Rule 1. General calendars.

to calendars.

Rule 3. Preferred causes.

Rule 4. Special calendar; short cause calendar.
Rule 5. Adjournments.
Rule 6. Terms of court; number of; times of
holding; time of opening; what
causes tried at, respectively.

Rule 7. Motions and ex parte.
Rule 8. Fines imposed on delinquent jurors.
Rule 9. Accounts of trustees.

RULE I

General calendars.-There shall be a General Calendar for issues of fact triable by a court and jury, and also a General Calendar for equity causes, which calendars shall be made up from time to time as ordered by the Appellate Division of the Supreme Court, First Department. These calendars shall remain until new calendars are ordered. All notes of issue must be legibly typewritten and must contain all particulars required by section 977 of the Code of Civil Procedure. All motions or applications regarding the calendars shall be made to the justice holding Trial Term, Part II.

The calendar clerk shall have charge of the calendars herein provided for and shall prepare Day Calendars containing as many of the pending causes as the justices shall direct. Additions shall be made to such calendars on Monday of each week as required, and published in the Law Journal at least four days prior thereto. All orders relating to the calendars and all notes of issue of causes to be placed upon the calendars shall be filed with said calendar clerk.

RULE II

Reserved causes; motions in respect to calendars. Causes may be marked "reserved generally" by filing a stipulation with the calendar clerk to that effect. All motions in reference to causes so marked, or to those in which new trials have been ordered, shall be made as indicated in Rule I.

If it shall appear that the plaintiff has unreasonably neglected to proceed in any action, or that younger issues have been tried in their regular order, the defendant or one or more defendants in the action may move to dismiss the complaint as provided for in Rule 36 of the General Rules of Practice upon five days' notice of motion to that effect.

RULE III

Preferred causes.-A party claiming to be entitled to a preference under section 791 of the Code of Civil Procedure may apply therefor to the court at Trial Term, Part II, in the manner prescribed by section 793. If the application for a preference be granted the court shall direct the cause to be placed upon an appropriate Day

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 General Calendar or direct a dismissal or inquest or otherwise dispose of the cause as justice may require.

RULE IV

Special calendar; short cause calendar.Subd. 1. In an action wherein the plaintiff seeks to recover a debt or liquidated demand upon a bond or other obligation for the payment of a specific sum of money, or upon a bond or undertaking on appeal, 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.

Subd. 2. In an action wherein the plaintiff seeks to recover upon an account stated, or 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, 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 12 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 12 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 satisfaction 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.

RULE V

Adjournments. When a cause has appeared on the Day Calendar it must proceed to termination, unless it shall be made to appear by affidavit to the satisfaction of the court that an adjournment should be granted. In a cause upon the Day Calendar for trial, where it appears that counsel who is to try the same is to argue a cause upon the 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 who is actually angaged in the trial of a cause in a Federal or State court of record, except the Municipal Court, sitting in the County of Bronx, New York, 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 the court or upon the consent of all the parties to the cause. Not more than two causes shall be held ready on the Day Calendars for one counsel in addition to the cause in which he is engaged unless otherwise ordered by the court. In any such case the counsel who is to try the causes must be designated on the call of the Day Calendar.

RULE VI

Terms of court; number of; times of holding; time of opening; what causes tried at, respectively. There shall be three Trial Terms of the Supreme Court, Bronx County, to be known respectively as Trial Terms, Parts I, II and III, and one Equity Term, to be known as Special Term. Each of these terms shall commence on the first Monday of January, February, March,

April, May, June, October, November and December in each year (except that when the first Monday is a legal holiday the term shall commence on the day following). In addition, Trial Term, Part 1, and Special Term shall each hold a term during July, August and September in each year, and all terms shall continue to the Friday preceding the first Monday of the following term, or until the term shall be adjourned without day.

The terms shall open at 10 A. M. on each trial day during the term, and shall continue in session until 4:30 P. M. Applications for the trial of criminal causes and the disposition of such causes shall be made to the justice holding Trial Term, Part I. (Am. 1917.)

RULE VII

Motions and ex parte.-Motions may be noticed for any day during the term. The order to show cause or notice of motion, with proof of service thereof, must be filed with the clerk before noon on the day prior to which it is noticed to be heard, except when an order to show cause is granted returnable in less than three days, when application may be made to the justice presiding at Special Term to have same added to the calendar.

Whenever filed papers may be required in any causes pending at Special Term the attorneys must requisition them in advance.

