RULES OF COURT OF APPEALS

NOTICE

The first Monday of each session only will be a motion day, an which oral arg. ments will be heard in original motions. Original motions may be submitted, wi hoi oral argument, on any Monday when the court is in session, provided they are submitted by both sides.

After the day calendar is made up at 6 o'clock P. M.-stipulations are too late. The clerk has then no power to leave a number off.

The full number of cases and points (18) are required, without which appeals may not be heard.

The "Order Calendar" is composed of preferred causes, and the notice of argument must claim the preference as an appeal "entitled to be heard under Rule 11." Appeal from orders should be noticed for the first Monday of a session.

When a new calendar is ordered, it is desirable to notice causes in which the returns are filed, at once.

Counsel residing in New York city and its vicinity who intend to argue causes o the general calendar, should send their residence addresses to the clerk, and should promptly notify him of changes in their office addresses.

The daily sessions of the court are held from 2 o'clock P. M. to 6 o'clock P. M. except Fridays only, when it will sit from 10 A. M. to 2 P. M.

Every exhibit presented to the court should be plainly marked with the address of the counsel presenting the same, as well as the title of the cause.

The clerk always submits for counsel who are absent when their cases are called for argument, provided their papers have been filed, as directed by Rule 7.

Requests for copies of opinions should be addressed to the State Reporter, Albany, N. Y.

The eighteen printed copies of the case required by Rule 7 to be filed with the clerk must be bound in light-colored (not dark) paper, and may be sent to the clerki for filing at any time.

Each day's calendar and all court notices to the Bar are printed in the New York Law Journal, which is the legal publication through which the clerk endeavors to reach the legal profession.

Attention of attorneys is called to Rule 7, which will be strictly enforced.

RULES OF PRACTICE

(As amended to September, 1921.)

Rule 1. Appellant to file return-Effect of omission. If the appellant shall not cause the proper return to be made and filed with the clerk of this Court within the time prescribed by law (Code Civ. Pro. § 1315), the respondent may, by notice in writing, require such return to be filed within ten days after the service of the notice and, if the return be not filed in pursuance of such notice, the appellant shall be deemed to have waived the appeal. On an affidavit proving that the appeal was perfected, and the service of such notice, and a certificate of the clerk that no return has been filed, the respondent may enter an order with the clerk dismissing the appeal for want of prosecution, with costs, and the court below may thereupon proceed as thougi there had been no appeal.

Rule 2. Further return may be ordered. If the return made by the clerk of the Court below shall be defective, either party may, on an affidavit, specifying the defect, and on notice to the opposite party, apply to one of the Judges of this Court for an order, that the Clerk make further return without delay.

Rule 3. Attorneys and guardians below to continue to act. The attorneys and guardians ad litem of the respective parties in the Court below shall be deemed the attorneys and guardians of the same parties respectively, in this Court, until others shall be retained or appointed, and notice thereof shall be served on the adverse party.

Rule 4. Appellant to make a case-Its form. In all calendar causes a case shall be made by the appellant, which shall consist of a copy of the return, and the reasons of the Court below for its judgment, or an affidavit that the same cannot be procured, together with an index to the pleadings, exhibits, depositions and other principal matters. Every opinion in the cause at Special Term, as well as at the Appellate Division of the Supreme Court, relating to the questions involved in the appeal, is included by the foregoing provision.

Rule 5. Cases and points to be printed-Mode of printing. All cases and points, and all other papers furnished to the court in calendar causes, shall be printed on white paper, as provided in section 796 of the Code of Civil Procedure, and, if bound, the covers shall be of light-colored paper, which can be legibly written upon. The folio, numbering from the commencement to the end of the case, shall be printed on the outer margin of the page. Small pica, leaded, or ten point leaded with four to pica leads, is the smallest letter and most compact mode of composition which is allowed. No charge for printing the papers mentioned in this rule shall be allowed as a disbursement in a cause; unless the requirements of the preceding sentence shall be shown, by affidavit, to have been complied with in all papers printed.

Rule 6. Appellant to serve copies of case-Effect of his default. Within forty days after the appeal is perfected, the appellant shall serve three printed copies of the case on the attorney of the adverse party. If he fail to do so the respondent may, by notice in writing, require the service of such copies within ten days after service of the notice, and, if the copies be not served in pursuance of such notice, the appellant shall be deemed to have waived the appeal; and on an affidavit proving the default and the service of such notice, the respondent may enter an order with the Clerk dismissing the appeal for want of prosecution, with costs, and the Court below may thereupon proceed as though there had been no appeal.

