Calendar; exchange - Rules 6, 7

on the then day calendar, taken from the general calendar in their order thereon, subject to the provisions of Rule 6. Causes not disposed of on any day shall be placed at the head of the calendar for the next day until disposed of.

Rule 6. Day calendar, how made up; when cause passed

Excepting the first twenty causes on the general calendar, no cause shall be placed upon the day calendar unless written notice is served on the clerk by the attorney on one side or the other that such cause is intended to be moved when called in its regular order, or unless it has been reserved for that day, by stipulation filed with the clerk. None of the first twenty causes on the general calendar shall be reserved by stipulation without consent of the court, upon application made on the first day of the term, and any cause not placed on the day calendar in its order on the general calendar, will be regarded as passed for the term unless put over, or reserved as above provided.

Rule 7. Exchange of cases

Causes must be argued when reached on the calendar. No exchange of cases will be allowed, unless both cases are ready for argument, and counsel intend to argue them at the same term at which the exchange be made, and when causes are exchanged each shall occupy the proper position of the other in date, on the same and every other subsequent calendar, until heard. A preferred cause exchanged for one not preferred, or set down for a particular day, shall lose its preference; and no case will be called more than once during the same term; unless it shall have been reserved or postponed with the consent of the court.

Submission; points; papers; rearguments Rules 8-11

Rule 8. Submission

If both parties desire to submit, they may do so at any time during the term by delivering to the clerk the cases and points required by General Rule 43, and either party may submit his points when the case is called, if the other party desires to argue orally on his part.

Rule 9. Papers, etc., to be included in points

The appellant, in addition to the statement required by Rule 41, shall prefix to his points a brief statement, showing in what court or before what officer or tribunal the action or proceeding was instituted, the relief sought, the defense or ground of opposition thereto, the result in the court or before the officer or tribunal in which the action or proceeding was commenced, and how the cause was brought into this court. If any opinion written in the case has been previously reported, he shall also state where it was so reported. If any opinion has been written which has not been reported, the party whose duty it is to furnish the papers shall submit a printed copy of such opinion to the court either in the record or with his brief.

Rule 10. Indorsement of papers

The counsel who argue a case shall indorse on the papers delivered to the justices their names and places of residence.

Every cause shall be deemed to be submitted to any justice, qualified to sit therein, who may be absent at the time of the argument, unless objection to such submission by counsel arguing such cause be then made.

Rule 11. Motions for reargument

Motions for reargument will only be heard on notice to the adverse party stating briefly the ground upon which a

Cause passed; term on holiday; copies of briefs Rules 12-14

reargument is asked, and such motion must be submitted on printed briefs stating concisely the points supposed to have been overlooked or misapprehended by the court with proper reference to the particular portion of the case, and the authorities relied upon.

Rule 12. Cause passed, how entered on subsequent calendars

If a cause is passed without being reserved, or put over by consent of the court, it shall be entered on all subsequent calendars as of the date when passed, and the party placing it on the calendar for a subsequent term, must state in his note of issue the date when it was passed. If he omits to do so, whereby the cause retains its priority on the calendar, the court, on the application of the adverse party, or on its own motion, may strike the cause from the calendar.

Rule 13. Term of Supreme Court designated to be held on holiday

Whenever a Trial Term or Special Term of the Supreme Court, in this department, shall be designated to be held or opened on a day which is provided by law to be observed as a legal holiday, such court shall be opened and held on the next succeeding secular day.

Rule 14. Copies of briefs

At least twenty days before a term of the Appellate Division at which a cause may be noticed for argument the appellant, or relator, shall serve upon the attorney for the respondent three printed copies of his brief upon which he intends to rely upon the argument, with a reference to all the authorities which he intends to cite to the court. At least eight days before said term the respondent shall serve upon the attorney for the appellant,

To attorneys

or relator, three printed copies of his brief with a reference to all the authorities which he intends to cite to the court. If the appellant, or relator, desires to present a brief in reply he may serve the same upon the attorney for the respondent at least three days before said term. Service under this rule may be made either personally or by mail, but service by mail shall not extend the time within which the answering brief may be served. This rule shall not apply to appeals from orders upon non-enumerated motions, nor to causes in which the time to file papers on appeal shall, under General Rule 41, expire within twenty days of the commencement of a term.

This rule is a valuable one and will be strictly enforced in the absence of special reason for its non-enforcement. As the rule itself does not prescribe any penalty for its violation the court has full power to protect every party against a willful disobedience thereof or against such a non-compliance therewith as will prejudice his rights. Matter of Haase (1905), 101 App. Div. 336, 91 N. Y. Supp. 373.

To Attorneys

A printed copy of the appeal papers shall be filed in the office of the clerk of the Appellate Division within twenty days after an appeal has been taken, etc. The copy so filed shall be certified by the proper clerk, or be stipulated by the parties to be true copies of the original. (Rule 41, General Rules of Practice.)

This shall be done before an appeal shall be placed upon the calendar. (Sec. 1353, Code Civ. Pro.)

Attorneys should also notice that Rule 41 requires three copies of the appeal papers to be served within the same time upon the opposite party.

Notes of issue shall be filed in the clerk's office eight days before the commencement of the court at which the cause may be noticed. (Rule 39, General Rules of Practice.)

Except that appeals from orders, to be heard as nonenumerated motions, may, after papers have been filed

Admission to the bar - Rule 15

and served in compliance with General Rule 41, be added to the non-enumerated calendar upon filing a note of issue with the clerk, five days before argument, and be noticed for argument for any motion day, upon the usual notice of eight days.

Notes of issue shall specify whether the appeal is to be placed upon the non-enumerated or general calendar, and where a preference is desired, the note of issue must state the claim for preference as provided in section 793 of the Code, and indicate the class to which it belongs. (Rules 1 and 3, Third Dept.)

Attention is also called to Special Rule 6, of this department, requiring notice to the clerk if a party desires the case put upon the day calendar when reached in its order upon the general calendar.

Thirteen (13) copies of the appeal papers and points must be delivered to the clerk before the commencement of the argument.

Rule 15. Admission to the bar

Candidates for admission to the bar may be sworn in at the opening of the court on any Thursday of the term, provided the necessary papers therefor shall have been filed with the clerk of the court on or before the Tuesday preceding.