 SUMMONS **

(a) if this summons is served by its delivery to you personally within the City of New York, you must appear and answer within __________ days after such service; or

A

TWENTY

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13
Q

**§ 208.5 SUMMONS **

(b) if this summons is served by delivery to any person other than you personally, or is served outside the City of New York, or by publication, or by any means other than personal delivery to you within the City of New York, you are allowed ___________ days after the proof of service thereof is filed with the Clerk of this Court within which to appear and answer.

A

THIRTY

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14
Q

**§ 208.5 SUMMONS **

Where a defendant appears by an attorney, a copy of his answer shall be served upon the plaintiff’s attorney, or upon the plaintiff if the plaintiff appears in person, at or before the time of filing the original answer with proof of service.

A

**§ 208.5 SUMMONS **

Where a defendant appears by an attorney, a copy of his answer shall be served upon the plaintiff’s attorney, or upon the plaintiff if the plaintiff appears in person, at or before the time of filing the original answer with proof of service.

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15
Q

**§ 208.5 SUMMONS **

FOR CONSUMER CREDIT ACTIONS:

The summons shall have prominently displayed at the top thereof the words __________ and an additional legend or caveat printed in not less than 12-point bold upper case type. This shall also be included and translated into Spanish.

A

CONSUMER CREDIT TRANSACTION

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16
Q

**§ 208.5 SUMMONS **

FOR CONSUMER CREDIT ACTIONS:

Basis of venue: the _______ of residence of a defendant, if one resides within the State, and the county where the consumer credit transaction took place, if it is within the State.

A

county

17
Q

**§ 208.5 SUMMONS **

FOR CONSUMER CREDIT ACTIONS:

At the time of filing with the clerk the proof of service of the summons and complaint in an action arising from a consumer credit transaction, or at any time thereafter, the plaintiff shall submit to the clerk a stamped unsealed envelope addressed to the defendant together with a written notice, in both English and Spanish.

A

**§ 208.5 SUMMONS **

FOR CONSUMER CREDIT ACTIONS:

At the time of filing with the clerk the proof of service of the summons and complaint in an action arising from a consumer credit transaction, or at any time thereafter, the plaintiff shall submit to the clerk a stamped unsealed envelope addressed to the defendant together with a written notice, in both English and Spanish.

18
Q

**§ 208.5 SUMMONS **

FOR CONSUMER CREDIT ACTIONS:

The clerk promptly shall mail to the defendant the envelope containing the additional notice. No default judgment based on defendant’s failure to answer shall be entered unless there has been compliance with this subdivision and at least ________ have elapsed from the date of mailing by the clerk.

A

20 days

19
Q

§ 208.7 PLEADINGS

All pleadings shall comply with CPLR 30. Upon consent of parties, defendants time to answer pleadings shall be extended ________ days.

A

10