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IN THE COURT OF Appeals, October 28, 1892. Ordered, that the folk wing amended rules regulating the practice and proceedings in the court of appeals, and the admission of attorneys and counselors at law in all the courts of record of the state, be, and the same are hereby, adopted in pursuance of the provisions of the Code of Civil Procedure, all the judges concurring; such rules to take effect January 1, 1993.



of a copy of the return, and the reasons of

the court below for its judgment, or an APPELLANT TO FILE RETURN EFFECT OF affidavit that the same cannot be proOMISSION.

cured, together with an index to the plead. If the appellant shall not cause the ings, exhibits, depositions, and other prin. proper return to be made and filed with cipal matters. Every opinion in the cause the clerk of this court within the time pre- at special term, as well as at general term, scribed by law, the respondent may, by relating to the questions involved in the notice in writing, require such return to appeal, is included by the foregoing provi. be filed within ten days after the service of sions. the notice, and, if the return be not filed in

RULE V. pursuance of such notice, the appellant shall be deemed to have waived the ap

CASES AND POINTS TO BE PRINTED-MODE OF peal; and on an affidavit proving that the

PRINTING. appeal was perfected, and the service of such notice, and a certificate of the clerk All cases and points, and all other pa. that no return has been filed, the respond-pers furnished to the court in calendar ent may enter an order with the clerk dis- causes, shall be printed on white paper, as missing the appeal for want of prosecu

provided io section 796 of the Code of Civil tion, with costs; and the court below may

Procedure. The folio, nunibering from thereupon proceed as though there bad

the commencement to the end of the case, been no appeal.

shall be printed on the outer margin of the

page. Small pica, solid, is the smallest RULE II.

letter and most cuinpact mode of composi

tion which is allowed. No charge for FURTHER RETURN MAY BE ORDERED.

printing the papers mentioned in this rule If the return made by the clerk of the aball be allowed as a disbursement in a court below shell he defective, either par- cause unless the requirements of the prety may, on an affidavit specifying the deceding sentence shall be shown, by affidafect, and on notice to the opposite party, vit, to have been complied with in all paapply to one of the judges of this court for pers printed. an order that the clerk make a further return without delay.




perfected, the appellant shall serve three The attorneys and guardians ad litem of printed copies of the case on the attorney the respective parties in the court below

of the adverse party. If he fail to do so, shall be deemed the atturneys and guard

the respondent may, by notice in writing, ians of the same parties, l'espectively, in this require the service of such copies within court, until others shall be retained or ap

ten days after service of the notice, and, if pointed, and notice thereof shall be served

the copies be not served in pursuance of on the adverse party.

such notice, the appellant shall be deemed to have waived the appeal; and, on an

affidavit proving the default and the serv. RULE IV.

ice of such notice, the respondent may en.

ter an order with the clerk dismissing the APPELLANT TO MAKE A CARE-ITS FORM.

appeal for want of prosecution, with costs, In all calendar causes a case shall be and the court below may thereupon pro. made by the appellant, which shall consist ceed as though there had been no appeul. 33N.E.



priority among each other according to

the time of filing the stipulations with the COPIES OF CASES AND POINTS.

clerk, and shall follow next in order the At the commencement of the argument undisposed of causes of the calendar for the appellant shall furnish a printed copy the day previous. Default may be taken of the case to each of the judges, and shall in them, and they will, if passed, go down deliver nine other copies to the clerk. upon future calendars, as if passed in the Each party shall, at the same time, furnish regular call. to each of the judges a printed copy of the No reserved cause, whether reserved genpoints on which be intends to rely, with erally or for a particularday, will be called a reference to the authorities which he in- before its number is reached on the regutends to cite, and shall deliver pine other lar call of the calendar. cupies to the clerk, and three copies to the couusel of the adverse party.

RULE XI. The cases and points delivered to the clerk sball be disposed of as follows: One

MOTIONS. copy thereof shall be kept by thu clerk, Motions and “appeals from orders entiwith the records of the court; one copy tled to be heard as motions" will be heard thereof shall be deposited in the state on the morning of the first and third Mon. library; one copy shall be deposited in days of each session of the court, before each branch of the library of the court of taking up the calendar. appeals; one copy shall be deposited in Where notice has been given of a mo. the library of the New York Law Institute; tion, if no one shall appear to oppose it one copy shall be deposited in the law will be granted as of course. library of Brooklyn; one copy shall be If a motion be not made on the day for deposited in the law library of the eighth wbich it has been noticed, the opposing jodicial district, and one cupy shall be de- party will be entitled, on applying to the livered to the reporter.

court at the close of the motion for that

day, to a rule denying the motion, with RULE VIII.


In all causes each party shall briefly

CALL OF CALENDAR. state upon his printed points, in a sepa- Eight causes only will be called on any rate form, the leading facts which he day, but, after such call, causes ready on deems established, with a reference to the both sides will be heard in their order. folios where tbe evidence o! such facts Any cause which is regularly called, and may be found; and the court will not bear passed, without postponement by the an extended discussion upon any were court for good cause shown at the time of question of fact.

the call, will be placed on all subsequent

calendars as if the return had been tiled RULE IX.

on the day when it was so passed.

