Senior Court Clerk Practice Exam

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• Which document is typically used to file a charge that results in arraignment without an arrest?
• The watch exemption from satisfaction of judgment applies if its value does not exceed how much?
• CPLR 10 - Parties may be added at any stage WITHOUT leave of the court within:
• A pre-sentence report must be ordered when a defendant is convicted of misdemeanors for which the following sentence will be imposed:
• Under CPLR 602, any reply must be served at least how many days before hearing time?
• The required latest start for subsequent permanency hearings is six months after the completion of the previous permanency hearing.
• In abuse cases, petition and summons shall be served within ______ after issuance.
• Under CPLR 304, an action is commenced by which filing?
• A certificate of warrant may be renewed from time to time by the clerk of the court.
• Which statement about the pre-sentence report is correct?
• A bail bond remains binding on the obligor(s) until which event occurs?
• Which range describes when the notice and petition must be served before hearing?
• An Indictment has been filed against John to commence the criminal action against him. In order for an officer to bring John before the court for the purpose of arraignment upon the indictment he must obtain:
• A fact-finding hearing under FCA 8 is held to determine whether the allegations of a petition are supported by __________.
• To serve in the office of family court judge a person must be admitted to the practice of law in New York State for at least _________ as of the date he or she commences the duties of the office of judge.
• Under CPL 380.70, the minutes must be delivered within how many days from the imposition of sentence?
• For a designated class A felony, the period of restrictive placement is measured in years as:
• A bill of particulars must be served within 30 days of ____.
• The fact-finding hearing to determine abuse or neglect must be based on which standard of evidence?
• A party who has attained the age of 18 upon signing the acknowledgment of paternity, may challenge the execution of acknowledgment within _______.
• CPL 380.70 - In any case where a person receives an indeterminate or determinate sentence of imprisonment, a certified copy of the stenographic minutes of the sentencing proceeding must be delivered by the court to the person in charge of the institution to which the defendant has been delivered within ______ days from the imposition of sentence.
• Venue of a proceeding under article 10 of the FCA may be:
• Under CPL 380.50, who may request to make a victim statement?
• 410- When the court relaxes the conditions of probations and the defendant is not present, the court must notify the defendant within____ days of such modification.
• Under FCA 302.2, the statute of limitations for JD misdemeanors ends at the earlier of two dates: two years after the offense or the respondent's eighteenth birthday. Which is correct?
• 440.65- Upon conviction of offense (PL 120, 125 130, 260,263) against a child under __ by a person legally responsible for such child, the DA shall notify the local child protective services agency of such conviction, including the name of the defendant, the name of the child, the court number and the name of the prosecutor who appeared for the people.
• At the time of arraignment, the court must inform the defendant that:
• If the acknowledgment is signed before the signer reaches 18, the 60-day challenge period begins after which event?
• Which statement accurately describes the overall timing framework for subsequent permanency hearings?
• An action to recover real property or its possession cannot be commenced more than _____ years after the plaintiff has seized or possessed the property.
• The transfer to a drug court designated in the same county should take effect after how many days from the order?
• During a felony hearing, what standard of proof is required to establish that the defendant committed a felony?
• An order determining a motion relating to a remedy shall be made within ___ days after motion is submitted for decision.
• The stay ends at 5 PM on the next business day.
• A Criminal Action against a defendant shall be considered terminated in favor of the defendant if:
• What is the first-instance civil penalty maximum for noncompliance with income execution?
• Which FCA article is associated with staying a return order?
• What is the second-and-subsequent-instance civil penalty maximum per instance for noncompliance with income execution?
• Where must the guardian’s final report be filed?
• What is the current rate of interest on a judgment?
• For Class A felonies, how many peremptory challenges may regular jurors have?
• What is the maximum fine for a Class C Felony?
• Under FCA 471, the undertaking's period shall not exceed how many years?
• Under FCA 655, the court may issue or extend a temporary order of protection on what basis?
• Affirmation of truth of a statement may be served in lieu of an affidavit by which professional?
• After filing a request for judicial intervention, the standard case disclosure must be completed within how many months after filing?
• Which type of eviction proceedings is exempt from the 'notice of petition and petition' timing rule?
• The return of the writ shall be accompanied by which document?
• Generally the venue is designated by the ________, unless the venue is upon motion of the court changed to another county or consented by the parties.
