Article 30 Flashcards Preview

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Flashcards in Article 30 Deck (23):
1

T/F? There shall be no other pleadings other than those listed in CPLR Article 30 unless the court orders otherwise

True


CPLR 3011

2

Service of a complaint shall be made within ______ days after service of the demand for a complaint

30


CPLR 3012

3

The 3 pleadings relating to actions are:

Complaint, answer, reply


CPLR 3011

4

A defendant's pleading against someone not already a party is _______.

Third party complaint


CPLR 3011

5

Service of a complaint after service of the summons extends the time to answer to ___ days after the service of the complaint

20


CPLR 3012

6

T/F? In any medical, dental and podiatric malpractice action, the complaint shall be accompanied by a certificate, executed by the attorney of the defendant

False


CPLR 3012-a

7

T/F? A certificate of merit is not required in any residential foreclosure actions

False


CPLR 3012-b

8

If party is a domestic corporation, the verification shall be made by _________.

Officer of the corporation



CPLR 3020

9

If the Larry is s foreign corporation, the verification may be made by _________________.

The agent or attorney


CPLR 3020

10

A motion to correct a pleading shall be served within ____ days after service of the challenged pleading. If motion is denied, responsive pleading shall be served within ____ days after service of notice of entry of order.

20; 10


CPLR 3024

11

A party may amend his pleading once without leave of court within __ days after its service, or any time before period for responding to it expires, or within __ days after service of a pleading responding to it

20; 20


CPLR 3025

12

T/F? In simplified procedure for court determination of disputes, an action may be commenced without service of a summons

True



CPLR 3032

13

Bill of particulars shall be served within __ days of service of demand for a bill of particulars

30



CPLR 3042

14

Which of the following choices is not correct?
A. There shall be s complaint and an answer
B. An answer may include a counterclaim against a plaintiff, and a cross-claim against a defendant
C. A defendant's pleading against another claimant is a complaint
D. A defendant's pleading against a person not already a party is s third party complaint

C. A defendant's pleading against another claimant is a complaint


CPLR 3011

15

Service of answer or reply shall be made within __ days after service of pleading to which it responds
A. 10
B. 20
C. 30
D. 35

B. 20


CPLR 3012

16

If the summons and complaint are not personally delivered to the defendant within the state but served by some other methods, the time to answer shall be __ days after service is complete
A. 10
B. 20
C. 30
D. 35

C. 30


CPLR 3012

17

Choose the best answers. If a party is a corporation, a complaint must state
A. That the party is a corporation
B. The state, country or government by whose laws it was created
C. Both A and B
D. The name of the president of the corporation

A. That the party is a corporation


CPLR 3015

18

A bill of particulars must be served within 30 days of ____________.
A. Service of summons
B. Service of a summons and complaint
C. Demand to arbitrate
D. Demand for bill of particulars

D. Demand for a bill of particulars


CPLR 3042

19

Generally, where the party is a domestic corporation, pleading by corporation must be verified by
A. The attorney for the corporation
B. Any employee of the corporation
C. Any officer of the corporation
D. None of the above

C any officer of the corporation



CPLR 3020

20

Where a motion to correct a pleading is denied, service of a responsive pleading must be done within 10 days after _____________.
A. Motion is denied
B. Order is entered
C. Service of notice of entry of order
D. Demand for s responsive pleading

C. Service of notice of entry of order



CPLR 3024

21

The court may permit a party to amend pleadings to conform to the evidence
A. Only before trial commences
B. Before or after judgment
C. Only before judgment
D. None of the above

B. Before or after judgment


CPLR 3025

22

Where any party is a corporation, the __________ shall so state
A. Attorney
B. Reply
C. Complaint
D. None of the above

C. Complaint


CPLR 3015

23

T/F? The district court may render a declaratory judgment having the effect of a final judgment

False


CPLR 3001 (supreme court)