Rule 7. Copies of cases and points. At least twenty days before a cause is placed on the day calendar, the appellant shall file with the clerk eighteen printed copies. of the case and shall at the same time file with the clerk eighteen printed copies, and serve on the attorney or counsel for the respondent three printed copies, of the points to be relied on by him, with a reference to the authorities to be cited. Within ten days after such service, the respondent shall file with the clerk eighteen printed copies, and serve on the attorney or counsel for the appellant three printed copies, of the points to be relied on by him, with a reference to the authorities to be cited. If the appellant desires to present points or authorities in reply, he shall file with the clerk eighteen printed copies thereof and serve three printed copies on the attorney or counsel for the respondent, within five days after receipt of the respondent's points; and no supplemental points will be allowed from either side unless especially requested by the court.

No points will be received by the court on argument or submission, unless they shall have been filed and served as above provided; except that in appeals under Rule XI, noticed for the first Monday of a session, and in causes upon a new general calendar to be heard during the first two weeks of any session at which such new calendar is taken up, the parties shall file the printed cases and file and serve, or exchange, the printed points, at least two days before the commencement of the session.

The cases and points filed with the clerk shall be disposed of as follows: One copy shall be furnished to each of the Judges; one copy shall be kept by the clerk, with the records of the court; one copy shall be deposited in the State Library; one copy shall be deposited in each branch of the library of the Court of Appeals; one copy shall be deposited in the library of the New York Law Institute; one copy shall be deposited in the Law Library of Brooklyn; one copy shall be deposited in the Law Library of the Eighth Judicial District; one copy shall be deposited in the Supreme Court Law Library at White Plains and one copy shall be delivered to the Reporter.

Rule 8. Statement and discussion of facts. In all causes each party shall briefly state upon his printed points, in a separate form, the leading facts which he deems established, with a reference to the folios where the evidence of such facts may be found. And the Court will not hear an extended discussion upon any mere question of fact.

Every cause shall be deemed to be submitted to such Judges as may be absent at the

time of the argument, unless objection to such submission by counsel arguing the cause be then made.

Rule 9. Criminal causes. Appeals in criminal causes brought after making up the calendar, or too late to be placed on said calendar, may be put upon the calendar at any time, and brought on for a hearing as preferred causes, upon a notice of ten days; and it shall be the duty of the Clerk to place such causes, on the calendar for the day for which they shall be noticed or upon which the cause shall be ordered by the Court or stipulated by the parties, to be heard.

Rule 10. Submission and reservation of causes. Causes will not be received upon submission, until reached in the regular call of the calendar. No reservation will be made of any of the first eight causes, unless on account of sickness, or of an engagement elsewhere in the actual trial, or argument, of another cause, commenced before the term of this court, or of other inevitable neccessity, to be shown by affidavit. Other causes may be reserved upon reasonable cause shown, or by stipulation of parties filed with the clerk; but no cause shall be so reserved by stipulation after the same has been placed upon the day calendar.

Causes reserved for a day certain by stipulation, when in order to be called, have priority among each other according to the time of filing the stipulations with the clerk, and shall follow next in order the undisposed of causes of the calendar for the day previous. Default may be taken in them.

No reserved cause, whether reserved generally or for a particular day, will be called before its number is reached on the regular call of the calendar.

Rule 11. Motions and appeals from orders. Motions, appeals from final orders in special proceedings, from interlocutory judgments and from orders in actions and special proceedings, certified to this court by the Appellate Division of the Supreme Court, except orders granting a new trial, may be noticed for, and will be heard on. the first Monday of each session of the court, before taking up the general calendar. Notices of argument of appeals within this rule must contain the claim that the appeal is one entitled to be heard under Rule 11 of the Court of Appeals.

Motions will be heard orally on the first Monday of a session only; but they may be submitted without oral argument on any Monday when the Court is in session; provided they are submitted by both sides and the papers are filed with the clerk on or before the preceding Friday. If either party demands an oral argument of a motion noticed for any other than the first Monday of a session, the motion will go over to the first Monday of the succeeding session.

Where notice has been given of a motion, if no one shall appear to oppose, it will be granted as of course.

If a motion be not made on the day for which it has been noticed, the opposing party will be entitled, on applying to the court at the close of the motions for that day, to a rule denying the motion, with costs.

Rule 12. Call of calendar. Eight causes only will be called on any day; but, after such call, causes ready on both sides will be heard in their order. Any cause which is regularly called and passed, without postponement by the court for good cause shown at the time of the call, shall be stricken from the calendar.

Causes upon the calendar may be exchanged one for another, as of course, on filing with the clerk a note of the proposed exchange, with the numbers of the causes, signed by the respective attorneys or counsel. Upon all subsequent calendars, each of said causes will take the place due to the date of the filing of the return in the other.

In like manner, a cause not upon the calendar, in which an appeal to this court has been perfected and the return duly filed with the clerk, may be exchanged, as of course, for another cause upon the calendar, on filing with the clerk a note of the proposed exchange, with the number of the cause on the calendar, and the date of filing return in the cause not upon the calendar, signed by the respective attorneys or counsel and, also, a stipulation of the attorneys or counsel in the cause not on the calendar setting down the same for argument in place of the calendar cause when reached, with the same effect as if duly noticed.

