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CPLR 2022 > CPLR Quiz Article 22, 23, 30, & 32 > Flashcards

CPLR Quiz Article 22, 23, 30, & 32 Flashcards

1
Q
  1. CPLR 2211 A motion on notice is made when the motion or order to
    show cause is______
A

Served

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2
Q
  1. CPLR 2212 Generally, MOTION ON NOTICE IN A SUPREME COURT
    ACTION shall be noticed to be heard in the judicial district where
    the action is triable or________
A

in a county adjoining the county where the action is triable

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3
Q
  1. CPLR 2212 Ex-parte motion in supreme court action shall be made
    at motion part or justice out of court in_________
A

any county within the state

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4
Q
  1. CPLR 2214 A motion must be served at least____ days before time
    noticed to be heard
A

8 (the answering affidavits must be served at least 2 days before)
answering affidavits and any notice of cross motion, with
supporting papers, if any, shall be served at least 7 days before
such time if a notice of motion served at least 16 days before
such time so demands.

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5
Q
  1. CPLR 2215 A cross motion must be served at least ____ days before
    time motion is noticed to be heard.
A

3 days. Or 7 days if demand is properly made as per CPLR 2214.
See answer # 4 above for further explanation.

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6
Q
  1. CPLR 2217 Any motion MAY/SHALL be referred, to a judge who
    decided a prior motion in the action.
A

MAY

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7
Q
  1. CPLR 2219 Order deciding a final remedy must be made within
    ______ days after motion is submitted for decision.
A

60

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8
Q
  1. CPLR 2219 T/F? An order determining a motion relating to a
    provisional remedy shall be made within 30 days after the order is
    submitted for decision.
A

FALSE (20 days)

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9
Q
  1. CPLR 2221 Generally, a motion affecting a prior order MAY/SHALL be
    made to the judge who signed the order.
A

SHALL

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10
Q

10.CPLR 2221 T/F? A motion for leave to reargue shall not contain any
new facts.

A

True

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11
Q

11.CPLR 2221 A motion for leave to reargue shall be made within _____
days after service of copy of order and written notice of its entry.

A

30

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12
Q

CPLR 2221 T/F? A motion for leave to renew shall be based on new
facts or new law not offered in the prior motion which would
change the prior determination.

A

True

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13
Q

13.CPLR 2221 T/F? A combined motion to reargue and motion for leave
to renew may not be made.

A

FALSE

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14
Q

14.A motion on notice is made when a notice of the motion or order to
show cause is:
A. filed B. verified C. served D. exemplified

A

C (CPLR 2212)

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15
Q

15.Choose the best answer. A motion on notice in an action in the
supreme court shall be noticed to be heard:
A. in the judicial district where the action is triable.
B. in any county adjoining county where the action is triable
C. both A and B
D. neither A nor B

A

C (CPLR 2212)

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16
Q

16.Order to show cause against a body or officer in addition to being
served on respondent must also be served on:
A. mayor’s office.
B. office of the comptroller.
C. assistant attorney general.
D. none of the above.

A

C (CPLR 2214(d))

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17
Q 
17.Service of an order shall be made by:
A. serving the original order.
B. serving the original order and one copy.
C. serving a copy of the order.
D. none of the above.
A

C (CPLR 2220)

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18
Q

18.A motion on notice must specify: 1. time and place of hearing on
motion 2. supporting papers upon which motion is based 3. history
of the case
A. 1, 2 & 3 B. 1 & 2 only C. 1 & 3 only D. 2 & 3 only

A

B (CPLR 2214)

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19
Q

19.CPLR 2302 A subpoena may be issued without a court order by:
___________ (list of 7)

A
  1. clerk of the court, 2. Judge (where there is no clerk)
  2. attorney general, 4. an arbitrator, 5. a referee
  3. attorney of record for party to an action, administrative
    proceeding or arbitration
  4. member of a board, commission, or committee, authorized by
    law
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20
Q

20.CPLR 2302 To compel attendance of a person confined in a

penitentiary, a _________subpoena is required.

A

court-ordered (subpoena shall be made on at least one day’s
notice to the person having custody of the record, document or
person confined).

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21
Q

21.CPLR 2303 A subpoena shall be served in the same manner as
a____________

A

Summons

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22
Q

22.CPLR 2303 T/F? A child support subpoena may be served by regular
mail.

A

True

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23
Q
  1. CPLR 2303 T/F? After a subpoena is served, proof of service must be filed.
A

FALSE. Proof of service does not have to be filed in all cases.
Read section

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24
Q

24.CPLR 2304 A motion to quash or modify a child support. subpoena
(section 11-p of the social services law) may be made to a supreme
court judge or____________

A

family court judge

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25
Q

25.CPLR 2306 A subpoena for hospital records must be served at least
____day(s) before time stated for production of records.

A

3 days

26
Q

26.CPLR 2307 A subpoena for books, papers, etc. from a library, city
department, or state must be served at least _____before time
stated for production of records.

A

24 hours

27
Q

27.CPLR 2308 To compel compliance with a non-judicial subpoena not
returnable in a court, motion may be made in ______ court.

A

Supreme

28
Q

28.CPLR 2309 T/F? A clerk is authorized to administer an oath to
jurors.

A

True

29
Q

29.Which of the following is not correct?
A. A subpoena requires the attendance of person to give testimony.
B. Subpoena duces tecum can require production of books and other
things.
C. A subpoena cannot be issued without a court order.
D. A subpoena shall be served in same manner as summons.

