INDEX TO RULES OF COURT OF APPEALS. Rule. 1 1 6 Appeal: waived if return be not filed within required time.. dismissed for failure to file return.. dismissed for failure to serve copies of case. in criminal cause; when put on calendar and heard as preferred cause from orders or interlocutory judgments; when heard. Appellant: to file return; effect of omission... to make a case; its form.. to serve copies of case and points on attorney of opposite party; Argument: time allowed for... 13 Attorneys: of parties in court below to be their attorneys in this court, until 3 copies of case and points to be served on.. 6, 7 Calendar: of appeals in criminal causes; when heard as preferred causes... 8, 10 call of; how many causes called on any day.. what causes entitled to preference upon; how preference obtained.. 14 19 102211 9 Case: to be made by appellant in calendar causes; its contents. when charge for printing not allowed as a disbursement. 455 copies of to be served by appellant on opposing attorney; effect of copies to be filed with the clerk; how disposed of.. Clerk: return to be filed with by appellant; effect of omission.. may be ordered to make further return, if first return defective. when to put criminal causes on the calendar. duty as to remittitur.. when to prepare new calendar; what causes placed thereupon.. Costs: awarded on dismissal of appeal for appellant's failure to file return. 1 when placed on the calendar and heard as preferred causes......... 9 Defaults: upon argument of motions.. 11 judgment of reversal upon, not allowed; judgment of affirmance in case of affirmance by, when remittitur sent to court below.. Guardians: ad litem; of parties below to act in this court until others ap- Motions: when to be heard or submitted.... when granted or denied for opposite party's default.. for reargument, to be submitted without oral argument. Order: dismissing appeal for failure of appellant to file return... to stay proceedings; by whom granted and when to take effect. Points: how printed, bound, and folioed... copies of to be filed with the clerk and served on opposing attorney. Reargument: motions for, to be submitted without oral argument; what to be Remittitur: what to contain; duty of clerk concerning.. when sent to the court below, in case of affirmance by default... of causes upon the calendar; reasons for which causes will be re- Respondent: 20 16 17 10 may cause return to be filed.. 1 may cause copies of case to be served by appellant; effect if they 6 to file with clerk, and serve on opposing attorney, copies of points. orders for; by whom granted and when to take effect.. 121 Submission: when causes upon the calendar will be received upon...... Time: for doing any act, may be enlarged by the court or by any judge.. 1428 Rules of the Court of Appeals for the Admission of Attorneys and Counselors at Law. (As amended May 17, 1911, to take effect July 1, 1911.) RULE I. General regulation as to admission. — No person shall be admitted to practice as an attorney or counselor in any court of record of the State except upon an order of the Appellate Division of the Supreme Court admitting him to the bar and licensing him to practice upon compliance with these rules. RULE II. Admission without examination. The following classes of persons may in the discretion of the Appellate Division be admitted and licensed without examination: 1. Any person admitted to practice and who has practiced five years as a member of the bar in the highest law court in any other State or Territory of the American Union or in the District of Columbia. 2. Any person admitted to practice and who has practiced five years in another country whose jurisprudence is based on the principles of the English common law. 3. Any American citizen domiciled in a foreign country whose jurisprudence is based on the principles of the English common law holding a diploma or degree which would entitle him to practice law in the courts of such foreign country if a citizen thereof. Any person admitted under this rule must possess the other qualifications required by these rules and must produce a letter of recommendation from one of the judges of the highest law court of such other State or country, or furnish other satisfactory evidence of character and qualifications. An attorney and counselor from another State or foreign jurisdiction may in the discretion of any court of record be admitted pro hac vice to participate in the trial or argument of any cause in which he may be employed. RULE III. Admission on examination. Three classes of persons may be admitted to the bar upon examination : 1. Persons who are not graduates of a college or university; 2. Persons who are graduates of a college or university; and 3. Persons who have been admitted as attorneys and have practiced three years in another State or country. In each class the applicant must prove by his own affidavit to the satisfaction of the State Board of Law Examiners that he is a citizen of the United States, twenty-one years of age, stating his age, and an actual and not a constructive resident of the State for not less than six months immediately preceding and that he has not been examined for admission to practice and been refused admission within four months, and that he has studied law in the manner and according to the conditions in these rules prescribed. Applicants in the first class (i. e., persons who are not graduates of a college or university) must have studied law for a period of four years. Such an applicant may pursue his course of law study wholly by serving a clerkship in the office of a practicing attorney: or partly by serving such clerkship and partly by attending a law school; but every such applicant must serve such clerkship for a period of at least one year continuously either before examination by the State Board of Law Examiners or after such examination and prior to admission to the bar. Applicants in the second class (i. e., persons who are graduates of a college or university) must have studied law for a period of three years. Such an applicant may pursue his course of law study wholly by serving a clerkship in the office of a practicing attorney; or wholly by attending a law school; or partly by serving such clerkship and partly by attending a law school. Applicants