• Following a hearing, if SUPERIOR COURT is satisfied that the defendant is not an incapacitated person, the criminal action against him or her ______.
• The notification required by CPL 380 is used only for implementing what?
• What is the fine for a Class A-I felony (controlled substance, and not a corporation)?
• CPL 170.55 addresses adjournment in contemplation of dismissal. What is its effect on the defendant's record?
• The putative father registry is associated with which type of proceedings?
• Where the period of time prescribed by law is measured from the service of a paper by mail, _____ days shall be added to the prescribed period.
• A Local criminal court may, upon the motion of the defendant, dismiss a LCC accusatory instrument (other than a felony) if:
• The subsequent permanency hearings must be completed within how many days of commencement?
• Which document generally commences the arraignment process in a local criminal court?
• If the accusatory instrument is defective, what remedy is available in a Local criminal court?
• Paternity and support can be sent out of state.
• What class is the offense of aggravated unlicensed operation of a motor vehicle in the 1st degree?
• Which statement describes the timing for serving a bill of particulars?
• CPLR 1101 - If the court determines that any inmate has insufficient means to pay the full filing fee, the court may permit him to pay a reduced filing fee no less than $15 and no more than $50.
• Parties may be added at any stage of the action without leave of the court within ___ days after service of the original summons, or any time before period for responding to that summons expires, or within ___ days after service of a pleading responding to the summons.
• The filing of an accusatory instrument commences which of the following actions?
• Restrictive placement for a designated class A felony lasts for how many years?
• The court must hold a hearing within ______ days of the removal application and shall not be adjourned.
• Which abbreviation corresponds to Real Property?
• Which type of subpoena is exempt from the general rule that subpoenas are served in the same manner as summons?
• Filing with clerk must be done within how many days of delivery or mailing (whichever is done last)?
• A motion for subpoena for books, papers, and other things of a library, department or bureau of a municipal corporation or of the state shall be at least ___ notice to the library, department, bureau or officer having custody of the book, document or other thing and the adverse party.
• A judgment which dismisses a cause of action prior to the close of the proponent's evidence is:
• At any time after the entry of a judgment, the court in which it was entered may, on motion of the defendant, vacate the judgment on the grounds that:
• A waiver of indictment must contain which item?
• For felonies other than Class A, the filing period is which of the following?
• For aggravated driving while intoxicated, BAC must be at least what percent?
• For petty offenses, the period to file an accusatory instrument is within how long after the commission?
• What is the value of an exempt watch used in judgment satisfaction exemptions?
• Which of the following describes the deadline to serve a bill of particulars after service of demand?
• Under VTL 1192, a BAC of 0.08% or more prohibits operating a motor vehicle.
• An acknowledgment may be rescinded by either party within ___ days of signing the acknowledgment by filing a petition with the court to vacate the acknowledgment.
• A __________ commences the process of a local criminal court or superior court requiring a defendant to appear before such court for the purpose of arraignment upon the accusatory instrument which commenced the criminal action.
• A subpoena for books, papers, and other things of a library, department or bureau of a municipal corporation or of the state shall be served at least before time fixed for production of records.
• A waiver of indictment must contain which element?
• Which Grand Jury Action requires an agreement of 12 jurors?
• In a bifurcated trial, which issue shall be tried first?
• Under Article 730, the aggregate of the periods prescribed in the temporary order of commitment, the first order of retention, and all subsequent orders of retention must not exceed what fraction of the authorized maximum term of imprisonment for the highest class felony charged in the indictment or for the highest class felony of which the defendant was convicted?
• In a Grand Jury Proceeding, who appoints the foreman and acting foreman?
• For second and subsequent instances of noncompliance with income execution, the civil penalty may be up to how many dollars per instance?
• When a defendant is outside of NYS or his whereabouts or unknown, the statute of limitations tolls (stops running)?
• In a case where one offense charged is greater than the others and the lesser offenses are included within the greater, what are those lesser offenses called?
• Under CPL 180.80, a defendant held on a felony complaint awaiting grand jury action must be released on his own recognizance when the complaint remains undisposed for more than how many hours?
• Under CPL 160, any eligible offense may be sealed ONLY after at least how many years have passed since the imposition of the sentence on the defendant's latest conviction?
• The commissioner of social services shall file a petition within ______ days of accepting the care and custody of a destitute child.
