scribed by section 793. If the application for a preference be granted, the court shall direct the cause to be placed upon an appropriate Day Calendar for a day certain for trial, and called after the causes then upon such Day Calendar marked ready. If the party who has moved for the preference shall not be ready to proceed with the trial when the cause is called for trial, the court, in its discretion, may allow an adjournment, or send the cause to the foot of the Ready Calendar, or direct a dismissal or inquest, or otherwise dispose of the cause as justice may require.

charge of Calendars Nos. 1 and 2, respectively, The justices holding Parts III and XIV in may, on application of any party to a cause brought by or against a receiver of a corporation and on five days' notice to the other party, direct that such cause be granted a preference over older issues and placed on the Ready Calendar or on a Day Calendar for trial, as it may direct, although no notice of application for a preference may have been served with the notice of trial as provided in section 793 of the Code of Civil Procudure. (Am. July 8, 1916.)

RULE IV

Trial terms; number of; time of holding; time of opening; what causes tried at, respectively. There shall be twenty Trial Terms of the Supreme Court, to be known respectively as Trial Terms, Part I to XX, inclusive. Each of said terms shall commence on the first Monday of January, February, March, April, May, June, October, November and December in each year, and shall continue to and until the Friday preceding the first Monday of the following term, or until the term shall be adjourned without day.

The Trial Terms shall open at 10 A. M. on each trial day during the term and shall continue in session until 4:30 P. M. Part I shall be the Criminal Term of the Supreme Court, and shall be held in the Criminal Court Building or in the County Court House in the County of New York. Part II shall be the Trial Term for the disposition of the Special Calendar under Rule 6. In Parts III to XIII, inclusive, shall be tried causes from General Calendar No. 1. In Parts XIV to XVIII, inclusive, shall be tried causes from General Calendar No. 2. In Parts XIX and XX shall be tried such causes from General Calendars Nos. 1 and 2 as shall from time to time be ordered by the Appellate Division, or as may be sent from other Parts. (Am. 1913, 1914; July 8, 1916.)

RULE V

Special issues. All questions of fact ordered or directed to be tried by a jury, all issues and questions of fact in special proceedings, and all issues and questions of fact which have been stated for trial in pursuance of sections 970 and 971 of the Code of Civil Procedure, and all controverted questions of fact of which any party has a constitutional right of trial by jury, and in any proceedings for the probate of a will in which any controverted questions of fact arise which a Surrogate of the County of New York shall direct to be tried at a Trial Term of the Supreme Court to be held within the County of New York under section 2538

of the Code of Civil Procedure, shall be placed upon Calendar No. 2 in the order of filing with the calendar clerk of the order, directing the cause to be so placed or of the order or direction for the trial by jury or of the order stating the issues or questions of fact to be tried by jury. (Am. October 16, 1916.)

RULE VI

Special calendar; short cause calendar.seeks to recover a debt or liquidated demand Subd. 1. In an action wherein the plaintiff bond or undertaking on appeal, or upon a upon a bond or other obligation for the payment of a specific sum of money, or upon a negotiable instrument, or for goods sold and delivered, either party may, after the cause has been placed upon the General Calendar, upon two days' notice to the opposing party, apply to the justice holding Part II for an order placing said cause upon the Special Calendar for trial, and the cause thereupon shall be tried and disposed of at Part II.

seeks to recover upon an account stated, or Subd. 2. În an action wherein the plaintiff for wages, salary or compensation for services, or upon a policy of insurance, or for rent or hire of real or personal property, or for money had and received, or for money loaned, or on a statute where the sum sought to be recovered is a sum of money other than a penalty, or on a guaranty, the plaintiff may, at the first term at which the cause shall have been placed upon the General Calendar, upon five days' notice to the defendant, and upon competent proof by affidavit of the facts upon which the cause of action is based, apply to the justice holding Part II for an order placing said cause upon the Special Calendar for trial. Copies of the affidavits and exhibits, if any, upon which the application is based, must be served with the notice of the application. If upon the affidavits so submitted and the affidavits of the opposing party the court shall be satisfied that there is no substantial defense to the action, or that the answer was not interposed in good faith, or was interposed for the purpose of delay, the court may place the cause upon the Special Calendar in Part II. The court may, in its discretion, grant or deny the application, with or without costs, or upon terms, such as admitting facts not actually controverted, consenting to the examination before trial of a party or witnesses, producing books, papers or documents or giving security to secure the plaintiff in the event of final judgment being in his favor. The papers upon which such application shall be made and the answering affidavits, if any, must be filed with the Calendar Clerk before twelve o'clock noon of the day for which the application is noticed, and no oral argument will be heard upon such application, unless so ordered by the justice holding Part II.

