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sent for trial to Parts III and IV. Causes on the day calendar from calendar No. 2 shall be sent for trial to Parts V, VI, VII, VIII, IX, X and XI. Causes on the day calendar from calendar No. 3 shall be sent for trial to Parts XII, XIII, XIV, XV, XVI, XVII and XVIII. Such causes shall be tried in the parts in which they are called, or to which they shall be sent for trial, in the order in which they appear on the day calendars. No application to postpone the trial of a cause shall in any case be entertained after such cause has been sent to a part for trial. A cause which has once been sent to a part for trial shall not be again placed upon the day calendar, except by order of the justice holding the part from which it was sent, for good cause shown to him by affidavit, but such cause shall remain in the part to which it has been sent for trial until finally disposed of. When the causes upon the day calendar called in either Part III, Part VIII, or Part XIV shall have been disposed of, causes upon the day calendar of either of the other parts may be sent to any part not actually engaged in the trial of a cause. When a cause has been tried and the jury has disagreed, or for any reason there has been a mistrial, or a juror has been withdrawn, the cause may be restored to the Friday call calendar, or to the day calendar in the part from which it was sent for trial, or may be set down for trial upon another day of the same week at which it was tried by the justice holding the part from which it was sent for trial. In case Part II, Trial Term, shall not have business enough to occupy it during court hours, causes from either Parts III, VIII, or XIV shall be sent to it for trial. (As amended 1908.)

Rule 7. General and preferred calendars The special deputy clerk assigned to Part II of the Trial Term shall have charge of the general and preferred

General and preferred calendars — Rule 7

calendars herein provided for. All orders relating to the calendar, and all notes of issue of causes to be placed upon the calendars shall be filed with the said clerk of Part II of the Trial Term. The clerk shall each week make up three calendars of causes from the general calendars for trial at Trial Term, which calendars shall be published at least two days before the same are called. These calendars shall be called by the justice of the court holding Trial Term, Part III, as provided in Rule 6, on Friday of each week, at 2 o'clock p. m., unless another day is specially fixed by him to call such calendars. Causes on such calendars may be set down for trial on any day in the week following. In case it should appear upon the call of either of the calendars on Friday that the number of cases set down for trial on the following week will not be sufficient to occupy the available time of all the Trial Terms of the court to which the cases are to be assigned, the justice holding Supreme Court, Trial Term, Part III, shall order a calendar of cases from the proper general calendar to be made up and called on Wednesday morning at 10 o'clock. Upon the call of such calendar cases may be set down for any day of the week in which the calendar is so called, or for the succeeding week.

When a case has appeared and been called for the second time on either of the call calendars, on a subsequent call it must, when reached, be assigned to the day calendar for trial or go to the foot of the proper general calendar, unless it should be made to appear by affidavit to the satisfaction of the court that the cause should be further adjourned, in which case it shall be adjourned to such time as the court shall fix, and when the case is again called the same must be assigned to the day calendar for trial, or go to the foot of the general calendar.

When a cause has been thus set down on a call of either of the calendars on any Friday or Wednesday for trial,

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and appears upon the day calendar, it must be tried or go to the foot of the general calendar, unless it appears by affidavit to the satisfaction of the justice calling the day calendar that, in consequence of the happening of an event since the cause was set down for trial, the trial cannot, with justice to one of the parties, proceed. The court may then by order set the cause down for trial on another day in the same or following week of the term, or place the cause on a Friday call calendar. In a cause upon a day calendar for trial, where it shall appear to the court by affidavit, that counsel who is to try the same is to argue a cause upon a day calendar of the Supreme Court of the United States, or upon the day calendar of the Court of Appeals of the state of New York, or upon the day calendar of any Appellate Division of the Supreme Court, or is actually engaged in the trial of a cause in a court of record in the counties of New York or Kings, the cause shall be passed for the day, or until such argument or trial is concluded, unless the trial in which the counsel is engaged is a protracted one. In no other event shall a cause upon the day calendar be passed for the day. (Amended May 23, 1904.)

