CPLR Article 1 Flashcards

(6 cards)

1
Q

CPLR 105

A

Definitions.

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2
Q

CPLR 105 Definitions

Applicability

A

Unless the context requires otherwise, the definitions in this section apply to the civil practice law and rules.

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3
Q

CPLR 105 Definitions

Action and special proceeding.

A

The word “action” includes a special proceeding;

The words “plaintiff” and “defendant” include the petitioner and the respondent respectively, in a special proceeding;

and the words “summons” and “complaint” include the notice of petition and the petition, respectively, in a special proceeding.

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4
Q

CPLR 105 Definitions

Attorney

A

Attorney: The words “attorney” includes a party prosecuting or defending an action in person.

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5
Q

CPLR 105 Definitions

Civil judicial proceeding.

A

Civil judicial proceeding. A “civil judicial proceeding” is a prosecution, other than a criminal action, of an independent application to a court for relief.

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6
Q

CPLR 101

A

Short title; application.

“CPLR” - Civil Practice Law and Rules

CPLR shall:
-govern the procedure in civil judicial proceedings in all courts of the state and before all judges, except where the procedure is regulated be inconsistent statute.

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