A

C (CPLR 2301 - 2303)

30
Q

30.Which of following may issue a subpoena without a court order? 1.
clerk of the court, and an arbitrator 2. judge, and attorney general
3. an attorney of record for party in an action.
A. 1 & 2 only B. 1 & 3 only C. 1 only D. 1, 2, & 3

A

D (CPLR 2302)

31
Q

31.For which of the following must a subpoena be issued by the court?
A. to compel attendance of an incarcerated person
B. for the original of a record
C. to compel the attendance of a person.
D. None of the above.

A

A (CPLR 2302)

32
Q

32.A subpoena for hospital records, medical records of department or
bureau of a municipal corporation or of the state, must be served at
least: _____day(s) before time fixed for production of records.
A. 1-day B. 2- days C. 3-days D. 7-days

A

C (CPLR 2306)

33
Q

33.A subpoena for books, papers, and other things of a library,
department or bureau of a municipal corporations or of the state
shall be served at least: _____before time fixed for production of
records.
A. one day B. three days C. 24 hrs D. 72 hrs

A

C (CPLR 2307)

34
Q

34.CPLR 3011 The 3 pleadings relating to actions are: ______ ______
______

A

Complaint, Answer, Reply (C-A-R)

35
Q

35.CPLR 3011 A defendant’s pleading against someone not already a
party is________

A

third party complaint

36
Q

36.CPLR 3012 Service of a complaint after service of the summons
extends the time to answer to ___ days after the service of the
complaint.

A

20 days

37
Q 
37.Generally, where 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.
A

C (CPLR 3020)

38
Q 
37.Generally, where 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.
A

C (CPLR 3024)

39
Q 
39.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.
A

B (CPLR 3025)

40
Q 
40.Which of the following choices does not correctly pair a pleading
with its responsive pleading?
A. complaint and answer
B. counterclaim and reply 
C. cross-claim and reply
D. interpleader complaint and answer
A

C (CPLR 3011)

41
Q

41.Choose the best answer. 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

A (CPLR 3015)

41
Q

41.Choose the best answer. 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

A (CPLR 3015)

42
Q 
42.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.
A

D (CPLR 3042)

43
Q

43.CPLR 3211 The court may treat a motion to dismiss a cause of
action or defense as one for summary judgment and (MAY or MUST)
order immediate trial on issues raised in the motion.

A

MAY

44
Q

44.CPLR 3211 Service of motion to dismiss before service of a
responsive pleading extends the time to serve the pleading until:
______ days after service of notice of entry of the order.

A

10

45
Q

45.CPLR 3212 After joinder of issue, a party may move for summary
judgment up to a date set by the court (not earlier than _______
days after filing the note of issue).

A

30

46
Q

46.CPLR 3211 After joinder of issue, if no final date to move for
summary judgment is set by the court, such motion cannot be made
later than: ____days after filing of the note of issue (except with
leave of the court).

A

120 days

47
Q

47.CPLR 3212 Court MAY/SHALL grant motion to dismiss if papers and
proof so warrant as a matter of law.

A

SHALL (common sense) it states that this is done as a matter of
law!

48
Q

48.CPLR 3212 Court MAY/SHALL deny motion to dismiss if papers and
proof require a trial of any issue of any fact.

A

SHALL (let the jury decide)

49
Q

49.CPLR 3212 Court MAY/SHALL grant summary judgment (without the
necessity of a cross-motion) to other than moving party if it appears
that such party is entitled to such judgment.

A

MAY (also, cannot grant summary judgment to other than a

moving party in a matrimonial action)

50
Q

50.CPLR 3212 Court MAY/SHALL order immediate trial of any issue of
fact raised by the motion, before a referee, the court, or court and
jury.

A

MAY

51
Q

51.CPLR 3212 A motion for summary judgment in lieu of complaint may
be made in an action based upon: (2 instances) _________________

A

an instrument for the payment of money only, or upon any

judgment

52
Q

52.CPLR 3212 The minimum time that a motion for summary judgment
in lieu of complaint shall be noticed to be heard is 20 days after
service, if by personal delivery, or: _______days after service is
complete, if by other than personal delivery.

A

30

53
Q

53.CPLR 3215 After default by defendant, where claim is for a sum
certain, plaintiff may make application to clerk for a judgment
within _______after default.

A

1 year

54
Q

54.CPLR 3215 If plaintiff fails to proceed to trial or judge orders a
dismissal for any other neglect to proceed, the defendant may
make application for a judgment to the clerk within: ______after
default.

A

1 year

55
Q

55.CPLR 3215 If plaintiff fails to ask for default judgment within:
_______after default, the court shall dismiss the complaint as
abandoned on its own initiative or on motion.

A

1 year

56
Q

56.CPLR 3217 Any party asserting a claim may discontinue it without
an order by stipulation among parties filed with the clerk or by
serving notice of discontinuance on all parties before a responsive
pleading is served or within: ____days after service of pleading
asserting the claim, whichever is earlier.

A

20 days

57
Q

57.CPLR 3218 T/F? A judgment by confession may be entered after the
defendant’s death

A

False

58
Q

58.CPLR 3219-3221 A tender, and an offer to liquidate damages
conditionally, and an offer to compromise may be made not later
than: _____days before trial.

A

10 days

59
Q

59.Service of motion to dismiss before service of a responsive pleading
extends the time to serve the pleading until ________days after
service of the notice of entry of the order.
A. 10 B. 20 C.30 D. 45

A

A.

CPLR 3221

60
Q 
60.An offer to compromise (enter judgment) may be made at any time
not later than: \_\_\_\_\_ days before trial.
A. 10
B.20
C. 30
D. 50
A

A.

CPLR 3221

CPLR 2022 (5 decks)

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