CPLR Article 3: Jurisdiction, Service, Appearance, and Choice of Court

A comprehensive set of vocabulary flashcards covering New York Civil Practice Law and Rules (CPLR) Article 3 regarding jurisdiction, methods of service, and appearance requirements.

Jurisdiction

The legal ability of a court to hear the case before it, requiring fulfillment of both personal and subject matter requirements.

Personal Jurisdiction

Jurisdiction over a defendant obtained by serving the summons on the individual.

Non-Domiciliary Jurisdiction

A court's authority over non-residents who transact business in NY, commit tortious acts in or causing injury in NY, own property in NY, or have a matrimonial domicile in NY.

CPLR 303

The statute designating a non-domiciliary's attorney, or the clerk of court if no attorney exists, as the agent for service of process regarding separate lawsuits filed by the defendant.

Subject Matter Jurisdiction (SMJ)

The court's authority to hear the main issue of a case, such as Family Court's jurisdiction over custody issues.

Plaintiff (Petitioner)

The person who files the lawsuit and seeks relief or judgment from the court.

Defendant (Respondent)

The person against whom a legal action is filed.

CPLR 304

The rule stating that an action is commenced by filing a Summons and Complaint or Summons with Notice, while Special Proceedings are commenced by filing a petition.

Index Number (CPLR 306-a)

A unique number assigned to every lawsuit filed (e.g., $123456/2024$) by the Clerk of Court.

Consumer Credit Transaction Summons

A summons that must prominently display the nature of the transaction across the top and specify the county of residence for the defendant and the county of the transaction.

Summons with Notice

A document used when a complaint is not served, stating the nature of the action, relief sought, and the amount of money sought (except in medical malpractice).

Service of Papers

The method for providing notice to the opposing party that a case has been filed, satisfying the notice component of Due Process.

Service Timeframe (CPLR 306-b)

The requirement that papers must be served within $120$ days after they are filed.

Election Law Service Exception

Cases where the statute of limitations is $4$ months or less require service within $15$ days of the expiration of the statute of limitations.

Certificate of Service

The form used for proof of service when service is performed by a sheriff or other public servant.

Leave and Mail Service (CPLR 308[b])

Delivery to a person of suitable age and discretion at the defendant's home or business, followed by first-class mailing within $20$ days.

Nail and Mail Service (CPLR 308[d])

Affixing the summons to the door of the defendant's business or abode and mailing it, used only if other methods fail despite due diligence.

CPLR 309 (Infant Service)

Service made to a parent, legal guardian, or legal custodian; if the infant is $14$ years old or older, the infant must also be served.

CPLR 312-a Mail Service

Service by first-class mail with two copies of an acknowledgment of receipt, which the defendant must return within $30$ days to be complete.

CPLR 315 Publication Service

Service by publishing notice in $2$ newspapers (one in English) once for $4$ successive weeks; first publication must occur within $30$ days of the order.

Publication Service Completion (Non-Matrimonial)

Service is deemed complete $28$ days after the first publication.

Publication Service Completion (Matrimonial)

Service is deemed complete $21$ days after the first publication, following publication in $1$ newspaper for $3$ successive weeks.

CPLR 317 (Reopening Case)

Allows a defendant not served by personal delivery to defend an action within $1$ year of discovering a default judgment, not to exceed $5$ years from entry.

Appearance (CPLR 320)

Official participation in a case by serving an Answer, a Notice of Appearance, or a Motion.

Appearance Timeframe (Personal Delivery)

The defendant must appear within $20$ days after being handed papers directly.

Appearance Timeframe (Non-Personal Delivery)

The time to appear is extended to $30$ days after service is complete if service was via CPLR 308 (2, 3, 4, 5), publication, or outside New York State.

CPLR 321 (Corporations)

The requirement that a corporation must appear in court by an attorney.

Monetary Threshold for Civil Court Removal

A case may be moved between Supreme and Civil Court if the dollar amount of damages is less than $50,000$.

Note of Issue (CPLR 3402)

The mechanism for placing a case on the trial calendar, filed any time after issue is joined or at least $40$ days after service is complete.