Causes upon the calendar may be exCRIMINAL CAUBE8.

changed one for another, of course, on filAppeals in criminal causes, brought aft- ing with the clerk in court a nute of the er making up the calendar, or too late to proposed exchange, with the numbers of be placed on sajul calendar, may be put the causes, signed by the respective attor. upon the calendar at any time, and neys or counsel. Upon all the subsequent brought on for a hearing as preferred calendars each of said causes will take causes, upon a notice of ten days; and it the place due to the date of the tiling of shall be the duty of the clerk to place such the return in the other. causes on the calendar for the day for wbich they shall be noticed, or upon which

RULE XIII. the cause shall be ordered by the court, or stipulated by the parties, to be heard.


In the argument of a cause not more RULE X.

than two hour's shall be occupied by coun

sel on either side, excepi by the express SUBMISSION AND RESERVATION OF CAUSES.

permission of the court. Causes will not be received upon sub- In the argument of an appeal from an mission until reached in the regular call of order not more than twenty minutes the calendar. No reservation will be shall be occupied by the appellant's counmade of any of the first eight causes, un- sel, nor more than fifteen minutes by the Jess on account of sickness, or an engage

respondent's counsel, without express ment elsewhere in the actual trial or argu- permission of the court. ment of another cause commenced before the term of this court, or other inevitable

RULE XIV. necessity, to be shown by a ffidavit. Oth. er causes may be reserved upon reasona

PREFERRED CAUSES. ble cause shown, or by stipulation of par. No causes are entitled to any preference ties filed with the clerk; but no cause shall upon the calendar except such as is given be so reserved by stipulation after the by law or the special order of the court. same has been placed upon the day calen. Any party claiming a preference must dar.

so state in his notice of argument to the Causes reserved for a day certain by opposite party and to the clerk; and he stipulation when in order to be called have must also state the ground of such preierence, so as to show to which of the preferred classes the cause belongs.

A preferred cause, being once passed, loses its preference.

the attorney for the appellant. 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.



ENLARGING TIME-REVORING ORDERS. Judgments of reversal by default will

The time prescribed by these rules for not be allowed. When a cause is called in

doing any act may be enlarged by the its order on the calendar, if the appellant

court or by any of the judges thereof; fails to appear, and furnish the court with and any of the judges may make orders the pa pers required, and argue or submit to stay proceedings, which, when served his cause, judgment of affirmance by de- with pa pors and notice of motion, shall fault will be ordered on motion of the re

stay the proceedings, according to the spondent. If the appellant only appears,

terms of the order. Any order may be he may either argue or submit the canse.

revoked or modified by the judge who When any cause shall be regularly called

made it, or, in case of his abseuce or ina. for argument, and no other disposition

bility to act, by any of the other judges. shall be made thereof, the appeal shall be dismissed without costs, and an order

RULE XIX. shall be entered accordingly, which shall be absoluta unless, upon application made

CALENDARS. and good cause shown, opon potice to the When a new calendar Is ordered by the opposite party within ten days, if the court, the clerk shall place thereon all court is in session, and, if not, on the first causes in which notices of argument, with motion day of the next session, the court proof or admission of service, have been ball revoke said order, and restore said filed in his office, and also, if ordered by appeal.

the court, all other causes in which the RULE XVI.

returns have been filed in his office; and

the causes so put on the calendar by the REMITTITUR.

direction of the court will be heard in

their order as if regularly noticed. The remittitur shall contain a copy of the judgment of this court, and the return made by the clerk below, and shall

RULE XX. be sealed with the seal, and sigued by the

MOTIONS FOR REARGUMENT. clerk of tbis court.

Motions for reargument will only be

heard un notice to the adverse party, RULE XVII.

stating briefly the ground upon which a AFFIRMANCE BY DEFAULT.

reargument is asked; and such motions

inust be submitted on printed briefs, When a judgment or order shall be af- stating concisels the points supposed to firmed by the default of the appellant, have been overlooked or misapprehended the remittitur shall not be sent to the by the court, with proper reference to the court below, unless this court shall other particular portion of the case, and the au. wise direct, until ten days after notice of thorities relied upon, and counsel will not the atfirmance shall have been served on be heard orally.





II. No person shall be admitted to practice Before any person sball enter upon the as an attorney and counselor in any court clerkship, or substituted course of study of record in this state, except as provided hereinafter provided, or in one year therein these rules, without a regular admis- after, he shall, if not a graduate of a col. sion and license by the supreme court, lege or university registered by the at a general term thereof, after a satis- regents maintaining a satisfactory factory examination, conducted by the standard, pass an examination conducted judges of such court, or by not less than under the authority and in accordance three practicing lawyers, of at least seves with the ordinances and rules of the Uni. years' standing at the bar, to be appoint-versity of the State of New York, in Enged by the court for one year at the first Jish composition, first year Latin, arithgeneral term held in each year in the re- metic, geometry, English and United spective departments. The members of States history, and civics, or iu their sub. such committee of examination may be stantial equivalents, defined by the rules removed at any time by the court, and of the University, and shall file a certifi. vacancies for any cause or nonattendance cate of such act, signed by the secretary may be filled during the year.

