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RULES

OF THE

MUNICIPAL COURT OF NEW YORK

(Adopted December, 1907)

RULES OF PRACTICE

RULE 1. Calendar practice.

2. Filing of return and of other papers.
3. Entry of order on justice's decision.
4. Time within which bill of particulars shall be filed.
5. When jury trial is demanded.
6. Where original process is not returned to the court.
7. Stipulations adjourning trial.
8. Adjournments for cause.
9. Motions.
10. An undertaking to receive discharge of levy on attachment.
11. Stipulations extending the court's time to decide.
12. Preferred causes.
13. Duties of clerks and other officials.
14. Submission of papers.
15. Duty of the secretary of the board.
16. Return on appeal.
17. Stenographer's fees.

Rule I. Calendar practice (a) Court shall open at 9 o'clock A. M.

(b) The parts of the Court in each district shall be numbered consecutively.

(c) In any district where more than one part is held, all process, orders to show cause and notices of motion shall be made returnable and called in Part I, and all calendars shall be called in that part. In any district where, in the judgment of the elected or appointed Justices thereof, the volume of business is too great to be accommodated by

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the call of the entire calendar in Part I, such Justices may file with the Secretary of the Board of Justices a written designation of Part II as the part of said Court where the calendar of adjourned causes shall be called, and due notice of such designation shall be conspicuously posted in and about the Court premises.

(d) The process of the Court may be returnable on any Court day.

(e) All summonses, precepts, notices of motion and orders to show cause shall be made returnable at 9 o'clock A. M. Where more than one part of the Court is in session, the Justice calling the calendar shall forthwith, upon a cause being marked ready for trial, assign it for trial to a disengaged part and so continue until all parts are engaged.

(f) The clerk of each district shall prepare a day calendar, containing return causes and adjourned causes, which shall be posted in the clerk's office before the opening of Court.

Causes shall be placed upon the trial calendar in the order in which they have been adjourned.

The clerk shall note upon the calendar the causes entitled to a preference under Rule XII.

(g) During the months of July and August, Court shall be held on such two days, during each week, as the presiding Justice shall designate, and during said months no cause other than proceedings for the summary recovery of real property and actions brought to recover wages shall be tried, except by order of the presiding Justice.

(h) There shall be in each district a calendar of causes reserved generally, on which calendar the Court may, of its own motion, place any cause which has been adjourned more than three times, and on this calendar any cause may likewise be placed by consent or upon stipulation of the parties or of counsel. Causes may be restored on three

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days' notice and placed on the calendar for trial for a day subsequent, or parties may at any time consent to take a cause from such reserved calendar and restore it to the day calendar, upon the approval of the Court.

(i) There is hereby established what shall be designated as a special calendar, to which causes to be tried by the court without a jury may be transferred for trial from any of the districts in the Borough of Manhattan, by consent of attorneys. Such consent shall be in a form approved by the Board of Justices, and blanks may be obtained at the clerk's office in the several districts of the Borough of Manhattan. Causes so transferred to this calendar shall not be set for trial for any particular day, but shall be placed upon such calendar in the order in which they shall be transferred thereto, and shall be numbered consecutively in the order of receipt by the clerk in charge of said special calendar. Such special calendar shall be called in one of the parts of the First District Court of the Borough of Manhattan at 9 o'clock each Court day, in a part other than that in which any other calendar is called. Cases on this calendar must be tried when reached, except where legal excuse is presented by affidavit or else marked to the foot of such special calendar. It shall be the duty of the clerk of the First District Court of the Borough of Manhattan, or one of the assistant clerks who may be specially designated by the Board of Justices for the purpose of attending to this special calendar, and who, if so designated by the Board of Justices, shall be known as the special calendar clerk, to prepare a day calendar in accordance with this rule, placing thereon as many causes as in the judgment of the justice holding such part can be reached for trial on the day for which the calendar is prepared. Such calendar shall be posted in the clerk's office at least two days in advance, and shall be furnished by such clerk to the New York Law Journal" for publication. It shall

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be the duty of such clerk to keep a record of the cases transferred to this special calendar, and to enter thereon the name of the cause and date of its receipt, and the district from which the same is received, immediately after the receipt of the papers in said cause; and it shall be the duty of the clerks in the respective districts in the Borough of Manhattan to forward to the clerk of the First District Court, without delay, any cause which has been transferred to such special calendar. The causes so transferred to such special calendar shall, after such transfer, be considered as pending in the First District Court of the Borough of Manhattan, and all future records shall be made in such district.

Rule II. Filing of return and of other papers (a) All process, pleadings and writings filed with the clerk shall be appropriately indorsed, and the clerk shall, on such papers being filed, stamp the same "filed,” with the date of filing, and write his name and the title of his office thereon. Unless properly indorsed the clerk shall not accept any papers for filing.

(b) To entitle a cause to be placed on the calendar, the summons or other process must be returned with proof of service thereof to the clerk's office, and the calendar fee paid at least two days before the return day. This rule shall not apply to precepts in summary proceedings where, by direction of the Court, they are made returnable on the same day as issued or the day after.

(c) The summons, when returned to the clerk's office, shall be indorsed with the residence or post office address of the plaintiff, and also the name and post office address of the attorney, if any. The indorsement upon the summons of the address of the plaintiff shall be deemed his post office address for the purpose of the service of papers in all cases where papers may be served upon the plaintiff.

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