Applications for all court orders, ex parte or by consent, or where notice has been waived or is not required, must be made to Special Term at the clerk's office. Any ex parte court order the one assigned to hold Special Term, shall not granted by any justice of the court other than be entered by the clerk.

RULE VIII

Fines imposed on delinquent jurors.-An order directing a delinquent juror to show cause why the payment of a fine should not be enforced must be granted by and made returnable before the justice by whom said fine is imposed, and made returnable at a Trial Term to which said justice is assigned upon such day and at such time as he shall designate.

Where a justice by whom a fine was imposed has ceased to be a member of the court, or has been designated as a member of the Appellate Division, or the Appellate Term, or is absent or unable for any reason to hear or determine the matter, the order directing the delinquent juror to show cause in such case must be granted by and made returnable before and heard and determined by the justice assigned to hold Trial Term, Part I, upon such day of the term and at such time as he shall designate.

RULE IX

Accounts of trustees. In all actions or proceedings brought in the Supreme Court involving an accounting of a testamentary trustee or a trustee under a deed, notice of such action or proceeding must be given the State Comptroller before a judgment or order is made passing the accounts of such trustees.

RULE X

Registration of Land Title

A. A petition for registration of title to real property made under the Real Property Law

(chapter 52 of the Laws of 1909) as amended must be made at the Special Term of the Supreme Court, in Bronx County, which is hereby designated for this purpose the "Title Part" of the said court under section 371 of the said act, and the Justice of the Supreme Court from time to time assigned to the Special Term is hereby designated as the justice to have general supervision and control of the business coming under the act in the County of Bronx, and all petitions to register title to real property under the act must be returnable at the said "Title Part" of the Special Term.

B. The survey, map or plan to be filed by the petitioner subject to the approval of the Court, if not filed with the petition, shall be filed with the examiner of title at least fourteen days before the return day designated in the notice of hearing.

C. After the time provided in the notice of hearing shall have expired, or within such further time as may have been allowed by the court, if there has been no appearance or answer, the petitioner may apply to the "Title Part" of the Special Term for a final order or judgment as provided for in the act. In all applications for final order or judgment the applicant must present to the court proof by affidavit that all the provisions of the act entitling the applicant to such final order or judgment have been complied with.

D. Where an answer is interposed which raises an issue of fact which in an action relating to the title to real property would be triable by a jury, either party to the proceeding who is entitled to have such issue determined may apply to the "Title Part" of the Special Term, within

twenty days after the issue has been joined, to have the issues framed to be tried by a jury as provided by section 970 of the Code of Civil Procedure. The trial of such issues shall be had and the subsequent proceeding in relation thereto shall be such as is prescribed by the Code of Civil Procedure. After such issues are disposed of either party to the proceeding may apply to the "Title Part" of the Special Term, upon eight days' notice to all who have appeared in the proceeding for final order or judgment, and on such application the court shall try all other issues in the proceeding not disposed of by the jury, or may refer any such issues undisposed of to be tried by a referee. Where all issues have been disposed of, either party may then, upon notice of eight days to all who have appeared in the proceeding, apply for final order or judgment at the "Title Part" of the Special Term.

E. All applications to the court after a certificate of registration has been issued under the provisions of the act must be made at the "Title Part" of the Special Term hereinbefore designated, upon notice of eight days to all persons interested in the application. All applications to the court under section 422 of the act shall be made at the "Title Part" of the Special Term, upon eight days' notice to all persons in interest, as provided in that section. All applications made under section 428 of the act shall also be made at the "Title Part" of the Special Term, upon eight days' notice to the City Chamberlain and all other parties who have appeared in the proceeding to recover for loss or damage or deprivation of real property out of the assurance fund provided for by the act. (Added June 20, 1918; am. Nov. 19, 1919.)

Rules 1 to 26, in effect September 1, 1915.
Rules 27 to 32, in effect October 23, 1915.
Rule 33, in effect March 1, 1916.
Rule 34, in effect January 19, 1916.

RULE I

Court shall open at 9 o'clock in the forenoon. At least one of the justices shall be in attendance until 4 o'clock in the afternoon. On Saturdays one justice shall be in attendance between the hours of 10 o'clock in the forenoon and 12 o'clock noon in each borough in a district to be designated by the board of justices for the transaction of such business as may be determined by a justice of this court. During the months of July and August, court shall be held on such days as the justice presiding in each district may designate.