of the University, with the clerk of the court of Appeals, who shall return to the resides, but such certificate shall not be person named therein a certified copy of conclusive, and the court must be satisthe same, showing the date of such filing. fied on this point from examination and

A law student whose clerkship or sub- inquiry. stituted course of study has already be- Third. Tbat, before commencing his gun, as shown by the records of the court clerkship or substituted course of study, of appeals or of any incorporated law he had graduated at a college or universischool in this state, or law scbool estab-ty, or, if not such graduate, that before lished in connection with any college or commencing such clerkship or substituted university within this state, may, at his cuurse of study, or within one year thereoption, file, instead of the certificate re- after, he had passed the regents' examinaquired by this rule, that required by the tion hereinbefore required, which facts, rules of the court of appeals, adopted May respectively, may be proved by the pro4, 1882.

duction of the diploma of such college or [Note.-Examinations in the subjects university, or, in case of its loss, by other required by this rule are held by the satisfactory proof, and by a production regents in all the academies and academic

of a certified copy of the regents' certifdepartments of union schools in the

cate filed in the office of the clerk of the state, under regulations issued from their

court of appeals, as herein before pru

vided. office in Albany. Special provision is and

Fourth. That he has served the clerkwill be made for meeting the requirements ship or pursued the substituted course of of this role.]

study prescribed by the rules. The clerkIII.

ship may be proved by the certificate of No person shall be admitted to practice

the attorney with whom the same was

served, or, in case of his death or removal as an attorney and counselor unless he shall have served a regular clerkship of

from the state, or unjust refusal to give three years in the office of a practicing at.

the same, by other satisfactory evidence. torney of the supreme court, after the age

The time of study allowed as a substitute of eighteen years, except as hereinafter pro

for any part of said clerkship may be vided. An alluwance of one year sball be

proved by the certiticate of the teacber or made to applicants who are graduates of

president of the faculty under whose inang college or university. Any portion of

structions the person has studied, in ad.

dition to the affidavit of the applicant, time, not exceeding one year for graduates receiving the foregoing allowance,

which proof must be satisfactory to the

court. and two years for other applicants, actually spent in regular attendance upon the

V. law lectures, or law school connected

It shall be the duty of attorneys with with any college or university having a whom a clerkship shall be commenced to department organized with competent

file a certificate of the same in the office of professors and teachers in which instruc

the clerk of the court of appeals. Tbe tion is regularly given, shall be allowed in

clerkship shall be deemed conimenced lieu of an equal period of clerkship in the

from the time of such filing, and a certified office of a practicing attorney of the copy of the certificate and of the filing supreme court; but in no case shall an sh be produced at the time of the appliapplicant be entitled to admission as an

cation for examination. attorney and counselor, without having served a clerkship in the office of a prac

VI. ticing attorney of the supreme court for Ibe period of at least one year.

Persons who have been admitted as at. Attendance at a law school during a torneys in the highest court of original school year, of not less than eight months jurisdiction of another state or country in any year, sball be deemed a year's at- may be admitted to examination as attendance under this rule, and, in comput- torneys and counselors, if they bave ing the period of clerkship, a vacation not served a regular clerkship of one year in exceeding three months in each year shall the office of a practicing attorney of the be allowed as part of such year.

811 preme court of this state, and sball in

other respects be entitled to such exami. IV.

nation, except that in such

regents' certificate sball be required. To entitle an applicant to an examination as an attorney and counselor, he

VII. must prove to the court:

First. That he is a citizen of the United Any person who has been admitted and States, twenty-one years of age, and a has practiced three years as an attorney resident of the department within which and counselor in the highest court of law the application is made, and that he has in another state may be admitted and Dot been examined in any other depart- licensed without examination; and the meat for admission to practice and been general term of the supreme court may, in refused admission and license within three its discretion, 80 adinit and license any months immediately preceding; which person who has thus practiced in another proof any be made by his own affidavit. country, or who, being an American citi.

Secund. That he is a person of good zen and domiciled in a foreign cuuntry, moral character, wbich may be proved by has received such diploma or degree there. the certificate of the attorney with whom in as would have entitled birn, if a citizen he has passed bis clerkship, or by some of such foreign country, to practice law in attorney in the town or city where be | its courts; but he must possess the other


qualifications required by these rules, and duplicated for different purposes, except most produce a letter of recommendation that a student attending a law school as from one of the judges of the highest court herein provided, and who during the of law of such other state or country, or vacations of such school, not exceeding furnish other satisfactory evidence of three months in any one year, shall purcharacter and qualifications.

sue his studies in the office of a practicing

attorney, shall be allowed to count the VIII.

time so occupied during such vacation or The time of clerkship shall be computed

vacations as part of the clerkship in a by the calendar year, and, if the period of

law office required by these rules. The clerkship shall expire during the term at judges of the supreme court may adopt which application is made, the applicant regulations for conducting the examinamay be admitted on any day during the

tions. term. Thesame period of tirae shall not be Attest: GORHAM PARKS, Clerk.

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