in the third class (i. e., persons who have been admitted as attorneys and have practiced three years in another State or country) must have studied law for a period of one year within this State and pursue such course of study either by serving a clerkship or by attendance upon a law school as the applicant may elect. Candidates for admission to the bar under this rule (i. e., upon examination) may be admitted and licensed upon producing and filing with the court the certificate of the State Board of Law Examiners that the applicant has satisfactorily passed the examination prescribed by these rules and has complied with their provisions, and upon producing and filing with the court, in the case of applicants in the first class (i. e.. persons who are not graduates of a college or university), evidence that he has served a regular clerkship of one year in this State with an attorney or attorneys in regular practice, either before or after having passed such examination. The applicant must also produce and file evidence that he is a person of good moral character which must be shown by the affidavits of two reputable persons of the town or city in which he resides, one of whom must be a practicing attorney of the Supreme Court. Such affidavits must state that the applicant is, to the knowledge of the affiant, a person of good moral character, and must set forth in detail the facts upon which such knowledge is based; but such affidavits shall not be conclusive and the court may make further examination and inquiry. If the applicant be a graduate of a college, or university, he must have pursued the prescribed course of law study after his graduation, and, if he be a person admitted to the bar of another State or country, he must have pursued his prescribed period of law study after having remained as a practicing attorney in such other State or country for the period of three years. RULE IV. Regulations concerning preliminary studies. All candidates for admission to the bar upon examination, except applicants in the third class mentioned in Rule III (i. e.. persons who have been admitted and have practiced three years in another State or country), must have pursued a preliminary course of study evidenced by graduation from a college or university, or by passing a Regents' examination or the equivalent, as hereinafter prescribed: Applicants who are not graduates of a college, or university. subject to the limitations and requirements hereinafter, in this subdivision, expressed, or members of the bar as above described. before entering upon the clerkship or attendance at a law school herein prescribed shall have passed an examination conducted under the authority and in accordance with the ordinances and rules of the University of the State of New York, in English, three years; mathematics, two years; Latin, two years; science, one year; history, two years; or in their substantial equivalents as defined by the rules of the University, and shall have filed a certificate of such fact, signed by the Commissioner of Education, with the clerk of the Court of Appeals, whose duty it shall be to return to the person named therein a certified copy of the same, showing the date of such filing. The Regents may accept as the equivalent of and substitute for the examination in this rule prescribed, either, first, a certificate, properly authenticated, of having successfully completed a full year's course of study in any college, or university; second, a certificate, properly authenticated, of having satisfactorily completed a four years' course of study in any institution registered by the Regents as maintaining a satisfactory academic standard; or, third, a Regents' diploma. All graduates of a college or university existing under the govern ment or laws of any foreign country other than those where English is the language of the people, and all applicants who apply for law students' certificates upon equivalents or substitutes, as above provided, all or any part of which are earned or issued in said foreign countries shall pass the Regents' examination in second year English. The Regents' certificate above prescribed shall be deemed to take effect as of the date of the completion of the Regents' examination, as the same shall appear upon said certificate. RULE V. The provisions Regulations concerning study at law schools. of these rules for study at a law school must be fulfilled by good and regular attendance and successfully completing the prescribed course of instruction at an incorporated law school, or a law school connected with an incorporated college or university, having a law department organized with competent instructors and professors, in which instruction as hereinafter provided is regularly given. Good and regular attendance upon and the successful completion of the prescribed course of instruction at a law school, the school year of which shall consist of not less than thirty-two school weeks, exclusive of vacations, in which not less than ten hours of attendance upon law lectures or recitations of such prescribed course, to be given or conducted by regular members of the faculty, are required in each week, shall be deemed a year's attendance under this rule. The same period of time shall not be duplicated for different purposes: except that a student attending a law school, as herein provided, and who, during the vacations of such school, not exceeding three months in any one year, shall pursue his studies in the office of a practicing attorney, shall be allowed to count the time so occupied during such vacation or vacations as part of the clerkship in a law office specified in these rules. RULE VI. Regulations concerning clerkship. The provisions of these rules for studying law by the service of a regular clerkship must be fulfilled by serving such clerkship in the office of a practicing attorney of the Supreme Court in this State, after the candidate has attained the age of eighteen years. It shall be the duty of attorneys, with whom a clerkship shall be commenced, to file a certificate of the same in the office of the clerk of the Court of Appeals, which certificate shall, in each case, state the date of the beginning of the period of clerkship, and such period shall be deemed to commence at the time of such filing and |