Upon all subseqent calendars, each of said causes will take the place due to the date of filing the return in the other.

Rule 13. Time of Argument. In the argument of a cause not more than two hours

shall be occupied by counsel on either side, except by the express permission of the

court.

In the argument of an appeal within Rule 11 not more than thirty minutes shall be occupied by the appellant's counsel, nor more than twenty-five minutes by the respondent's counsel; unless express permission be given by the court and the cause placed at the foot of the order calendar.

Rule 14. Preferred causes. No causes are entitled to any preference upon the calendar except such as is given by law or the special order of the Court.

Any party claiming a preference must so state in his notice of argument to the opposite party and to the Clerk; and he must also state the ground of such preference, so as to show to which of the preferred classes the cause belongs.

A preferred cause being once passed loses its preference.

Rule 15. Defaults. Judgments of reversal by default will not be allowed. When a cause is called in its order on the calendar, if the appellant fails to appear and furnish the Court with the papers required, and argue or submit his cause, judgment of affirmance by default will be ordered on motion of the respondent. If the appellant only appears, he may either argue or submit the cause.

When any cause shall be regularly called for argument, and no other disposition shall be made thereof, the appeal shall be dismissed, without costs, and an order shall be entered accordingly, which shall be absolute unless upon application made and good cause shown, upon notice to the opposite party within ten days, if the Court is in session, and if not, on the first motion day of the next session, the Court shall revoke said order and restore said appeal.

Rule 16. Remittitur. The remittitur shall contain a copy of the judgment of this court and the return made by the Clerk below, and shall be sealed with the seal and signed by the Clerk of this Court.

Rule 17. Affirmance by default. When a judgment or order shall be affirmed by the default of the appellant, the remittitur shall not be sent to the court below, unless this court shall otherwise direct, until ten days after notice of the affirmance shall have been served by the attorney for the respondent on the attorney for the appellant and proof thereof filed with the clerk. Service of the notice shall be proved to the clerk by affidavit, or by the written admission of the attorney on whom it was served.

Rule 18. Enlarging time-Revoking orders. The time prescribed by these rules for doing any act may be enlarged by the Court or by any of the Judges thereof; and any of the Judges may make orders to stay proceedings, which, when served with papers and notice of motion, shali stay the proceedings, according to the terms of the order. Any order may be revoked or modified by the Judge who made it; or, in case of his absence or inability to act, by any of the other Judges.

Rule 19. Calendars. When a new Calendar is ordered by the Court, the Clerk shall place thereon all causes in which notices of argument, with proof or admission of service, have been filed in his office, and, also, if ordered by the Court, all other causes in which the returns have been filed in his office; and the causes so put on the calendar by the direction of the Court will be heard in their order as if regularly noticed.

Rule 20. Motions for reargument. Motions for reargument must be submitted on printed briefs (eighteen copies) without oral argument, on five days' notice to the adverse party, stating briefly the ground upon which a reargument is asked, and the points supposed to have been overlooked or misapprehended by the court, with proper reference to the particular portion of the case and to the authorities relied upon. A copy of the brief shall be served on the adverse party with the notice of motion.

Rule 21. Motions for leave to appeal. Motions for leave to appeal must be submitted, without oral argument, on printed briefs (eighteen copies) and one copy of the record in the court below, and on five days' notice to the adverse party, stating concisely the grounds upon which such leave is asked. The brief of the applicant must point out the particular portions of the record where the questions sought to be reviewed are raised. A copy of such brief shall be served on the adverse party with the notice of motion.

Rule 22. Civil causes. On the filing of the return and the service of the printed cases, the appeal in any civil cause may be added to an existing calendar by either

party upon filing with the clerk a notice of argument for any day in the term with admission or proof of service, and the clerk shall thereupon place the cause upon the general calendar at the foot thereof.

Any party claiming a preference must comply with Rule 14, but causes thus added to a calendar shall not be preferred over causes placed upon the calendar when the same was first made up, except in the discretion of the court, upon special cause shown. (Added November 26, 1919.)

RULES OF THE COURT OF APPEALS FOR THE ADMISSION OF ATTORNEYS AND COUNSELORS-AT-LAW

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 practised 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 practise 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 qcalifications.

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 practised 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 praeticing 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 of after such examination and prior to admission to the bar. Military or naval service time, when not otherwise allowed, may be counted as part of the required continuous year of law clerkship, irrespective of the time of its service. But the provision of this rule requiring every such applicant to serve a clerkship for a period of at least one year continuously shall not apply to an applicant who has successfully completed two years in a college or university and shall thereafter have attended a law school for a period of four years.

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