RULES

OF THE

SUPREME COURT,

Adopted November 24, 1874.

RULES OF PRACTICE.

Adopted pursuant to section 13 of chapter 408 of Laws of 1870, in Convention of Justices and Judges at an adjourned meeting held at the Capitol in the city of Albany, on the 24th day of November, 1874.

Ordered, That the following rules shall commence and take effect on the first day of February, 1875.

RULE 1.

Applicants for admission to practice as attor neys and counselors of the courts, who are enti

tled to examination, shall be examined in conformity to Rule I of the "rules and regulations established by the judges of the court of appeals in relation to admission of attorneys, solicitors and counselors."

Rule 1, 1858, amended. Rule 1, 1870, amended; see ante, p. 28; and notes, Voorhis' Code, p. 693.

RULE 2.

To entitle an applicant to examination, he must produce to the court proof. of his compliance with the "rules and regulations established by the judges of the court of appeals in relation to the admission of attorneys, solicitors and counselors in the several courts of this State."

And to entitle him to admission, such applicant must sustain a satisfactory examination upon the law of real and personal property, contracts, partnership, negotiable paper, principal and agent, principal and surety, insurance, executors and administrators, bailments, corporations, personal rights, domestic relations, wills, equity, jurisprudence, pleadings, practice and evidence, and these rules of the courts.

Applicants admitted shall sign a roll, and subscribe and take the constitutional oath of office.

Rule 2 of 1858, Rule 2 of 1870, amended; see notes, Voorhis' Code, p. 694; also ante, p. 28, et seq.

RULE 3

Papers shall be filed in the county specified in the complaint as the place of trial. In case the place of trial is changed, the papers then on file, and those afterward filed, shall be filed in the clerk's office of the county specified in the order; and all other papers in the cause shall be filed in the county so specified.

Part of Rule 3, 1858, Rule 3 of 1870; see notes, Voorhis' Code, pp. 695. 696.

RULE 4.

When the affidavits and papers upon a non-enumerated motion are required by law, or by the rules of the court, to be filed, and the order to be entered in a county other than that in which the motion is made, the clerk shall deliver to the party prevailing in the motion, unless the court shall otherwise direct, a certified copy of the rough minutes, showing what papers were used or read, together with the affidavits and papers used or read upon such motion, with a note of the decision thereon, or the order directed to be entered, properly certified. And it shall be the duty of the party to whom such papers are delivered to cause the same to be filed, and the proper order entered, in the proper county, within ten days thereafter, or, in default thereof, he shall lose the benefit of the said order, and the same shall be deemed vacated.

Part of Rule 3, 1858; Rule 4 of 1870, amended; see notes, Voorhis' Code, p. 695..

RULE 5.

It shall be the duty of the plaintiff's attorney forthwith to file with the clerk of the court all undertakings given upon procuring an order of arrest, an injunction or an attachment, with the approval of the justice or judge taking the same indorsed thereon; and in case such undertakings shall not be so filed, the defendant shall be at liberty to move the court to vacate the proceedings for irregularity, with costs, as if no undertaking had been given. It shall also be the duty of the attorney to file at the same time, and under the like penalty, the affidavits upon which an injunction or attachment has been granted, and also the affidavit upon which an order for the service of a summons by publication, or an order for a substituted service of a summons, has been granted, together with the order for such service.

Rule 4 of 1858, amended; Rule 5 of 1870; see notes, Voorhis' Code, p. 696; 10 Abb. Pr. (N. S.) 395.

RULE 6.

The Sheriff shall file with the clerk the order or process and original affidavits on which an arrest is made, within ten days after the arrest. A copy of this rule shall be indorsed on the order of arrest before its delivery to the sheriff.

Rule 7 of 1858; Rule 6 of 1870, amended.

RULE 7.

When any order on a non-enumerated motion is entered, all the papers used on the motion shall be specified in the order and filed with the clerk, or the same may be set aside as irregular. Rule 7 of 1870, amended; see 4 N. Y. Sup. 683.

RULE 8.

Whenever bail are required to justify, they shall justify within the county where the defendant shall have been arrested, or where the bail reside. In no case shall an attorney be surety on any undertaking, or bond required by law in any action or proceeding, or be bail in any civil or criminal case or proceeding.

Rule 5 of 1858, amended; Rule 8 of 1870, amended.

RULE 9.

Whenever a justice or other officer approves of the security to be given in any case, or reports upon its sufficiency, it shall be his duty to require personal sureties to justify, or, if the security offered is by way of mortgage on real estate, to require proof of the value of such real estate. And all bonds and undertakings, and other securities in writing, shall be duly proved or acknowledged, in like manner as deeds of real estate, before the same shall be received or filed.

Rule 6 of 1858; Rule 9 of 1870; see notes, Voorhis Code, p. 697.