RULES OF THE COURT OF APPEALS.

NOTICE.

The first Monday of each session only will be a motion day, on which oral arguments will be heard in original motions. Original motions may be submitted, without 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 (16) 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 XI." Appeals from orders should be noticed for the first Monday of a session.

The County Clerk's certificate, or waiver thereof under section 3301, Code Civil Procedure, are necessary parts of the printed case on appeal.

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 on 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 painly 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 VII.

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

The sixteen printed copies of the case required by Rule VII to be filed with the clerk must be bound in light-colored (not dark) paper and should not be sent to the Clerk for filing until after the appeal has received a calendar number.

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 VII, which will be strictly enforced.

RULES OF PRACTICE.

(Adopted October 22, 1894; amended December 15, 1906. To take effect January 7, 1907.)

RULE I.

Appellant to file return; effect of omission.-If the appellant shall not cause the proper return to be made and filled with the clerk of this Court within the time prescribed by law (Code Civ. Proc., 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 though there had been no appeal.

RULE II.

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 a further return without delay.

RULE III.

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 IV.

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 V.

Cases and points to be printed; mode of printing,- All cases and points, and all other papers furnished to the court in cal

endar 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. (Amended December 15, 1906.)

RULE VI.

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 VII.

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 sixteen printed copies, of the case; and shall at the same time file with the clerk sixteen 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 sixteen 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 sixteen 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, and one copy shall be delivered to the reporter. (Amended December 15, 1906.)

RULE VIII.

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 IX.

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 X.

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 an engagement elsewhere in the actual trial or argument of another cause commenced before the term of this court, or of other inevitable necessity, to be shown by affidavit. Other causes may be reserved upon reasonable cause shown, or by stipulation of parties filed with the elerk; 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. (Amended December 15, 1906.)

RULE XI.

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 Divisions 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 XI 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. (Amended December 15, 1906.)

RULE XII.

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