• Under CPL 380.50, if a defendant is being sentenced on a felony, a victim may request to make a statement if requested within ____ days of sentencing, and the court must notify the defendant of the request at least _______ days before sentencing date?
• Under 730.20, if an extension is granted, what is the total maximum number of days the hospital confinement may last?
• In this jurisdiction, second and third degree offenses are classified as what?
• The maximum term used to determine aggregate retention under Article 730 is based on which felony class?
• Under CPL 110, prior to the commencement of a criminal action, a person may be compelled to appear in the LCC for arraignment upon an accusatory instrument to be filed by which document?
• UCR - TERM____ week sessions, ___ terms in a year.
• In a proceeding under FCA 10, in which the court directs a return of the child placed in the custody of someone other than the respondent, the order shall be stayed until what time?
• If bail is posted in a local criminal court and the defendant is later arraigned in superior court, the defendant may request transfer of bail.
• Within how many days after final submission must the referee file a decision?
• Generally pretrial motions must be made within ____ days after arraignment and before the commencement of trial, whichever is sooner.
• What is the purpose of a Supporting Deposition in the context of a criminal charge?
• The _________ places a case on the trial calendar.
• If a subpoenaed person refuses to answer questions, the court can order the witness placed into custody UNTIL HE SUBMITS or is otherwise discharged by law and if placed placed in jail, MUST be brought before the court every_____ for a review.
• 330.10- A Order of conditions (directing a defendant to comply with a prescribed treatment plan) is valid for ____years and may be extended by the court for ____years.
• When an order is filed for removal in criminal court, the criminal action upon which the order is based shall ______.
• What BAC range applies to Commercial Vehicle 2?
• Notice of motion for a new hearing or to stay, modify, set aside or vacate an order under FCA 763 must be served at least how many days before the return date?
• How many copies of notice of appeal shall the appellant file with the clerk of the family court?
• A special witness is defined as which?
• In a trial of an indictment, how many peremptory challenges are available to regular jurors for a Class A felony?
• If they cannot be served within that time, the fact shall be reported to the court with the reason within ______ after their issuance and the court shall issue a warrant.
• Under CPL 730, what is the instrument called that commits a defendant to care and treatment?
• What is the duration, in years, of restrictive placement designated as class A felony?
• Unless waived by the parties, a pre-sentence report must be made available by the court to the defendant's attorney, defendant (if no attorney) and prosecutor not less than _____ prior to sentencing.
• Which FCA article addresses Family Offenses?
• The period of restrictive placement for the designated class A felony is equal to:
• Except for proceedings for non-payment of rent, the notice of petition and petition shall be served AT LEAST ______ AND NOT MORE THAN______ before the time at which the petition is noticed to be heard.
• Under CPL 180.10, if a defendant chooses to proceed without counsel for a felony complaint arraignment, has the defendant waived the right to an attorney in further proceedings?
• Upon filing a request for judicial intervention, to whom are actions and proceedings assigned?
• CPLR 4106 - alternate jurors:
• A Youth is defined as a person charged with a crime alleged to have been committed when he was at least ___ years old and less than ___ years old.
• Which FCA article addresses Termination of Parental Rights (TPR)?
• Which option correctly states the range for reduced filing fee under CPLR 1101?
• During grand jury proceedings, which group may attend?
• As per CPLR 3, an appearance by a defendant satisfies appearance by what?
• An appeal must be taken no later than how many days after service upon the appellant of any order from which the appeal is taken?
• In a Grand Jury Proceeding, who appoints the secretary?
• FCA 353.1 provides a maximum period for conditional discharge after a dispositional hearing. What is that maximum?
• What is the maximum fine for a Class A-II felony (controlled substance, not a corporation)?
• ACD stands for what term in New York criminal procedure?
• Which CPLR provision governs the requirement that the notice of a motion for preference be served with the note of issue?
• A certificate of warrant expires after how many days from the date of issue?
• The appeal deadline is calculated from which event?
• Under CPL 160.50, which situation would cause denial of a sealing application?
• Which abbreviation corresponds to Ejectment?
• Recovery by poor person shall be paid to the clerk of court where ______ was entered to await distribution pursuant to court order.
• What is the docket prefix for Foster Care Placement proceedings?
• In a writ return that is returnable forthwith, within how many hours after its service must the return be filed?
• A special witness is defined as a person whom the district attorney intends to call as a witness in a grand jury proceeding and that person is what?
