Hello Students!
PLEASE bring your pocket Constitution to Tuesday’s class, but you do NOT need to bring your CPLR to class! Also, by 8am on Tuesday, Nov. 9, please read C&W ch. 11, Papers–Preparation, Service and Filing. Then choose ONE “Did You Get It?” question at the end of the chapter (pp. 98C-98D) that no other student has chosen and answer it in a reply to this post! (You will need to look at all other replies before choosing your question.) Please write out the whole question, including the number. If appropriate, include an explanation with your answer–don’t just answer “yes” or “no.” There are eight questions–if, by 8am Tuesday, all of them have been answered, send me an email and I’ll send you an alternate question. We will review the answers in class! This is teamwork!
Cheers,
Prof. C.
I chose end of chapter question #1
1) What are the contents of a caption?
Contents must include the name of the court, the venue of the court (the location where the action is being brought), title of the action (names parties and if they are the plaintiffs or defendants), the name of the document (is it a complaint or an answer?), the index number, it must be indorsed by the attorney with their name, address, and phone number (or the name, address, and number of the party if they are acting pro se/representing themself). Documents filed electronically must also abide by the same guidelines.
Question #4
May the attorney’s signature be in baby blue ink?
According to CPLR R. 2101 The writing shall be legible and in black ink. Which means that, the attorney’s signature can’t be in baby blue ink.
Question #5.
If a contract, which is evidence in an action, is on 8.5″ x 14″ paper, should that document be reduced and copied on 8.5″ x 11″ white paper before being filed?
The answer is yes the document must be reduced and copied on 8.5″ x 11″ because there are exceptions but a contract is not listed as being one of them, so it must meet the size requirement and be filed or served using white durable paper.
Question #4
May the attorney’s signature be in baby blue ink?
No, the attorney’s signature can not be in baby blue ink.
Question #6
When such filing is required, must pro se parties file papers electronically?
Pro se parties may file papers electronically but they can also opt out of doing so. For reasons like, problems in the system and not eating their personal information to get into the wrong hands.
Question #2
2) Does the party’s attorney’s name go on the affidavit prepared by the plaintiff? Defendant?
Yes, the party’s attorney’s name goes on an affidavit prepared by any party in a case.
Question #7
When such filing are required, are attorneys ever exempt from filing electronically?
Yes, because the court may issue how and under what circumstance electronic documents may be used and includes pro se parties and attorneys that are allowed to opt out.
Question #3
May a person, acting pro see, hand print the summons and complaint?
Yes, if the party is acting pro see, each document is required to have a certification by whoever prepared it.