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NEW YORK SUPERIOR COURT RULES.
ADOPTED JANUARY 18TH, 1851.
RULE 1. General and special terms, when held.—The general and special terms of the court will be held on the first Mondays of January, February, March, April, May, June, October, November, and December, in each year, and will continue until the last Saturday of such months respectively.
RULE 2. Business at general term; time of opening.–At the general terms, the court will hear appeals and enumerated motions. The general term will open at eleven o'clock A. M.
RULE 3. Trial term.—The special term will consist of two or more trial terms, held by two or more justices, severally, and a term held by one justice, which will be designated the special (or equity) term. For the trial terms the clerk will prepare a calendar for each branch of the court, containing the issues of fact to be tried by a jury. Such calendars will be called and regulated by the justice presiding in each court. The trial terms will open at eleven o'clock A, M.
RULE 4. Special term. For the special term the clerk will prepare a calendar, containing, first, the issues of law noticed for argument at such term, and, second, all issues of fact noticed for trial, which are designated on the notes of issues as causes not requiring to be tried by a jury by section 253 of the Code of Procedure, or in which a jury trial is waived. The special term will open at ten o'clock A. M., and the first hour will be devoted to the giving of judgment in undefended causes, and the hearing of litigated nonenumerated motions. The calendar will be taken up each day at eleven o'clock A. M.
RULE 5 (as amended January, 1862). Non-enumerated motions.At ten o'clock in the morning, daily, except Sundays, New Year's day, Good Friday, Thanksgiving and Christmas days, the Fourth of July, and the days of annual election, special terms shall be held at chambers to hear non-enumerated motions and applications required to be made in open court; also for the trial of causes which the parties and the justice sitting in such term may consent to have tried before him without a jury, and giving judgment therein; and also for giving judgment in actions under chapter one, title eight, second part of the Code. And as many special terms for such purposes may be held simultaneously as there may be justices attending to hold the same.
Where the notice of a motion or application states that it will be made at chambers, or at a special term at chambers, it shall be heard there only, unless the parties otherwise agree; and either party may there take the other's default therein.
RULE 6. Attendance of justices at chambers.—The justices designated to hold the general terms will attend at chambers daily, during their respective terms, from ten to eleven A. M., to dispose of ex-parte applications and of non-enumerated motions. All applications for ex-parte orders, and for judgments upon failure to answer, during the general terms, must be made before eleven o'clock A. M.
RULE 7 (as amended October, 1858). Appeals from orders on non-enumerated motions.-Appeals from all orders made on nonenumerated motions will be heard on each Saturday during the general terms, at eleven o'clock A. M. Such appeals may be noticed for that time. Appeals from orders sustaining or overruling demurrers will also be then heard, and will be heard in their order on the general term calendar. Six copies of the appeal papers must be furnished to the court.
RULE 8. Motion to set aside verdict as against evidence.—A party intending to move to set aside a verdict as against the evidence, must obtain from the justice who tried the cause an order staying the proceedings for that purpose. Such a motion will not be entertained unless the stay of proceedings be obtained and served within four days after the entry of the judgment by the clerk, or before the insertion of the costs by the clerk in the entry of the judgment. The court, by order, may permit the judgment to be entered and collected, without prejudice to a motion to set aside the verdict; and may impose such terms on each party in respect thereof as to the court may seem meet.
RULE 9. Case and exceptions on motion to set aside verdict as against evidence. The party moving to set aside a verdict as against evidence must prepare a case, and procure the same to be settled in the usual manner. If the party making the case intends to appeal from the judgment, when entered on the verdict, because of errors of law alleged to have occurred at the trial, or in the direction for judgment, he must present such alleged errors in the case made for setting aside the verdict. If the errors complained of were excepted to in due season, when they occurred, the case may be turned into exceptions, as of course, in the event of the application to set aside the verdict being denied.
RULE 10. Hearing on motion to set aside verdict.—The motion to set aside the verdict on the case when settled, must be brought on, on the usual notice, at the special term. No alleged errors of law presented by such case will be considered at the special term, unIess by the express directions of the justice before whom the cause was tried.
RULE 11. Appeal from order granting or refusing a new trial.If either party appeal from an order of a justice granting or refusing a new trial on such case, the appeal may be brought on before the general term, on the usual notice. If the order refuse a new trial, and there be alleged errors of law contained in the case on which the motion was made, the appeal from the judgment in respect to such errors of law must be brought on and argued at the same time with the appeal from the order refusing a new trial, at the special term.
