Rule IX. Co-defendants, prison action

When there are co-defendants in an action, and some, but not all, furnish bail, the action shall be deemed a prison action as against all the defendants.

Rule X. Calendars

Each part of the Court shall have two calendars, to be known respectively; as, (1) Preferred Calendar; and, (2) Regular Calendar.

Rule XI. Making calendars

The clerk shall make up calendars for the respective parts of the Court for each day, from the actions assigned from the Call Calendars, in the order of the dates of the joinder of issue. He shall arrange the actions entitled to a preference under the title, "Preferred Calendar," and all other actions under the title "Regular Calendar."

Rule XII. Actions preferred

When a defendant in an action is charged with the violation of any provision of sections 480 or 481 of the Penal Law, or when a defendant under the age of sixteen years is charged with an offense triable in this Court, or when a defendant is charged with an offense against the person of a child under the age of sixteen years; the trial of any such action shall have preference over all other actions in the part of the Court to which it is assigned; and the clerk shall place the action upon the calendar of said part under the title "Preferred Calendar."

Rule XIII. Witnesses, actions preferred

When a witness has given an undertaking, or is detained to appear against a defendant in an action, or when a ma

Trial; calendars, etc. Rules 14-17

terial witness in an action is a non-resident, or is about to leave the State, the trial of any such action shall be placed upon the Preferred Calendar following the actions entitled to a preference under Rule XII.

Rule XIV. Speedy trial necessary, action preferred

The trial of an action may also be preferred, whether or not such action be on the Call Calendar, when it appears, by certificate of the District Attorney, or by affidavit of the defendant, to the satisfaction of the Judge presiding in Part I. that there should be a speedy trial. The action shall be assigned thereupon to a part of the Court and shall be tried immediately or upon the conclusion of any action on trial in such part. The motion to prefer shall be made on one day's notice.

Rule XV. Call of calendar, duty of district attorney

Upon the call of the Call Calendar, it shall be the duty of the District Attorney, by certificate, or of the defendant, by affidavit, to inform the Judge if an action be entitled to preference under Rules XII., XIII. and XIV., or if a special disposition of the action be required under Rules V., VIII., IX. and XVI.

Rule XVI. Placing action on subsequent calendar

If, upon the call of a Call Calendar, it be established by certificate of the District Attorney or by affidavit of the defendant, to the satisfaction of the Judge that an action should not then be assigned to a part for trial, the Judge may direct that the action be placed upon a subsequent Call Calendar.

Rule XVII. Day calendar, trial

When an action appears upon the day calendar it must be tried, unless it appears by certificate of the District

Engagement of counsel; bail; rearrest Rules 18-20

Attorney or by affidavit of the defendant to the satisfaction of the Judge calling the day calendar that, in consequence of the happening of an event since the action was assigned for trial, the trial thereof cannot proceed with justice to either the People or the defendant; the Judge may then set the action down for trial on another day in the term, or transfer the action to the Call Calendar.

Rule XVIII. Action when passed, engagement of counsel

When an action is on the day calendar for trial, if it shall appear to the Judge, by affidavit, that the counsel who is to try the action is to argue a cause on the day calendar of the Supreme Court of the United States, or on the day calendar of the Court of Appeals of the State of New York, or on 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 State of New York, the trial of the action shall be passed for the day, or until such argument or trial is concluded, unless the trial in which counsel is engaged is a protracted one. In no other event, except as provided in Rule XVII., shall the trial of the action upon the day calendar be passed for the day.

Rule XIX. Bail after assignment of actions

When a defendant gives bail after the action has been assigned to a part for the trial of prison actions, the action shall be disposed of in the part to which it was originally assigned; or, in the discretion of the Judge presiding in such part, it may be transferred to Part IV. for trial.

Rule XX. Rearrest of defendant under bail

If a defendant under bail be rearrested on the original charge and be thereupon committed, the action shall be

Indictment; trial; new trial —- Rules 21-24

placed on the calendar for prison actions, unless he be admitted again to bail.

Rule XXI. Defendants indicted jointly, trial

When two or more defendants are jointly indicted and one or more defendants have been tried before the Judge holding the part to which the action was assigned, the trial of the remaining defendant or defendants shall proceed before the same Judge; unless otherwise ordered by such Judge, or, in his absence, by the Judge presiding in Part I.

Rule XXII. Plea, withdrawal of

When an action is called upon the Call Calendar a defendant may apply to withdraw his plea of not guilty and interpose a plea of guilty. A defendant, at any time after his action has been assigned for trial to a part of the Court, may apply also in such part, upon one day's notice to the District Attorney, to withdraw his plea of not guilty and interpose a plea of guilty.

Rule XXIII. Trial after disagreement or mis-trial

When an action has been tried and the jury have disagreed, or, if there has been a mis-trial, or a juror has been withdrawn, the action may be tried again in the same part of the Court, or, in the discretion of the Judge, the action may be transferred to the next appropriate Call Calendar, and it shall appear at the head thereof.

Rule XXIV. New trial

When a judgment of conviction is reversed and a new trial ordered the action shall be restored to the appropriate Call Calender within ten days, and it shall appear at the head thereof.

Trial; bail action; order of procedure; applications Rules 25-28

Rule XXV. New trial

If a judgment of conviction in the Magistrates' Court be reversed and a new trial ordered, such new trial shall proceed before the Judge who ordered the new trial, on a day to be fixed by said Judge.

Rule XXVI. Bail action, trial

No trial of a bail action shall be had during the months of July, August and September, except an action entitled to a preference under the rules.

Rule XXVII. Order of procedure

The order of procedure shall be as follows: PART I.

1. Judicial direction of the Grand Jury. 2. Call of the day calendar 10.30 a. m.

3. Motions and appeals.

4. Pleadings.

5. Sentences.

6. Pleas of guilty to indictments from day calendar.

7. Trials.

8. Call Calendar

2 p. m.

Monday, Wednesday and Friday,

PARTS II., III., IV. AND V. —

1. Call of the day calendar 10.30 a. m.

2. Sentences.

3. Pleas of guilty to indictments.

4. Trials.

A Judge may, in his discretion, depart from this order of procedure.

Rule XXVIII. Ex parte applications

Ex parte applications to issue a bench warrant, or to fix or increase bail, in an action which has been assigned