• In addition to oral motions, immediately after decision, there shall be a maximum of how many motion(s) by each party, in which shall contain every ground for post-trial relief?
• Under CPLR 4106, alternate jurors may be retained to ensure availability if needed; when are they generally discharged?
• Evicting officer(s) must give at least ______ days notice in writing to persons to be evicted.
• Which instrument would an officer obtain to bring a defendant before the court for arraignment on an indictment?
• What is the effect of an order of removal filed in criminal court?
• The stay applies to orders directing the return of a child in the custody of someone other than the respondent; the stay lasts until:
• Restrictive placement, when designated as class A felony, is set for a period of:
• CPL 1.20- When it is impossible to commit a particular crime without, at the same time, committing by the same conduct another offense of lesser grade or degree, the latter is what in relation to the former?
• Within how many days must a motion for leave to reargue be made after service of copy of the order and written notice of the entry?
• A subpoena, other than certain child support subpoenas, is generally served in which manner?
• Within ________ days of the death of the incapacitated person, the guardian shall file a final report with the clerk of the court of the county in which annual reports are filed.
• What BAC range applies to Commercial Vehicle 1 general operation?
• Under CPLR 502 when there is a conflict as to proper venue due to joinder, the court shall select a venue which is proper to at least one of the parties.
• What BAC range applies to Commercial Vehicle 1 under 21?
• In Family Court, where may process be sent for service?
• A Youth is defined as a person charged with a crime alleged to have been committed when the person is at least __ years old and less than __ years old.
• Under FCA 471, the undertaking shall be for a definite period not to exceed how many years?
• At the conclusion of evidence, which action occurs?
• Fines for Corporation are:
• Inclusions counts term refers to a scenario where lesser offenses are included within a greater offense. Which option best describes inclusory counts?
• Under CPL 380, the notification must be kept separate from the student's permanent school record and destroyed when the student is no longer enrolled in the school district. Destroyed when the student is no longer enrolled in which entity?
• During grand jury proceedings, other than voting, which persons may be present before the grand jury?
• When a new trial commences from an order declaring a mistrial, the indictment is deemed to contain which counts?
• At the end of the dispositional hearing the court may enter an order suspending judgment for a period not exceeding
• Papers filed under CPLR 21 must be printed on which standard paper size?
• Under CPL 1.20, a lesser included offense is defined as what in relation to the greater offense?
• Unless the court orders otherwise, the Notice of a motion for preference must be served with the note of issue by the party or ______ after service of note of issue by any other party.
• A notice of motion and supporting affidavits shall be served at least how many days before the time at which the motion is scheduled, and answering affidavits must be served at least how many days before the return date?
• What BAC range applies to a person under 21?
• The return of the writ must be accompanied by an affidavit and served in the same manner as an answer in a special proceeding; within how many hours must it be filed if returnable forthwith?
• Pretrial motions generally must be filed within a certain window after arraignment. What is that window?
• CPLR 4107 - In A civil action, when a jury is being chosen:
• Which expense must be paid or tendered in advance to a person subpoenaed?
• Under CPL 100, which document must be served on the person requesting or his attorney within 30 days of the court receiving the request, or 5 days before trial, whichever is earlier?
• A special proceeding may be maintained after a _____ day NOTICE TO QUIT has been served upon the respondent.
• Under CPL 730, the duration of an order of commitment is how long?
• How many items must a notice of appearance include?
• For any felony other than Class A, the accusatory instrument must be filed within how many years of the commission?
• 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.
• In a Grand Jury Proceeding, the court will appoint the ________ and the grand jury will appoint the ________.
• Which of the following is included on a summons under CPLR 305?
• Which FCA article addresses Support?
• Under FCA 655, the court may issue or extend a temporary order of protection:
• A local criminal court __________ directs a police officer to arrest a defendant and to bring him/her before such court for the purpose of arraignment upon a filed accusatory instrument in which a criminal action has commenced.
• In any proceeding where the family court issues an order which will result in the return of a child previously remanded or placed in the custody of someone other than the respondent, such order shall be stayed until __________ unless the stay is waived by all parties to the proceeding by written stipulation or upon the record in family court.
• Which entity normally designates the venue, unless changed by court or consented by the parties?
• During deliberations and voting, who may be present in the grand jury room?
