CPLR Art 44

Question 1

4312- Number of Referees; Qualifications

• Generally a person to whom all the parties object may not be designated as a referee, this is not the case however in ________ actions
• (Bard) In matrimonial actions, a referee nominated by a party cannot be appointed to determine an issue but must be a _______ or _____________ referee appointed by the chief administrator of the courts.

Answer 1

matrimonial……….. JHO……… special

Question 2

4401- Motion for Judgment During Trial

• Any party may move for a judgment after the close of the ______ upon the ground that they are entitled to a judgment as a matter of law or at any time on the basis of admissions.
• They must specify the grounds for the motion

Answer 2

evidence

Question 3

4401- Motion for Judgment During Trial

The motion for judgment does not waive the right to ______ or to present further evidence even where it is made by all parties.

Answer 3

trial by jury

Question 4

4401a- Motion for Judgment

A motion for a judgment at the end of the plaintiff’s case must be granted in an action for medical malpractice based solely on lack of ___________ if no expert medical testimony was provided by the plaintiff to support the insufficiency of the ___________

Answer 4

informed consent……. consent

Question 5

4402- Motion for Continuance or New Trial

At any time during trial, the court on motion of any party may grant a ________ or a new trial in the interest of justice

Answer 5

continuance

Question 6

4403- Motion for new trial or to confirm or reject or grant other relief after reference to report or verdict of advisory jury+

• Within ________ after the verdict of an advisory jury or the report of a referee, upon the motion of either party or on its own initiative the court can confirm or reject in whole or in part such verdict or report.
• The court may make new findings without the taking of new testimony, and may order a new trial

Answer 6

FIFTEEN (15) DAYS

Question 7

4404- Post Trial Motion for Judgment and New Trial

After a jury trial, upon the motion of any party or on its own initiative, the court may set aside a verdict or any judgment entered thereon and direct that judgment be entered in favor of a party entitled to judgment as a matter of law or it may order a new trial where:

• the verdict is contrary to the weight of ________, or
• in the interest of _______ , or
• where the jury cannot agree after _________

Answer 7

the evidence……….. justice………. a reasonable time

Question 8

4404- Post Trial Motion for Judgment and New Trial

• After a trial not triable of ______ , upon the motion of any party or on its own initiative, the court may set aside its decision or any judgment
• It may make new findings of fact or conclusions of law, with or without taking additional testimony, render a new decision and direct entry of judgment, or it may order a new trial of a cause of action or separable issue.

Answer 8

right by a jury

Question 9

4404- Post Trial Motion for Judgment and New Trial

A POST-TRIAL motion under this article shall be made before the judge who presided at the trial and must be made within _______ after the decision, verdict or discharge of the jury. The court shall have no power to grant any relief once an appeal has been filed

• Keep in mind this differs from the time for filing an appeal which is 30 days

Answer 9

FIFTEEN (15) DAYS

Question 10

4404- Post Trial Motion for Judgment and New Trial

• Every ground for post trial relief should be made within ________ post trial motion
• Each party shall raise by the motion or by demand every ground for post-trial relief then available to him.

Answer 10

ONE(1)