Subd. 3. In an action on contract, express or implied, other than a contract to marry, either party may apply in Part II on two days' notice to the adverse party for an order placing the cause upon the Special Calendar. Upon such application, if it appears by affidavit and the pleadings to the satisfaction of the justice holding Part II that the trial of the action will not occupy more than two hours, and that no good reason exists why the action should not

be promptly tried, he may direct the cause to be placed upon the Special Calendar in Part II, and the cause shall thereupon be disposed of in its regular order on such calendar. The papers upon which the application is made and the answering affidavits, if any, must be filed with the calendar clerk before twelve o'clock noon of the day for which the application is noticed, and no oral argument will be heard upon such applications unless ordered by the justice holding Part II.

Subd. 4. All causes and all questions and issues of fact ordered on the Special Calendar shall be placed thereon in the order of filing with the calendar clerk of the order directing the cause to be so placed, and shall be called and tried in that order, unless postponed for good cause shown by affidavit to the satis faction of the justice holding Part II. If the trial of any cause which is placed upon the Special Calendar upon the ground that it will not occupy more than two hours shall nevertheless actually occupy more than that time, the court may, in its discretion, stop the trial and send the cause to the foot of the appropriate General Calendar. If at any time there shall be more causes upon the Special Calendar than can be promptly tried and disposed of in Part II the justice holding said part may send said causes, or any of them, to Part XIV, where they shall be placed upon the Day Calendar and tried and disposed of in like manner as the other causes on the Day Calendar in that part. (Former Rule V, renumbered and am. October 16, 1916.)

RULE VII

Day Calendars-Friday Calendars. The calendar clerk shall make up a separate Day Calendar for each day of the term of the causes from Calendars Nos. 1 and 2 set down for trial for that day and as many ready causes as the justices holding Trial Term, Parts III and XIV, may direct.

The Day Dalendar of causes from General Calendar No. 1 shall be called in Trial Term, Part III Room, at 10 A. M., and causes thereon assigned to Parts III, IV, V, VI, VII, VIII, IX, X, XI, XII and XIII for trial unless otherwise ordered by the justices of the Appellate

Division.

The Day Calendar of causes from General Calendar No. 2 shall be called a Trial Term, Part XIV Room, at 10 A. M., and causes thereon assigned to Parts XIV, XV, XVI, XVII and XVIII for trial unless otherwise ordered by the justices of the Appellate Division.

No application to postpone the trial of a cause shall in any case be entertained after such cause has been sent to a part for trial, except by order of the justice holding the part from which it was sent for good cause shown to him by affidavit, but such cause shall remain in the part to which it has been sent for trial until finally disposed of.

When a cause has been tried and the jury disagreed, or a juror has been withdrawn, or the verdict set aside, or for any reason there has been a mistrial, the cause may be restored to a Friday Calendar or to the Day Calendar by the justice holding the part from which it was sent for trial.

In case a Trial Term shall not have business

enough to occupy it during court hours, causes from either Parts III or XIV only shall be sent to it for trial. All orders relating to the calendars and all notes of issue of causes to be placed upon the calendars shall be filed with the calendar clerk.

The calendar clerk shall make up two calendars of causes from the General Calendars for trial at Trial Term for Friday of each week, unless another day is especially fixed by the justices holding Parts III and XIV. These calendars shall be published at least two days before the Friday or other day which may be fixed by the court.

Causes on these calendars will be deemed "ready" for assignment to the Day Calendars and assigned for trial in their order unless adjourned as hereinafter provided.

Attorneys may before Friday, 11 A. M., file with the calendar clerk stipulations reserving the cause generally or postponing it to some future Friday Calendar, provided the cause has not appeared more than twice upon the Friday Calendar.

