SPECIAL RULES

OF THE

SUPERIOR COURT

OF THE

CITY OF NEW YORK FOR 1875 Made pursuant to rule 96 of Supreme Court. *

GENERAL TERMS.

RULE 1.

There shall be a general term of the court held in the months of January, February, March, April, May, June, October, November and December, commencing on the first Monday in each month, and terminating on the second Saturday thereafter, unless further extended by the judges holding the term.

*See Laws 1870, ch. 408, 13.

There shall also be a general term held on the days designated in vacation, for the hearing of appeals from orders only.

RULE 2.

A note of issue of cases for the general term calendar, excepting appeals from orders, must be filed with the clerk for each term, at least eight days before the first day of the term.

RULE 3.

Appeals from orders may be noticed for and shall be heard in the general term on the first and second Mondays, and the second Friday in term, and on the days appointed in vacation, at the opening of court.

A note of issue of such appeal, stating when the appeal was taken, shall be filed with the clerk at least three days before the day for which the appeal is noticed; and the clerk shall enter the same upon a separate calendar, in the order of time the appeal was taken.

RULE 4.

In calendar causes, and also in appeals from orders, the parties shall deliver eight copies of the printed papers and points to the clerk at the commencement of the argument, which printed case shall contain a certificate of the clerk that the case has been duly filed upon the order of the judge or referee who tried the cause.

RULE 5.

Where the printed papers upon an appeal from a judgment have not been served within the time limited by Rule 49 of the General Rules of Court, the respondent will not be allowed to take an order of affirmance by default, but will be put to his motion under said rule, to strike the cause from the calendar, etc., for which purpose such motions may be made at the opening of the court on the first day of the term.

See 36 How. 366; Sup. Ct.. Rule 50, ante; 1 Jones & Spencer, 502; 2 Sweeny, 696, 701.

RULE 6.

The calendar of appeals from judgments will be called on the first day of the term, immediately after motions and appeals from orders have been disposed of; and the argument of such appeals will be proceeded with in their order.

No case will be set down for a future day, except for sufficient cause to be shown at the opening of the court on the first day of the term.

No more than ten cases will be placed upon the day calendar.

Except for sufficient cause, no appeal will be set down to be heard which cannot be argued before the judges who are regularly assigned for the term.

RULE 7.

Where an appeal from a judgment or order is based wholly or in part upon alleged errors of fact, the appellant's points must distinctly and clearly state, in a separate point for each, what errors of fact have been committed, with references to the folios of the case which contain the evidence relied upon by him.

RULE 8.

No case or exceptions to be annexed to the judgment roll shall hereafter be filed by the clerk of this court, unless the same is so ordered by the justice or referee who tried the cause.

RULE 9.

No case or exceptions will be ordered to be filed until it shall have been engrossed or printed after settlement, with all the papers and exhibits required to be inserted therein.

RULE 10.

All notes of issue for the general term shall specify thereon by what judge or referee the cause was tried or order made. And the clerk shall state the name of such judge or referee on the calendar.

RULE 11.

Cases or exceptions presented for settlement shall have plainly marked upon the proposed case or exceptions, and also upon the stenographer's

minutes of the evidence, the parts to which the proposed amendments are applicable, together with the number of the amendment. And if the party proposing the amendments claims that the case should be made to conform to the minutes of the stenographer, he must refer at the end of each amendment to the proper page of such minutes.

SPECIAL TERMS.
RULE 12.

There shall be a special term of the court for the trial of issues of law and of issues of fact without a jury, and for the hearing of motions and granting of ex parte orders, held during each month in the year, commencing on the first Monday of each month, and terminating on the Saturday immediately preceding the first Monday of the succeeding month.

In the months of July, August and September, no trials shall be had, unless ordered by the justice presiding.

RULE 13.

Notes of issue for the Special Term shall specify whether the issue is of law or fact. In making up the calendar, issues of law shall be placed first thereon.