Article 21 Flashcards
T/F? Each paper files or served must have a caption that includes the venue
True
CPLR 2101
Each paper served or filed must be indorsed with name, address and _____________ of the attorney
Telephone number
CPLR 2101
T/F? Unless otherwise prescribed, copies of papers may be served or filed
True
CPLR 2101
If service of a paper cannot be made as per 2103, service may be made by ____________.
Filing the paper as if it were required to be filed
CPLR 2103
T/F? Papers served of filed or filed electronic means shall be capable of being reproduced by the receiver so as to comply with CPLR 2101
True
CPLR 2101
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.
15
CPLR 2101
Who may serve papers in a civil action?
Any one over the age of 18 who is not a party to the action
CPLR 2103
When a paper is served by mail, how many days are added?
5 days
CPLR 2103
When a paper is served by overnight mail, how many days are added?
1 business day
CPLR 2103
Can service of a paper be made by leaving it in attorney’s home mail box?
No
CPLR 2103
An agreement relating to any matter in an action made by parties, other than by counsel in open court, is not binding unless:
1) it is in writing and subscribed by him or his attorney, or 2) it is reduced to the form of an order and entered
CPLR 2104
Who may file an affirmation instead of an affidavit?
Attorney, physician, osteopath, dentist, a person physically located outside the US and its territories
CPLR 2106
Unless otherwise prescribed, each paper served or filed shall be of what size?
8 and a half by 11 inches
CPLR 2101
Name 7 exceptions to the 8 and a half by 11 inch rule.
Summonses, order of protection, notices of appearances, notes of issue, exhibits, TOP, subpoenas (SONNETS)
CPLR 2101
T/F? Papers filed must be in the English language
True
CPLR 2101
T/F? In all papers, all the names of the parties must be listed in the caption
False
CPLR 2101
Et ano means __________________. Et al means _________________.
And one other; And others
CPLR 2101
Which of the following is not correct? Each paper served or filed must begin with a caption stating
A. The name of the court
B. The venue
C. The title of the action
D. The name of the attorney
E. The nature of the paper
F. The index number of action, if one has been assigned
D. The name of the attorney
CPLR 2101
Which of the following statements relating to examples 1 and 2 are correct?
1. John smith et ano means John smith and one other
2. John smith et al can mean John smith and 16 others
A. Only 1
B. Only 2
C. Both are correct
D. Both are false
C. Both are correct
CPLR 2101
Where the period of time prescribed by law is measured from the service of a paper and service is by mail, \_\_ days shall be added to the prescribed period. A. 2 B. 4 C. 5 D. 7
C. 5
CPLR 2103
In any civil proceeding the court may on its own motion or on motion of any party authorize any party to keep their residential or business adders confidential from other parties and pleadings. In such cases, the court shall designate the \_\_\_\_\_\_\_\_\_\_\_\_\_\_ or other person as agent for service of process for the party (who shall timely forward such process to the person whose address is confidential. A. Attorney for the plaintiff B. The judge C. Clerk of the court D. Court attorney
C. Clerk of the court
CPLR 2103-a
Which of the following 3 statements are correct? A. 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
2. It is in writing and subscribed by him or his attorney
3. It is reduced to the form of an order and entered
A. 1
B. 1 and 2
C. All are correct
D. None are correct
C. All are correct
CPLR 2106
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 in evidence
D. May demand a certified copy without payment of a fee
A. May certify be and compared it to original and found it to be true copy
CPLR 2105
Following may serve or file affirmation in an action in lieu and with same force and effect as affidavit, except
A. An attorney
B. A physician or dentist
C. A plumber or physically located in a US state
D. An osteopath
C. A plumber physically located in US state
CPLR 2106(b)
