VJC Clerk Academy CPLR Article 11: Poor Persons Practice Flashcards

A set of vocabulary flashcards based on the VJC Clerk Academy lecture notes for the $$2026$$ Clerk's Exam Prep Course covering CPLR Article 11: Poor Persons.

Poor Person

A party who is unable to pay the costs, fees, and expenses necessary to prosecute or defend an action or appeal.

CPLR $1101$ Motion

The formal request a party must file to proceed as a poor person, which can be submitted to the trial court or the appellate court.

Poor Person Affidavit Requirements

A document stating the amount and sources of income, all property owned and its value, inability to pay costs, nature of the action, facts to show merit, and any other person beneficially interested in the recovery.

Certificate of Attorney

A document the court may require under CPLR $1101(b)$ stating that the attorney has examined the action and believes the moving party's contentions have merit.

Notice of Motion Recipients

Under CPLR $1101(c)$, if an action is commenced, notice must be served on all parties and either the County Attorney or the Corporation Counsel (if in NYC).

Fee Payment Period after Denial

The $120$ day grace period following the date of an order denying poor person status during which a plaintiff must pay the filing fee to avoid case dismissal.

Incarcerated Person Reduced Fee

A filing fee for inmates starting an action that ranges from a minimum of $15$ to a maximum of $50$.

Incarcerated Person Financial Proof

A form affidavit showing inability to pay and a trust fund account statement provided by the detention facility.

Legal Services Organization Exception

A provision under CPLR $1101(e)$ where no motion to proceed as a poor person is required if the party is represented by a non-profit legal services organization and counsel files a certification of inability to pay.

CPLR $1102$ Status Benefits

Benefits including assigned counsel, waiver of costs and fees, free stenographic transcripts for appeals, and the right to submit typewritten briefs.

Stenographer Notification

The requirement that the court clerk notify the stenographer of an order granting poor person status within $2$ days of filing.

Stenographer Transcript Deadline

The requirement that a stenographer must make $2$ copies of transcripts within $20$ days of receiving notification.

CPLR $1103$ Judgment Payment

The rule that any judgment or settlement in favor of a poor person must be paid to the clerk of the court where the status order was entered to await distribution.