Justice's decision; return of process - Rules 3-6

(d) The indorsement of the name and address of the attorney on the summons, pleading or any other paper in an action or proceeding shall be deemed an appearance within the meaning of section 332 of the Municipal Court Act.

Rule III. Entry of order on Justice's decision

The indorsement of the decision of a Justice, signed by him, upon any paper or process shall be sufficient, but either party desiring it may enter a formal order upon such decision.

Rule IV. Time within which bill of particulars shall be filed

When a bill of particulars is ordered, the same shall be filed in the clerk's office of the district in which the action is pending within three days after such order is made, unless other direction is made by the Justice.

Rule V. When jury trial is demanded

(a) When a jury is demanded, the jury shall be publicly drawn by the clerk from the panel under the supervision of the presiding Justice except as otherwise provided by law.

(b) It shall be the duty of the clerk to deliver the list as provided by section 231 of the Municipal Court Act, chap. 580 of the Laws of 1902, to the marshal or other person designated to effect service upon jurors at least three days before the jurors are required to attend, and it shall be the duty of the party receiving the list to effect service thereunder upon the jurors forthwith. This provision does not apply to summary proceedings to recover possession of real property.

Rule VI. Where original process is not returned to the court If the original summons or other process or mandate of the Court is not returned to the office of the clerk by the

Stipulations; adjournment; motions Rules 7-9

party charged with that duty, the Court may indorse a dismissal of the action or proceeding upon the copy served of such summons, process or mandate, or grant other appropriate relief and award costs in proper cases; and such copy of summons, process or mandate, with such indorsement thereon, shall thereupon be filed with the clerk, and shall have the same effect as if the original had been so indorsed or filed, provided proof of service is made, or written notice of appearance by attorney is filed.

Rule VII. Stipulations adjourning trial

All written stipulations adjourning trial before the causes are reached on the day calendar must be approved by the Justice presiding in the district in which the action is pending must be filed at least one day before the day for which the case is set for trial.

Rule VIII. Adjournments for cause

Causes set down for trial shall be tried when reached, unless legal ground for an adjournment is presented by affidavit.

Rule IX. Motions

(a) Motions may be brought on for hearing on not less than three days' notice, unless otherwise directed by the Court.

(b) Ex parte applications may be made to any Justice without regard to the district in which the action or proceeding is pending, or about to be commenced. Upon all such applications an affidavit shall be presented, which shall state whether any previous application has been made, and, if made, to what Justice, and the reasons, if any, for a previous denial of the relief asked for.

This rule which provides that ex parte applications may be made to any Justice only authorizes applications in actions pending in one district to a

Discharge of levy; preferred causes; duties Rules 10-13

Justice in another district for such orders as may be granted by a Justice as distinguished from the court. Matter of Bolte (1904), 97 App. Div. 551, 90 N. Y. Supp. 499.

Rule X. An undertaking to secure discharge of levy on

attachment

No approval of an undertaking given by the party or claimant to procure discharge of a levy under an attachment shall be granted ex parte. A party or claimant applying for such approval shall give at least two days' notice of justification to the adverse party.

Rule XI. Stipulations extending the court's time to decide

A stipulation to extend the time of the Court within which to render a judgment or make a decision must be in writing or noted upon the minutes of the trial.

Rule XII. Preferred causes

The following causes shall have preference on the calendar in the order named:

(1) Actions to recover wages.

(2) Summary proceedings to recover possession of real property.

(3) Causes held ready on the preceding trial day and not reached at the hour of adjournment.

(4) Actions on a written instrument for the payment of money only.

Rule XIII. Duties of clerks and other officials

(a) The conduct of the office of clerk in each of the districts shall rest with the clerk, who shall be clothed with the responsibility of keeping the proper records required by law, and of preserving the papers and records of the Court. The duties of the deputy clerk and such assistant clerks and other Court officials attached to the Court, when not in conflict with any statutory provision, or any

Duties of clerks and other officials - Rule 13

thing contained in these rules, shall be designated by the clerk. Such duties shall be specified in writing by the clerk, and, when approved by the Justice or a majority of the Justices elected from the district, shall be filed with the secretary of the Board of Justices.

(b) The clerk, deputy clerk, assistant clerks, interpreters and attendants shall report for duty promptly at the places to which they are assigned at 8.45 o'clock a. M. each day, and shall be in attendance until 4 o'clock, or until such later time as the Court may require.

(c) All court attendants shall, when on duty in and about the Court, wear such uniforms and badges as may be prescribed by the Board of Justices.

The Court interpreter shall wear an official badge during the session of the Court.

(d) The stenographer shall be in attendance during the sessions of the Court and at such other times and places as the Justice appointing him may direct.

(e) It shall be the duty of the Court attendants to maintain order in and about the Court, and the offices thereof, and perform such other duties in connection with the work of the Court as the Justice or Justices of the district to which an attendant may be assigned shall require.

(f) The clerk in each district, or, in his absence, the deputy clerk, shall, on or before the third day of each month, make a statement in writing, duly verified by his oath, of money received for fees by him as such clerk during the preceding month, and on or before the day named pay into the Finance Department of The City of New York all such moneys received by him for the use, or on behalf, of the City, for the preceding month, as required by law. A summary thereof shall thereupon be filed with the secretary of the Board of Justices, together with a detailed statement of the business of the Court for the previous month. The clerk, or, in his absence, the deputy

Submission of papers; return on appeal

Rules 14-16

clerk, of each Court shall keep accurate accounts of the moneys received by him, and from day to day shall deposit in such bank as the Comptroller of the City may designate all such moneys.

(g) The clerk shall take receipts for all moneys paid out by him.

(h) In the docket of summary proceedings which the clerk of the Court is required to keep, pursuant to section 284 of the Municipal Court Act, he shall enter in addition to the matters he is required to enter by the provisions of that section, the following: the particulars of the final order of the Court, the date of the issuing of a warrant and to whom; the return and when made, and the particulars of such return.

Rule XIV. Submission of papers

All papers in actions or proceedings shall be submitted to the clerk in the district in which such actions or proceedings are pending, and it shall be the duty of the clerk to forward such papers promptly to the Justice to whom they are to be submitted. In forwarding records to other districts, the clerk shall in all cases obtain a receipt for the records delivered from the clerk of the Court to whom they are delivered.

Rule XV. Duty of the Secretary of the Board

It shall be the duty of the Secretary of the Board of Justices to safely keep in his possession, as a public record, any paper, document or record which he is required by law, or by the rules of the Board of Justices, to keep, which records shall be open for public inspection.

Rule XVI. Return on appeal

The return on appeal shall be made up as follows: 1. The judgment-roll, which shall include the summons