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affidavits, if any, must be filed with the clerk at or before 12 o'clock noon of the first day of the term.

All motions, other than those made under rules three and seven, whether upon an order to show cause or by regular notice of motion, may be made returnable upon any day of the term.

Except when the Appellate Term shall otherwise direct, all decisions, either in cases upon appeal or on motion, will, when announced, be accompanied by an order duly signed. A motion for resettlement of such order must be made upon two days' notice. (As amended Dec. 31, 1909.)

The calendars will be called as follows:

The Calendar of Appeals from Orders and Judgments of the City Court in the forenoon of the first day of the term at 10:30 a. m. The Calendar of Appeals from Orders and Judgments of the Municipal Court on the second day of the term at 10:30 a. m.

If a motion affects any appeal on the calendar, counsel are requested to call the attention of the clerk to the fact.

RULES TO REGULATE THE ATTENDANCE AND PRESCRIBE

THE DUTIES OF THE CLERKS, ASSISTANT CLERKS, CRIERS, INTERPRETERS, STENOGRAPHERS, LIBRARIANS AND ATTENDANTS OF THE SUPREME COURT

RULE 1. Special deputy and assistant clerks.

2. Stenographers.
3. Librarian and assistant.
4. Interpreters.
5. Crier and assistant.
6. Attendants.
7. Return to commissioner of jurors.

Rule 1. Special deputy and assistant clerks The special deputy to the clerk of the city and county of New York assigned to each Special and Trial Term of the Supreme Court shall attend on each day that the court is in session and remain in attendance while the court is in session. The special deputy clerk assigned to

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Part II of the Trial Terms shall have charge of the general and special calendars of the Trial Terms. The assistants to such special deputy clerk shall, in turn, as required by him, attend in Part II of the court. All orders relating to the calendar and all notes of issue of cases to be placed upon the calendar, shall be filed with the clerk of Part II of the Trial Term. He shall attend each Friday or Wednesday call of the calendar, shall make up the general and special calendars of such Trial Terms, and shall make up a day calendar for each day of the term when the court is in session. The clerks assigned to the other Trial Terms of the Supreme Court shall render him assistance when he requires it, when they are not actually engaged in their branch of the court.

The special deputy to the county clerk assigned to Part III of the Special Term of the Supreme Court shall have charge of the general and special calendars of the Special Term, and all notes of issue of cases to be placed upon the Special Term calendar and orders relating to the calendar shall be filed with him.

There shall be two assistant clerks to Part III of the Special Term, who shall in turn, as directed by such special deputy clerk, attend the sitting of that part, and who shall assist the clerk thereof in preparing the calendar. Special deputy clerks assigned to the other Special Terms shall render the special deputy clerk of Part III such assistance as he shall require when the courts to which they are respectively assigned are not in session.

The special deputy clerk assigned to each Trial and Special Term of the court shall, subject to the supervision of the justice assigned thereto, be responsible for the proper condition of the court room, for the supply of stationery and for attendance of the officers or attendants assigned to such Special and Trial Terms, and for the performance by such officers or attendants of their respec

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tive duties. He shall keep a book in which shall be entered the time at which the officers or attendants assigned to that part of the court shall appear and remain in court, and shall transmit at the end of each month, to the Appellate Division of the Supreme Court, a copy of such record.

The special deputy clerk assigned to the Special Term for the hearing of motions shall make up a day calendar of motions to be heard each day (not later than three o'clock for the succeeding day) and shall cause the same to be published in The Law Journal. He shall attend at the call of the calendar and render such assistance as the justices assigned to that term of the court shall require. The two assistant clerks assigned to that part of the court shall attend each day from ten o'clock in the morning until four o'clock in the afternoon, or as much later as may be necessary, and shall perform such duties as the deputy clerk assigned to that part of the court shall require. The deputy clerk assigned to the Special Term for the transaction of ex parte business shall attend from ten o'clock in the morning until four o'clock in the afternoon or as much later as the justice assigned to that branch of the court shall require, and shall render to the justice such assistance as he shall require. The two assistant clerks assigned to that part of the court shall keep the records of the court and shall perform such additional duties as are required by the clerk. There shall be three additional assistants to such clerk (to be assigned to this part of the Special Term) who shall have charge of the records of naturalization heretofore kept in the offices of the clerk of the city and county of New York, the clerk of the Superior Court of the city of New York, and the clerk of the Court of Common Pleas for the city and county of New York, who shall attend to applicants for naturalization and keep the books and records relating thereto, and who shall perform such additional duties

Stenographers — Rule 2

as said special deputy clerk shall require. There shall be two other additional assistants to such special deputy clerk (to be assigned to this branch of the court), who shall have charge of the records relating to assignments for the benefit of creditors and who shall perform all the clerical duties relating thereto. They shall also perform generally such duties as may be required of them by the justices assigned to this branch of the court or by the clerk thereof. The assistants to this branch of the Special Term shall attend the office provided for them in the county courthouse, in the city of New York, at ten o'clock in the morning and shall remain until four o'clock in the afternoon, and so much later as shall be necessary. The clerk assigned to the term for the hearing of appeals from the City Court and District Courts in the city of New York shall attend the sitting of the Appellate Term while in session, shall keep the records of such court and perform such duties in addition as shall be required of him by the justices assigned to hold such term. When the court is not in session he shall attend each day from ten in the morning until four o'clock in the afternoon, and when not occupied with the business of such Appellate Branch he shall assist the special deputy clerks of Part II of the Trial Term, and of Part III of the Special Term, and perform such other duties as may be required of him by any justice of the Supreme Court.

Rule 2. Stenographers There shall be a stenographer attached to each Special and Trial Term of the Supreme Court, whose duty it shall be to attend at the session of the court to which he is assigned. In case his services are not needed in the court to which he is assigned, it shall be his duty to attend any other term of the court at which his services shall be required, either by the justice presiding at such other

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term or by the special deputy clerk attached thereto. The stenographers assigned to the Special or Trial Terms of the Supreme Court must attend in the courthouse each day at ten o'clock in the morning, and remain as long as he is required to remain by the justice presiding at the part to which he is assigned. They shall also render such assistance to any justice of the court as he shall require. In case of the absence of any stenographer from the part to which he is assigned, owing to illness, or when owing to an accumulation of work, any such stenographer shall be permitted by the justice presiding in such part to absent himself for a definite period from the daily sittings of the court, for the purpose of enabling him to write out the testimony taken by him, such stenographer may, subject to the approval of such justice, select another stenographer to take his place during such temporary absence.

Such temporary stenographer shall, before acting, take the oath of office. He shall be paid by the official stenographer whose place he takes, and his services shall not be a charge upon the city or county of New York.

Rule 3. Librarian and assistant

It shall be the duty of the librarian to take charge of the library of the Appellate Division of the Supreme Court; to attend in the room of such library each day during the sessions of the court, when the court is in session; and when not in session, from ten o'clock in the morning until four o'clock in the afternoon, or as much longer as he shall be required by either of the justices of the Appellate Division, and to perform generally such duties in relation to such library as either of the said justices shall require. He shall be responsible for all the books in the library, and shall see to it that all books removed from the library to the court room, or elsewhere,

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