In causes where stipulations are not filed as above set forth attorneys seeking postponements must serve affidavits showing cause pursuant to this rule upon the opposing attorneys on the date of last publication before 10 A. M., and file a copy thereof, with proof of service, with the calendar clerk before 11 A. M. Answering affidavits or memoranda may be filed with the calendar clerk before 1 P. M.

When a cause appears for the third time on either of these calendars it must when reachep be marked ready to go to the foot of the General Calendar, unless it should be made to appear by affidavit to the satisfaction of the court that the cause should be further adjourned, in which case it shall be adjourned to such time as the court shall fix, and when the cause is again called the same must be assigned for trial or go to the foot of the General Calendar.

When a cause has thus been marked ready on either of the calendars and appears upon the Day Calendar, it must be tried or go to the foot of the General Calendar unless it appears by affidavit to the satisfaction of the justice calling the Day Calendar that in consequence of the happening of an event since the cause was marked ready for trial the trial cannot, with justice to one of the parties, proceed. The court may then direct the cause to be set down for trial on another day in the same or following week of the term or place the cause on a Friday Calendar. If it shall appear by affidavit to the satisfaction of the court that counsel who is to try any cause upon a Day Calendar expects to argue a cause upon a Day Calendar of the Supreme Court of the United States, or the Court of Appeals of the State of New York, or the United States Circuit Court of Appeals, or any Appellate Division of the Supreme Court, or is actually engaged in the trial of a cause in a federal or state court of record, except the Municipal Court, sitting in the County of New York, Bronx, Kings, Queens, Nassau or Richmond, the cause shall be adjourned until such argument or trial is concluded, unless the trial in which the counsel is engaged is likely to be protracted. But a cause on the Day Calendar shall not be adjourned on account of the engagement of counsel for more than three days except by

RULE I

Special Term for hearing litigated motions.There shall be a Special Term of the Supreme Court for the hearing of litigated motions to commence on the first Monday of each month and to continue until the Friday preceding the first Monday of the succeeding month, which term shall be held every day, except Saturdays, Sundays and legal holidays. The Court shall open at half-past ten in the morning and shall continue until all business before the Court has been disposed of. This Special Term shall be known as Special Term, Part I.

RULE II

Motion calendar; notes of issue; appearance of counsel; application for final judgment; motion for judgment on pleadings.-Motions may be noticed for any day during the term. The clerk of Special Term, Part I, shall make up a calendar for each day. The order to show cause or notice of motion, with proof of service thereof, must be filed with the clerk before the date on which the motion is noticed to be heard, except where an order to show cause is granted returnable in less than two days, when the clerk at any time before the day for hearing may place the motion on the calendar, or the justice assigned to said part of the court may place the motion on the calendar on the day upon which the order to show cause is returnable. This calendar will be called at the opening of the court and no motion will be heard that is not upon the calendar. On the hearing of a motion upon such calendar but one counsel on each side will be heard, and not more than fifteen minutes will be allowed to each counsel unless the court shall otherwise order. Application for final judgment where an interlocutory judgment has been entered and an account has been taken, or other pro

ceeding had before a referee, or for a final judgment in an action for divorce under section 1774 of the Code of Civil Procedure, motions for a new trial on the ground of surprise or newly discovered evidence, motions to confirm a referee's report and for final judgissue of fact has been tried by a jury or by a ment in an action or proceeding in which an referee, where application to the court for final judgment or final order is necessary, applications for the appointment of commissioners or for a final order or judgment in a proceeding to condemn real estate for public use, motions for judgment upon the pleadings under section 547 of the Code of Civil Procedure, trial of an issue of law, brought on and tried by the court as a contested motion under section 976 of the Code of Civil Procedure, may be noticed for and made at Part I of the Special Term for the hearing of litigated motions upon any day of the July, August and September terms, or at any other time when Part III of the Special Term is not in session. The justice assigned to Part I of the Special Term, if he does not deem it important that such application should be heard during the time when Part III is not in session, may adjourn the same to the next term of Special Term, Part III. (Am. 1914, in effect Feb. 1, 1914.)

RULE III

Proof required in assignment cases or dissolution proceedings. In all actions or proceedings in which the account, of an assignee for the benefit of creditors or of a receiver appointed in an action or in a proceeding for the dissolution of a corporation, are presented for settlement or to be passed upon by the Court, a notice or a copy of an advertisement, requiring the creditors to present their claims to a referee, must be mailed to each creditor whose