RULES ADOPTED

BY THE

APPELLATE DIVISIONS

FIRST DEPARTMENT

(Amended to Oct. 1, 1910)

RULES FOR THE REGULATION OF THE SPECIAL TERMS OF THE SUPREME COURT IN THE FIRST JUDICIAL DISTRICT, AND ESTABLISHING THE CALENDAR PRACTICE THEREIN

RULE 1. Special Term for hearing litigated motions.

2. Motion calendar; notes of issue; appearance of counsel.

3. Proof required in assignment cases or dissolution proceedings. 4. Special Term for ex parte business.

5. What matters must be brought before Special Term for ex parte business.

6. Regulations governing insolvent assignments.

7. Special Terms for trial of issues of law and of fact.

8. Calendars.

9. Calendar of cases from general calendar for trial at Special Term; when case on day calendar will be passed.

10. Passing cause; reservation of causes for same counsel.

11. Mortgage foreclosures; mechanics' liens.

12. Preferred causes.

13. Duration of Special Term.

14. Regulating the procedure upon applications for naturalization in the first judicial district.

15. Sales of real estate.

16. Bond of official examiners of title; application for registration of title.

Rule 1. Special Term for hearing litigated motions

There shall be a Special Term of the Supreme Court for the hearing of litigated motions to commence on the first Monday of each month and to continue until the Friday

preceding the first Monday of the succeeding month, which term shall be held every day except Saturdays, Sundays and legal holidays. The court shall open at ten-thirty o'clock in the morning and shall continue until all the business before the court has been disposed of. This Special Term shall be known as Special Term, Part I.

Rule 2. Motion calendar; notes of issue; appearance of counsel

Motions may be noticed for any day during the term. The clerk of Special Term, Part I, shall make up a calendar for each day. Notes of issue must be filed with the clerk two days before the day on which a motion is noticed to be heard, except where an order to show cause is granted, returnable in less than two days, when the clerk shall place the motion upon the calendar at any time before the day for hearing, upon the exhibition to him of the order to show cause and the filing of a note of issue, or the justice assigned to said part of the court may place the motion on the calendar on the day upon which the order to show cause is returnable. This calendar will be called at the opening of the court and no motion will be heard that is not upon the calendar. On the hearing of a motion upon such calendar, but one counsel on each side will be heard, and not more than fifteen minutes will be allowed to each counsel, unless the court shall otherwise order. Application for final judgment where an interlocutory judgment has been entered and an account has been taken, or other proceeding had before a referee, or for a final judgment in an action for divorce under section 1774 of the Code of Civil Procedure, motions for a new trial on the ground of surprise or newly-discovered evidence, motions to confirm a referee's report, and for final judgment in any action or proceeding in which an issue

Assignments and dissolutions; Ex parte business

Rules 3, 4

of fact has been tried by a jury or by a referee, where application to the court for final judgment or final order is necessary, applications for the appointment of commissioners or for a final order or judgment in a proceeding to condemn real estate for public use, may be noticed for, and made at, Part I of the Special Term for the hearing of litigated motions upon any day of the July, August and September terms when Part III of the Special Term is not in session. The justice assigned to Part I of the Special Term, if he does not deem it important that such application should be heard during the time when Part III is not in session, may adjourn the same to the next term of Special Term, Part III. (Amended June 29, 1905.)

Rule 3. Proof required in assignment cases or dissolution proceedings

In all actions or proceedings in which the accounts of an assignee for the benefit of creditors or of a receiver appointed in an action or in a proceeding for the dissolution of a corporation are presented for settlement or to be passed upon by the court, a notice or a copy of an advertisement requiring the creditors to present their claims to a referee, must be mailed to each creditor whose name appears on the books of the assignor or corporation, with the postage thereon prepaid, at least twenty days before the day specified in such notice or advertisement. Proofs of such mailing shall be required on the application for a final decree passing the accounts of the assignee or receiver unless proof is furnished that personal service of such notice or copy of advertisement has been made upon the creditor.

Rule 4. Special Term for ex parte business

There shall be a Special Term of the Supreme Court for the transaction of ex parte business, to be held on the

first Monday of each month and to continue to and including the Saturday prior to the first Monday of the following month. The court shall open at half-past ten o'clock in the morning, and shall continue in session until four o'clock in the afternoon, except Saturdays, upon which day the court may be adjourned at twelve o'clock noon, and shall be open every day in the year, except Sundays and legal holidays. This Special Term shall be known as Special Term, Part II. The justice assigned to Part II shall also attend to the drawing of jurors for the Trial Terms of the Supreme Court.

Rule 5. What matters must be brought before Special Term for ex parte business

Application for all court orders, ex parte or by consent, or where notice is not required or has been waived, must be made to Special Term, Part II. Any ex parte court order granted by any justice of the court other than the one assigned to hold Part II of the Special Term, shall not be entered by the clerk. All applications for judgment in actions where the defendant has failed to appear, or has waived notice of motion for judgment or has consented thereto, except in actions for divorce, all proceedings under the Domestic Relations Law for the adoption of children, and all proceedings under the Insanity Law for the commitment of a person alleged to be insane, shall be made to said Special Term, Part II, and shall not be made to any other court or justice. All orders for the examination of parties or witnesses in supplementary proceedings or to perpetuate testimony or for the examination of parties before trial or for the examination of witnesses under letters rogatory or foreign commissions or in aid of an attachment, or for any other purpose, or in any proceeding (except an order to show cause or a warrant issued under section 2269 of the Code of Civil Pro