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APPELLATE DIVISION RULES

FIRST DEPARTMENT

(Amended to Oct. 1, 1910)

RULE 1. When court is open.

2. Motion days; calendar; ex parte business.
3. Appeals from orders; time allowed; submission.
4. Appeals from orders; return; dismissal; postponement of argu-

ment of non-enumerated case by consent.
5. Calendar of enumerated cases; note of issue; return; dismissal;

preferred causes.
6. Day calendar; points, service of, on opposing party.
7. Submission on points.
8. Motions for reargument.
9. When supplemental brief may be submitted.
Counsel having cases on same day calendar in first and second

departments.
10. Allowance of appeals from City and Municipal Courts.

Rule 1. When court is open

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The court will open at two o'clock and continue until six o'clock in the afternoon, unless sooner adjourned; except that on motion days the court will open at halfpast ten o'clock in the forenoon. (As amended Dec. 17, 1909.)

Rule 2. Motion days; calendar; ex parte business The first and third Fridays succeeding the first and third Mondays of each month, or such other days as shall be designated for hearing appeals from orders by the Appellate Division, shall be motion days. The clerk will make up a calendar for each motion day of all motions noticed to be heard on that day. A note of issue stating the nature of the motion and the day for which

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it has been noticed must be filed with the clerk before 12 o'clock noon on the day preceding the day for which the motion is noticed. The Motion Calendar will be called by the clerk at 10 o'clock on each motion day, when all motions to be submitted without oral argument must be submitted. Where a motion is to be orally argued the same will be marked ready on the call by the clerk, and will be heard by the court at 10:30. (As amended Dec. 17, 1909.)

Rule 3. Appeals from orders; time allowed; submission

Appeals from orders will be heard only upon motion days, the calendar of which will be taken up immediately after the disposition of the motion calendar. On the argument of such appeals. not more than fifteen minutes will be allowed to each side, except when the court otherwise orders. Appeals from orders which have been placed upon the calendar may be submitted by the parties, with the approbation of the court, at any time during the term, upon delivering to and leaving with the clerk the requisite number of printed copies of the points.

Rule 4. Appeals from orders; return; dismissal; postponement

of argument of non-enumerated case by consent Appeals from orders may be noticed for argument on any motion day. The appellant or moving party must file with the clerk of the Appellate Division at least eight days before the day upon which such appeal shall have been noticed, a note of issue, which shall state the day upon which the notice of appeal shall have been served, and sixteen copies of the papers upon which the appeal is to be heard, printed as required by Rule 41 of the General Rules of Practice, with an affidavit showing the

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service of three printed copies thereof upon the attorney for the respondent, together with a notice of argument of the appeal with admission or proof of service; and the clerk shall thereupon place the appeal upon the calendar for the day upon which such appeal shall have been noticed. If an appeal shall have been noticed for argument by the respondent, and the appellant or other party whose duty it is to file sixteen copies of the papers upon which the appeal is to be heard, printed as required by the General Rules of Practice, shall fail to file the same at least eight days before the day for which such appeal is noticed, the opposite party may move upon affidavit and upon four days' notice of motion that the appeal be dismissed or that judgment be rendered in his favor.

At any time before three o'clock of the day preceding the day upon which a non-enumerated case shall have been noticed for argument, or to which the hearing thereof shall have been adjourned, the respective counsel may file a written consent with the clerk that the case may be set down for a subsequent motion day; and cases set down will be added to the calendar of that day at the foot of the cases remaining thereon undisposed of without further notice.

Rule 5. Calendar of enumerated cases; note of issue; return;

dismissal; preferred causes

The clerk will make up a calendar of enumerated causes for each term of the court, which shall consist of the enumerated causes upon the calendar of the preceding term undisposed of, to which shall be added new cases which shall have been noticed as hereinafter provided.

The appellant, the plaintiff in a controversy submitted to the court under section 1279 of the Code of Civil Pro

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cedure, the relator in a writ of certiorari, or the moving party in a case to be heard as an enumerated case, shall file with the clerk of the Appellate Division, within the time prescribed by Rule 41 of the General Rules of Practice, a printed copy of the papers upon which the appeal or case is to be heard, duly certified as required by the rule, and sixteen copies of the printed papers upon which the case is to be heard, printed as required by the General Rules of Practice, with an admission of service or an affidavit showing the service of three printed copies thereof upon the attorney for the respondent or opposing party. After the printed copies of the papers shall have been duly filed as hereinbefore required, and after the printed copies of the points shall have been filed by the appellant or moving party, as required by Rule VI, either party may notice the case for argument for any day in the term, and upon filing of such notice of argument, with admission or proof of service, with the clerk of the court, and a note of issue which shall state the day upon which the notice of appeal was served, the clerk shall, upon the day for which the same shall have been noticed, place the case upon the calendar at the foot thereof.

In case the party whose duty it is to file and serve the printed papers shall fail to file or serve the same as hereinbefore required, the opposing party may move upon four days' notice that the appeal be dismissed, or that judgment or order be rendered in his favor.

Either party to an appeal which by law is entitled to a preference may serve with the notice of argument a notice that application will be made on the next motion day for an order placing the cause upon the Day Calendar upon a day named in the notice of motion, and such application will be heard as a motion on the motion day for which the same is noticed. (As amended Dec. 17, 1909.)

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Rule 6. Day calendar; points, service of, on opposing party

Within twenty days after the papers upon which an appeal is to be heard shall have been filed with the clerk of the court as required by Rule 41 of the General Rules of Practice and by Rule V of these rules, except when the papers are filed in July, August or September, the appellant, plaintiff in a controversy submitted to the court under section 1279 of the Code of Civil Procedure, the relator in a writ of certiorari, or the moving party in a case to be heard as an enumerated case, shall file with the clerk sixteen printed copies and serve upon the attorney for his opponent three printed copies of the points to be relied upon by him, with a reference to the authorities to be cited. When the papers are filed in July, August or September, then the points must be filed and served at least fifteen days before the first Tuesday of October. Within ten days after such service the respondent or defendant shall file with the clerk sixteen printed copies and serve on the attorney for the appellant or moving party three printed copies of the points to be relied upon by him, with a reference to the authorities to be cited. If the appellant or moving party desires to present points or authorities in reply he shall file with the clerk sixteen printed copies and serve three printed copies thereof on the attorney for his opponent within five days after the receipt of his opponent's points. No points will be received by the court on the argument or submission of the appeal unless they shall have been filed and served as above provided. At 4 o'clock on each day the Clerk will make up a calendar of fifteen enumerated cases for the next day. A case on such Day Calendar will not be reserved or postponed except by order of the court upon special cause shown. At any time after the filing of a note of issue in an enumerated case, and before it shall have been placed on the Day Calendar, a written

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