RULE 12. Costs on appeal.—The costs, on an appeal to the general term from a judgment, as well as from an order granting or refusing a motion to set aside a verdict as against evidence, when allowed by the court, shall be the costs prescribed in subdivision six of section three hundred and seven of the amended Code, together with the expenses specified in section three hundred and eleven. But where an appeal from such order is heard at the same time with an appeal from the judgment in the cause, the court may, in its discretion, give costs on the former appeal, as if it were a motion at special term.
RULE 13. Motion for re-hearing before referees. — The party who moves for a re-hearing or review of a cause or matter decided by a referee or referees shall procure and furnish to the court a special report of the referee or referees, setting forth distinctly the facts found on the reference, and his or their decision upon the points of law arising in the cause.
RULE 14. (Adopted December, 1851.) Notes of issue.—That all notes of issue hereinafter filed with the clerk, in causes which have once been on the calendar for trial or argument, shall specify the number of the cause on the last preceding calendar on which it was entered, and the date of such calendar. And every note of issue shall state whether the cause is to be placed on the calendar of the general term, the special term, or the trial term. No cause shall be entered by the clerk on either calendar, unless the note of issue conforms to this rule.
RULE 15. (Adopted March 6, 1852.) Notes of issue. That all notes of issue hereinafter filed with the clerk, in causes which have once been on the calendar for trial or argument, shall specify the number of the cause on the last preceding calendar on which it was entered, and the date on such calendar. And every note of issue shall state whether the cause is to be placed on the calendar of the general term, the special term, or the trial term. No cause shall be entered by the clerk on either calendar, unless the note of issue conforms to this rule.
RULE 16. (Adopted March 19, 1853.) Notes of issue.—That all notes of issue hereafter, for the general, special, and trial terms of this court, must be filed with the clerk eight days before the commencement of the first day of the succeeding term.
RULE 17. (Adopted March 10, 1855.) Inquests.—That when a cause is placed on the day calendar for trial, the plaintiff may, at the opening of the court each day, take an inquest therein, in any case the court will consent to try, without the intervention of a jury, though an affidavit of merits may have been filed, unless the defendant shall appear and state that a defence is intended to be made.
RULE 18. (Adopted April 11, 1857.) Filing papers. Entering orders. Motion for judgment.—The attorneys of the parties must file immediately every paper read by them on a motion.
Every order hereafter entered must specify the papers on which it was granted or opposed; and the clerk is directed not to enter any order unless such papers are exhibited to him and filed, or unless they have been previously filed.
Either party, at the time of giving notice of trial for the special or trial term, may also give notice that he will move, on the first day of term, for judgment upon the pleadings, or upon the pleadings with such admission on his part as he may specify; and may thereupon bring on the action to be tried, and move for such judgment as he may be entitled upon the pleadings, with or without such admission.
RULE 19. (Adopted 19th October, 1861.) False defences. Short causes.-In actions on contract, where there is reason to believe that the defence is interposed for the purpose of delay, and that the trial will not occupy more than one hour, the plaintiff may apply by motion at chambers or special term, on a notice of four days, to have the issue placed upon a special calendar for trial (serving with such notice any affidavits or papers he may wish to use on the motion, which have not already been served); and the same may be so ordered in the discretion of the justice before whom the motion shall be made.
If such motion be granted, the cause will be entered on a special calendar to be made by the clerk, on receiving a note of the issue specifying the number of the cause on the general trial calendar, and the date of the order directing it to be placed on such special calendar. Such note of issue to be filed with the clerk four days before the day on which the cause shall be so entered.
The special calendar will be called on the second and last Friday of each trial term, in part No. 1, for trials, by the justice there presiding, and the causes may be tried in either part as may be directed by such justice.
If the trial of the cause shall occupy more than one hour, the trial may be suspended at the discretion of the court, and the cause be placed at the foot of the general trial calendar.
RULE 20. Regulations as to the calendars.—Causes may be generally reserved by a written consent of the attorneys, filed at any time before the case is on the day calendar. Cases so reserved may afterwards be placed upon the day calendar, on the application of either party to the judge at chambers, provided two days' previous notice of such application be given to the adverse party.
All causes marked “Off for the Term,” shall have priority at the succeeding term, and will be placed in their order at the head of the calendar therefor.
Causes passed, or run down, will be placed upon the calendar for the succeeding term, as of the date of issue when thus passed or run down.