RULES OF CIVIL PRACTICE

Adopted by the convention to consider and adopt rules of civil practice, held at the capitol in the city of Albany, beginning at noon of the second Tuesday of June, one thousand nine hundred and twenty, pursuant to chapter nine hundred and two of the laws of the state of New York for the year one thousand nine hundred and twenty, as amended by chapter three hundred and seventy of the laws of nineteen hundred and twenty-one, "binding upon all the courts in this state and all the justices and judges thereof, except the court for the trial of impeachments and the court of appeals." [In effect October 1, 1921.]

Title

1. Courts; miscellaneous provisions (Rules 1-9). 2. Papers and the filing thereof (Rules 10-16)..

3. Service of papers (Rules 20, 21)...

4. Security (Rules 25-27)....

5. Payment into court (Rules 30-34)....

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6. Action by or against poor person (Rules 35-37).....

7. Guardians ad litem and special guardians (Rules 39-44).
8. Summons and the service thereof (Rules 45-53)...
9. Appearance (Rules 55, 56).

11. Orders (Rules 70-74)....

12. Arrest, injunction and attachment (Rules 80-84).. 13. Extension of time (Rules 85-88)....

14. Pleadings (Rules 90-116)......

15. Depositions to be used within the state (Rules 120-133)...... [Sub-analysis p. 3] 16. Depositions to be used without the state (Rules 136, 137).... [Sub-analysis p. 3] 17. Perpetuation of testimony in real property actions (Rule 138). [Sub-analysis p. 3] 18. Discovery and inspection (Rules 140-142). 19. Change of venue (Rules 145-147)........

20. Notice of trial and of issue (Rules 150, 151)..

21. Trial (Rules 155-166)

22. References (Rules 170-173).

23. Receivers (Rules 175-180)..

24. Judgment (Rules 185-204)....

25. Declaratory judgment (Rules 210-214).

26. New trial (Rules 220-224)..

27. Appeals (Rules 229-239)...

28. Action to recover real property (Rules 240, 241).

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Title

29. Action for dower (Rule 243).

30. Action for partition (Rules 245-251)...

31. Action for foreclosure (Rules 255-267)...

32. Action to recover chattel (Rules 270-273)....

33. Matrimonial actions (Rules 275-283).....

34. Committee of incompetent person (Rules 285-288).....

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35. Infants; their guardianship and maintenance (Rules 290-294). [Sub-analysis p. 3] 36. Disposition of real property of infants or incompetents

(Rules 295-300)

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TITLE 1-COURTS; MISCELLANEOUS PROVISIONS

Rule 1. Applications for admission as attorneys.

2. Courts may make further rules.

3. Provisions applicable to proceedings in surrogates' courts.
4. Oral agreement between parties or counsel.

5. County judge; when time begins to run if disqualified.

6. Compelling officer to return, deliver or file paper.

7. Books to be kept by clerks of courts.

8. Notice to present claims.

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9. Term proceeding' refers to special proceedings.

TITLE 2-PAPERS AND THE FILING THEREOF
Rule 10. Legibility and size of papers.

11. Subscription and indorsement by attorney.

12. Waiver of objection to requirements.

13. Subscription and indorsement of writs and other process.
14. Lost or withheld papers.

15. Filing papers generally.

16. Special rules for indorsing and filing papers.

TITLE 3-SERVICE OF PAPERS

Rule 20. Mode of service of papers generally.

21. Manner of service of papers to begin a proceeding.

TITLE 4-SECURITY

Rule 25. Form and requisites of bond or undertaking.
26. Failure to file required bond or undertaking.
27. Attorneys not to be sureties or bail.

TITLE 5-PAYMENT INTO COURT

Rule 30. Administration of court funds; gross sum in lieu of income.
31. Consents to payment of money out of court.

32. Requirements as to orders for payment of money out of court.
33. Requirements as to drafts for the payment of money out of court.
34. Duties of depositories of moneys paid into court.

TITLE 6-ACTION BY OR AGAINST POOR PERSON
Rule 35. Petition for leave to sue as poor person.

36. Order to sue as poor person.

37. Leave to defend as poor person.

TITLE 7-GUARDIANS AD LITEM AND SPECIAL GUARDIANS
Rule 39. Time to apply for guardian ad litem for infant defendant.
40. Qualifications of guardians ad litem and special guardians.

41. Security of guardians ad litem and special guardians.

42. Duty of guardian ad litem.

43. Compensation of guardian ad litem or special guardian.

44. Duty of person designated to receive summons in behalf of an infant or incompetent; compensation.

TITLE 8-SUMMONS AND THE SERVICE THEREOF

Rule 45. Requisites of summons.

46. Notice with summons demanding money judgment.

47. Notice with summons in matrimonial actions.

48. Form of supplemental summons.

49. Papers to be filed in case of substituted service on resident defendant; when service complete.

Rule 50. Order for service of summons by publication; contents.

51. Time of publication or making service without the state; when service complete.

52. Papers to be filed on service by publication or without the state; notice to defendant.

53. Proof of service of summons.

TITLE 9-APPEARANCE

Rule 55. Authority for appearance of attorney in real property action.
56. Substitution of attorney.

TITLE 10-MOTIONS

Rule 60. Time of notice of motion.

61. Ex parte motions.

62. Motion based on defect or irregularity.

63. Motions; where made.

64. Answering affidavits on motion.

65. Papers on motion.

66. Default on motion.

67. Transfer of motion.

TITLE 11-ORDERS

Rule 70. Form and resettlement of order.
71. Filing papers on entry of order.

72. Opinion on granting order.

73. Entry of papers in county other than where motion made.
74. Enrolling and docketing order in certain cases.

TITLE 12-ARREST, INJUNCTION AND ATTACHMENT

Rule 80. Affidavit on application for order or warrant to be filed.
81. Proof of facts relating to amount of bail on arrest.
82. Order of arrest; how signed; contents.

83. Application to vacate order of arrest, reduce bail or increase secur-
ity.

84. Issuance and attestation of warrant of attachment.

TITLE 13-EXTENSION OF TIME

Rule 85. Affidavits to be served with order of extension.
86. Extension of time to answer in action on note, etc.
87. Additional extension of time to plead.

88. Affidavit on extension of time to answer or reply.

TITLE 14-PLEADINGS

Rule 90. Formal requirements of pleadings.
91. Pleadings; how subscribed.

92. Conditions precedent; how pleaded.

93. Pleadings by or against corporation.

94. Instrument for payment of money; how pleaded.

95. Pleading judgment or determination.

96. Pleading in libel and slander.

97. Pleading in action for slander of a woman.

98. Private statute; how pleaded.

99. By whom verification made.

100. Form of affidavit of verification.

101. Service of amended pleading.

102. Motion to correct pleading.

103. Striking out matter contained in a pleading.

104. Sham or frivolous answer or reply.

105. Motion addressed to pleading.

106. Motion for judgment; when the defect appears on face of complaint. 107. Motion for judgment; when the defect does not appear on face of

complaint.

108. Determination of the motion.

109. Plaintiff's motion on the answer.

110. Plaintiff's motion; when defect does not appear on face of answer.