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Civil Procedure Flashcards

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Read the first 7 Civil Procedure flashcards as text

  1. Under CPLR 3212(a), absent a court-set deadline, when must a summary judgment motion generally be made?

    Answer: No later than 120 days after the note of issue is filed, unless leave is granted on good cause

    CPLR 3212(a) caps the time at 120 days after the note of issue unless the court sets a shorter period or grants leave for good cause shown.

  2. Under CPLR 306-b, within what period after filing must service of the summons and complaint generally be made?

    Answer: 120 days

    CPLR 306-b requires service within 120 days after filing, and the court may extend on good cause or in the interest of justice.

  3. A process server leaves the summons with the defendant's adult roommate at the defendant's apartment and mails a copy to the defendant's residence. When is service complete under CPLR 308(2)?

    Answer: Ten days after proof of service is filed

    Deliver-and-mail service under CPLR 308(2) is complete ten days after proof of service is filed with the clerk.

  4. A defendant served by personal delivery within New York has how long to appear under CPLR 320(a)?

    Answer: 20 days

    CPLR 320(a) gives 20 days after personal delivery, and 30 days when service is made by other methods such as 308(2) or out-of-state service.

  5. In a New York personal injury action, what does CPLR 3017(c) say about the complaint's demand for damages?

    Answer: It must not state the amount of damages sought

    CPLR 3017(c) bars stating a damages amount in personal injury and wrongful death complaints, although the defendant may request a supplemental demand.

  6. Under CPLR 5513(a), what is the deadline to take an appeal as of right?

    Answer: 30 days after service of the judgment or order with notice of entry

    The 30-day period under CPLR 5513(a) begins when the judgment or order is served with notice of entry.

  7. Under CPLR 3025(a), when may a party amend its pleading once without leave of court?

    Answer: Within 20 days after serving it, before the time to respond to it expires, or within 20 days after service of a pleading responding to it

    CPLR 3025(a) allows one amendment as of course within any of those three windows, and later amendments need leave or a stipulation.

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