• Which CPLR provision governs severance of a claim, counterclaim or crossclaim?
• Under CPLR 602, if a notice of petition is served at least 12 days before hearing, answer must be served _____ days before hearing (if demanded). Any reply must be served at least 1 day before hearing time.
• What annual interest rate applies to an action arising out of a consumer debt where the defendant is a natural person?
• Under FCA 471, the undertaking period is measured in which unit?
• Which abbreviation corresponds to Dower?
• CPL 220.30 - Generally, the entry and acceptance of a plea of guilty to part of an indictment constitutes a disposition of:
• Within ______ of the expiration of commitment, if the superintendent of the institution where the defendant is confined is of the opinion that the defendant continues to be incapacitated, the superintendent must apply to the court that issued the order for an order of retention.
• A secured bail bond is secured by:
• Which time marks the deadline for the stay of an order directing the return of a child under FCA 11?
• During a felony hearing, the defendant may testify on his own behalf as a matter of what?
• A sworn statement of net worth as per FCA 424a shall be filed with the clerk of the court on a date fixed by the court no later than ____ days after the return date of the petition.
• What does a subpoena require?
• Which CPLR provision states that a judge shall be present during jury selection if requested?
• The stay shall end at 5 PM on the next business day for orders directing the return of a child in custody of someone other than the respondent.
• Delivery and mailing must be made within how many days of serving upon a person of suitable age and discretion?
• The number of alternate jurors allowed in a LCC case is:
• If delivery is through overnight mail, period as prescribed by law should be extended by ___ day(s).
• A petition for extension of placement under FCA 355.3 must be filed at least how many days before the expiration of placement?
• When the indictment charges a felony or when the defendant has been convicted of a felony, it must issue an _________ committing the defendant to the custody of the commissioner for care and treatment in an appropriate institution for a period not to exceed _____ from the date of the order.
• The defendant must be notified in writing within ______ of modification to conditions.
• 500- An appearance bond is a bail bond in which the obligor is:
• In a LCC trial how many peremptory challenges are allowed for each party?
• Generally service in the Supreme Court must be made within how many days after filing the summons and complaint?
• Hospital confinement shall not exceed ____ days and upon application of the director may be authorized by the court for an additional confinement not exceeding___DAYS if needed to complete the examination.
• A first violation of driving while ability impaired (DWAI) may be punishable by imprisonment for not more than how many days?
• A subsequent permanency hearing must be completed within 30 days of commencement. Which statement reflects this rule?
• A _________ is used to bring a new party into an action.
• Under CPL 380, a person under how many years old who is enrolled in public or private elementary or high school is sentenced for a crime and the court must notify the designated educational school official of the conviction and sentence?
• CPLR 1101- If application for poor person status is not approved, the applying party has _____ days to make a payment of filing fees or the order will be dismissed.
• Which base amount is used to compute judgment interest?
• In a special proceeding, if triable issues of fact are raised, they shall be tried forthwith; the court shall be a final determination.
• In a rooming house or hotel, an occupant is considered a tenant for eviction purposes after possessing the premises for how many consecutive days?
• The probable cause hearing in JD proceeding may be adjourned for good cause shown, for a period of ____ court days.
• After ___ days of execution of the acknowledgment, it can only be challenged on the basis of fraud, duress, or material mistake of fact.
• The court may order severance of a claim, counterclaim or crossclaim at what time?
• For the first instance of noncompliance with income execution, the civil penalty may not exceed which range?
• Under 410.20, the defendant must be present when the court increases or enlarges any conditions of probation for the modification.
• A request for Bill of Particulars must be served by the people upon the defendant or his attorney and filed with the court within how many days of request?
• Under Commercial Motor Vehicles Level I, the prohibited BAC range is 0.04 to 0.06.
• Service is deemed complete how many days after filing proof of service?
• Which statement best describes the general rule for subpoena service in relation to child support subpoenas?
• A court in a county outside a city with a population of 1 million or more MAY order action removed to another criminal court in the same county which has been designated a drug court but should not take effect until ____ days after the date order is issued.
• Under CPL 330, the duration of an order of commitment is ____.
• Where there is a conflict as to proper venue as a result of joinder of claims or parties, the court upon motion shall:
• Which of the following best describes a subpoena?
• At a felony hearing, which type of evidence is admissible?
• Under FCA 102, the term 'Child' means an individual over or under the age of ______.