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Where, when a case is upon the day calendar of the New York Trial Term, an affidav is submitted to the court stating that the defendant's counsel, who is to try the case, is actually engaged in the trial of a case in the United States Circuit Court, the defendant's right to have the case passed under such circumstances is not affected by the fact that an additional reason which he presents for having the case passed, viz., the absence of a witness, is untenable. Spero v. Supreme Council (1904), 95 App. Div. 499, 88 N. Y. Supp. 989.

Where a case has been sent to one part of the Trial Term for trial and the attorney has been directed to proceed, he is actually “engaged” in the trial of the cause within the meaning of this rule although the jury has not yet been impaneled. Fiesel v. White Sewing Machine Co. (1909), 134 App. Div. 358, 119 N. Y. Supp. 67.

Engagement of an attorney in another court is sufficient ground for passing a cause for the day. Bock v. Bock (1909), 132 App. Div. 921, 117 N. Y. Supp. 70.

Passing cases; fines imposed on delinquent jurors

Rules 8, 9

Rule 8. Passing cases on day calendar; reservations for same

counsel

In no event shall a cause on the day calendar be passed from day to day, on account of the engagement of counsel, for more than three days.

Not more than two causes shall be held ready on the day calendar for one counsel in addition to the cause in which he is engaged, and in all causes the counsel who is to try the same must be designated, if required by the court, on the call of the day calendar.

Rule 9. Fines imposed on delinquent jurors

An order directing a delinquent juror to show cause why the payment of a fine should not be enforced must be granted by, and made returnable before, the justice by whom said fine was imposed. Such order must be made returnable at the Trial Term to which said justice is assigned upon such day of the term and at such time of the day as the justice shall designate. Such proceedings shall be conducted before, and heard and decided by, said justice at said time and place.

Where a justice by whom a fine was imposed has ceased to be a member of the court or has been designated as a member of the Appellate Division or has been assigned to hold Special Term, or is absent or unable for any reason to hear such proceedings, the order directing the delinquent juror to show cause why the payment of the fine should not be enforced must be granted by and made returnable before the justice assigned to hold Trial Term, Part VIII, upon such day of the term and at such time of the day as he shall designate. Said proceedings shall be taken before and heard and decided by said justice at said time and place.

Term, when held; calendar of appeals; returns- Rules 1, 2

REGULATIONS FOR THE HEARING OF APPEALS FROM THE

City COURT OF THE CITY OF NEW YORK AND FROM THE MUNICIPAL COURT IN THE BOROUGHS OF MANHATTAN AND THE BRONX

RULE 1. Term, when held.

2. Calendar of appeals; returns; entry of judgment or order.
3. Dismissal of appeal for failure to file and serve return.
4. Attachment; motion for.
5. Cases and points, printing, filing and service thereof; dismissal of

appeal for omission; hearing or submission of appeals.
6. Failure of either party to appear.
7. Application to appeal to Appellate Division; motions for reargu-

ment. 8. Notice of motions; motion calendar; filing of motion papers; decisions to be accompanied by orders.

Rule 1. Term, when held There shall be a term of the Supreme Court for the hearing of appeals from the City Court and the Municipal Court of the City of New York in the Boroughs of Manhattan and the Bronx, which shall commence on the first Monday of October, November, December, January, February, March, April, May and June in each year, and shall continue from day to day during each of said months until all appeals ready for hearing are heard and disposed of. This term of the court shall hold its sessions in the Court House in the County of New York, and shall be held by three justices of the Supreme Court duly assigned to hold said term, and shall be known as the Appellate Term. (Amended Nov. 16, 1905.)

Rule 2. Calendar of appeals; returns; entry of judgment or

order

The clerk of such term of the Supreme Court shall make up a calendar of all appeals to be heard each term, and publish the same in the Law Journal at least eight days before the commencement of the term. No appeal shall be placed on such calendar unless the return from the

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