RULE II

In a district where more than one part has been established the trial calendar shall be called, and precepts in summary proceedings, orders to show cause and notices of motion shall be returnable in part one. The call of the calendar shall precede the transaction of any other business. Motions shall be heard immediately after the call of the calendar.

RULE III

The clerk in each district shall prepare a daily trial calendar which shall be posted in the clerk's office two days in advance. Causes shall be placed on the trial calendar according to their dates of issue. Adjourned causes shall be placed on a subsequent trial calendar in the order in which they have been adjourned.

RULE IV

Causes shall appear on the trial calendar in the following order:

(a) Causes in which judgments on default in pleading must be rendered on application to the court.

(b) Actions for wages. (c) Other actions in which the amount claimed does not exceed fifty dollars.

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

(e) Hearings on objections taken under sections 88 and 89 of the Municipal Court Code. (f) Causes marked for a preference by the court on a preceding day.

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

(h) Causes, not hereinabove enumerated, appearing for the first time on the trial calendar. (i) Adjourned actions in causes not hereinabove enumerated.

RULE V

more than one part is held the justice calling the trial calendar shall assign causes for trial to a disengaged part in the order in which they appear on the calendar.

RULE VI

Where the plaintiff can recover judgment upon the defendant's default in pleading only upon the application to the court, the clerk, providing the plaintiff appears in person, shall place the cause upon the calendar on a day not less than three nor more than five days after the expiration of the time within which the defendant might have appeared, and shall notify the plaintiff by mail of the date. Where the plaintiff has appeared by attorney the clerk shall place such cause upon the trial calendar for a day to be fixed by the attorney in a notice to be filed with the clerk, such date, however, to be not less than three days from the filing of the notice unless otherwise directed by the court.

RULE VII

Where the defendant does not appear by attorney, he must at the time of answering give his address in writing to the clerk.

RULE VIII

If the summons, or the summons and complaint, is not filed in the office of the clerk as provided by subdivision 3 of section 22 or by section 23 of the Municipal Court Code, the defendant may within the time limited for joining issue, on complying with subdivision 3 of section 78 of the Municipal Court Code, file the copy of the summons, or of the summons and complaint served upon him, together with an affidavit of such service. Upon the request of the defendant the clerk must thereupon dismiss the action and in a proper case tax costs on such dismissal, or the defendant may have other appropriate relief.

RULE IX

There shall be in each district a calendar of causes reserved generally on which calendar the clerk, unless otherwise directed by the court, shall place any cause after the same shall have been three times on the trial calendar. Any cause may be placed on such calendar by consent, or upon stipulation of the parties. Čauses may be restored to the trial calendar on three days' notice, or on consent of the parties, for a day to be fixed by the court. Before an action shall be dismissed by the court pursuant to section 126 of the Municipal Court Code the clerk shall give such notice to the parties as the court may direct.

RULE X

as public records, all papers, documents or records which he is required by law or by the rules or resolutions of the Board of Justices to keep, which records shall be open for public inspection.

4

RULE XIX

The office of the clerk shall open at 8:45 o'clock in the forenoon of each day and shall reo'clock in the afternoon, excepting Saturdays, main open for the transaction of business until when the office shall close at noon, and the months of July and August, during which months the office shall close at 2 o'clock in the afternoon. The clerks and other employees shall report for duty promptly at the places to which they are assigned at 8:45 o'clock in the forenoon of each day and shall be in attendance until the close of the office or such later time as may be required to complete the business of the day, or as the court may from time to time direct.

RULE XX

(a) The duties of the deputy clerks, assistant clerks, and other employees shall be designated by the clerk in conformity with the statutes and the rules of this court and subject to the approval of the justices of the district to which they are assigned or a majority of them.

(b) The attendants shall while on duty wear such uniforms and badges as may be prescribed by the Board of Justices. The interpreter shall wear an official badge during the sessions of the court,

(c) The stenographer shall be in attendance during the sessions of the court and at such he is assigned may direct. other times and places as the justice to whom

(d) It shall be the duty of the 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 justices shall require.

(e) The clerk shall each month, at such time and in such manner as required by law and the rules of the finance department of the city of New York, pay all moneys received by him for the use of or on behalf of the city during the preceding month to the Comptroller of the city of New York. A summary of such receipts and a detailed statement of the business of the court for the preceding month shall be filed with the secretary of the Board of Justices not later than the fifth day of the following month.

(f) The clerk in each district shall keep account of the moneys received by him and from bank as the Comptroller of the city of New York day to day shall deposit such moneys in such may designate.