Page images
PDF
EPUB

Motions; notices; appeal; appearance of attorneys

Rules 29-31

to a part for trial, shall be made to the Judge of such part, or, in his absence, to any Judge of the Court.

All other ex parte applications and all other motions, except those incidental to the trial of an action, shall be made in Part I.

Rule XXIX. Motions, notices, notes of issue Motions to be made in Part I. may be noticed for any Court day during the term. They must be noticed for 10.30 a. m. Two days' notice of motion shall be given, unless an order to show cause returnable in less time be granted. Each side shall be allowed fifteen minutes on the argument of a motion, or of an appeal, unless the Court shall otherwise order.

Notes of issue for motions and appeals must be filed with the clerk of the Court at least one day before the day on which the motion or appeal is noticed to be heard, except where an order to show cause returnable in less time is granted; when the clerk shall place the motion upon the calendar at any time before the hearing, upon the exhibition of the order to show cause and the filing of a note of issue.

Rule XXX. Certification of cases on appeal

All cases on appeal to the Appellate Division, First Department, must be submitted to the clerk of this Court for certification at least five days before the time specified in Appellate Division Rule VI.

Rule XXXI. Appearance of attorneys Upon the application of an attorney duly authorized to practice in the courts of this State, the clerk shall enter, in a book to be kept for such purpose, and known as the “Appearance Book,” the appearance of such attorney

Appearance of attorneys — Rule 31

on behalf of a defendant charged with crime in an action pending in this Court. The clerk shall not enter any subsequent appearance of another attorney for such defendant, without an order in writing made by a Judge of this Court.

Whenever an appearance is entered, as above specified, and the defendant in the action is imprisoned in the City Prison, the clerk shall forthwith notify the Warden of the City Prison of the name of the attorney appearing, and the name of the prisoner for whom such attorney appears.

Upon the presentation of an order of any Judge of the Court, the clerk shall also issue a permit to the attorney named in such order, authorizing him to confer with the defendant or defendants named therein, and such attorney shall thereupon make an entry to that effect in the Appearance Book.

Pursuant to the provisions of chapter 542 of the Laws of 1909, the foregoing rules are adopted as the Calendar and Practice Rules of the Court of General Sessions in and for the City and County of New York, to be in force on and after January 1, 1910. Dated New York, December 14, 1909. By order of the Court,

EDWARD R. CARROLL,

Clerk of Court.

RULES

OF THE

CITY Ꮯ 0 UᎡT OF NEW Y0 ᎡᏦ

RULES

OF THE

CITY COURT OF NEW YORK

(Adopted June 7, 1910, in effect September 1, 1910)

RULE 1. Trial Terms.

2. Special calendar for short causes.
3. Preferred causes.
4. Actions transferred from other courts.
5. Pleadings furnished to court - duty of attorney.
6. Cases in which a new trial is ordered at Appellate Court.
7. Marine cases.
8. Jurisdiction.
9. Special Term.
10. Ex parte order of reference in supplementary proceedings.
11. Extension of time to answer.
12. Daily motion calendar.
13. Order in supplementary proceedings to punish for contempt;

when returnable.
14. Calendar practice call calendar.

Day calendar.
15. Fees paid to the clerk not returnable.
16. Special rules concerning the duties and obligations of the clerk

of the City Court of the City of New York. 17. Restoration upon dismissal of complaint.

Former rules abrogated.

In convention pursuant to section 323 of the Code of Civil Procedure ordered that the following rules be and they are hereby adopted as the rules of practice for the City Court of the City of New York, to take effect September 1, 1910.

Rule I. Trial Terms

Each Trial Term shall begin on the first Monday of the month for which it is assigned, and may be con

« PreviousContinue »