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COURT OF GENERAL SESSIONS

IN AND FOR THE CITY AND COUNTY OF NEW YORK

CALENDAR AND PRACTICE RULES

COURT OF GENERAL SESSIONS

IN AND FOR THE

CITY AND COUNTY OF NEW YORK

CALENDAR AND PRACTICE RULES

(Adopted Dec. 14, 1909, in effect Jan. 1, 1910)

RULE 1. Indictments, record of.

2. Calendars.
3. Call calendar of prison actions.
4. Call calendar of bail actions.
5. Assignment of homicide actions.
6. Assignment of bail or prison actions.
7. Transfer of actions.
8. Assignment when more than one indictment against same de-

fendant.
9. Co-defendants, prison action.
10. Calendars.
11. Making calendars.
12. Actions preferred.
13. Witnesses, action preferred.
14. Speedy trial necessary, action preferred.
15. Call of calendar, duty of district attorney.
16. Placing action on subsequent calendar.
17. Day calendar, trial.
18. Action when passed, engagement of counsel.
19. Bail after assignment of action.
20. Rearrest of defendant under bail.
21. Defendants indicted jointly, trial.
22. Plea, withdrawal of.
23. Trial after disagreement or mis-trial.
24. New trial.
25. New trial.
26. Bail action, trial.
27. Order of procedure.
28. Ex parte applications.
29. Motions, notices, notes of issue.
30. Certification of cases on appeal.
31. Appearance of attorneys.

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Rule I. Indictments, record of The clerk shall enter in a book a record of all indictments pending in the Court of General Sessions on the 1st day of January, 1910, and of all indictments which shall be found thereafter in said Court, or transferred thereto from the Supreme Court, upon which issue shall have been joined by a defendant's plea or demurrer. Said indictments shall be entered in said book according to the date of the joinder of issue. When two or more defendants are jointly indicted and issue has been joined on different dates, the date of issue shall be the date upon which issue was first joined by any defendant by plea.

Rule II. Calendar

The clerk shall make and keep two calendars, to be known, respectively; as, (1) “Calendar of Prison Actions," which shall contain a list of all actions wherein a defendant is imprisoned, and, (2) “Calendar of Bail Actions,” which shall contain a list of all actions wherein a defendant has been admitted to bail. Actions shall be placed by the clerk upon such calendars, respectively, in the order of the joinder of issue.

Rule III. Call calendar of prison actions The clerk shall make up from the general Calendar of Prison Actions a calendar to be known as the Call Calendar of Prison Actions Said calendar shall consist of indictments upon which issue shall have been joined by plea, in the order of the joinder of issue. Said calendar shall be called, by the Judge holding Part I., on Monday, Wednesday and Friday of each week, at 2 p. m., unless the said Judge shall otherwise direct. Upon such call the Judge shall assign said actions for trial, in rotation, to Parts I., II. and III. of the Court, except as hereinafter provided.

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The clerk shall make up from the general Calendar of Bail Actions, a calendar to be known as the Call Calendar of Bail Actions. Said calendar shall consist of indictments upon which issue shall have been joined by plea, in the order of the joinder of issue. Said calendar shall be called by the Judge holding Part I.,on Friday of each week, at 2 p. m., unless said Judge shall otherwise direct. Upon such call, the Judge shall assign said actions for trial to Part IV. of the Court, except as hereinafter provided.

Rule V. Assignment of homicide actions

Actions in which the defendants are charged with homicide, and all other actions wherein it shall appear to the satisfaction of the Judge that the trial will necessarily occupy more than three days, whether the defendant is imprisoned or under bail, shall be assigned to Part V. of the Court for trial.

Rule VI. Assignment of bail or prison actions If an extended term of the Court be held, the Judge calling the Call Calendar shall assign to it for trial either bail or prison actions, or both.

Rule VII. Transfer of actions

A Judge holding any part of the Court may transfer an action from his part to another part, with the concurrence of the Judge presiding over such other part. Rule VIII. Assignment when one more than indictment against

same defendant When there are more indictments than one against the same defendant, upon which issue has been joined by plea, the actions, when assigned for trial, shall be assigned to the same part of the Court.

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