ment, or other disposition of the action as of the date of rendering thereof; also all orders in the action, and the date of the appeal, if any, together with the disposition thereof. Specific entries shall be made of the judgment, the costs and disbursements as taxed and the prospective disbursements together with the execution, if issued, or transcript if given, and any other matter affecting the judgment. All entries shall be made in the action on the same page of the docket, except in actions where the entries are so voluminous as to require one or more additional pages, in which case the entries shall be continued under the same number upon other pages of that, or a subsequent docket book, references thereto being noted at the end of the first and all additional pages.

(b) An alphabetical index of all actions entered in the current docket books during any year shall be indexed in the name of the plaintiff, or where there is more than one plaintiff in the name of the plaintiff whose name first appears on the summons. The serial number of the action as it appears in the current docket book shall be entered opposite the name indexed. (c) An alphabetical index of all judgments entered in the current docket books, on which an execution is issuable. The judgment shall be indexed in the name of the judgment debtor; or where there is more than one judgment debtor, in the name of each judgment debtor. The name or names of the judgment creditor or creditors shall be entered opposite the name of each judgment debtor. The serial number and year of the action in which the judgment was rendered shall be entered opposite the name indexed.

(d) A docket book of summary proceedings in which shall be entered the date of the precept, the time of its return, the date of filing of other pleadings, the particulars of the final order, the date of the issuing of a warrant and to whom the same was issued, the return thereof and the particulars of such return. Such docket book shall contain an index of each proceeding to be entered in the name of the petitioner. The requirements as to indexing and numbering for actions shall not apply to summary proceedings.

RULE XXII

It shall be the duty of the clerk to enter upon the general calendar provided for by section 95 of the Municipal Court Code the date on which each cause is placed upon said general calendar and the date upon which it shall first be placed on the trial calendar, together with the serial number of the cause.

RULE XXIII

The clerk shall upon receipt of the first paper of an action to be filed in his office stamp the same upon the front page with one of a series of consecutive numbers and the proper year and immediately make an entry in the current docket book as provided by rule twenty-one. All papers thereafter to be filed in the action shall bear the same number and year as the first paper filed as aforesaid. Each number shall constitute a part of the title of such action. After the action shall have received a number the clerk is authorized to refuse to receive or file any paper upon which the number and year assigned thereto does not plainly appear.

Whenever a paper appertaining to any action begun prior to the first day of September, 1915, is filed with the clerk, the clerk shall upon receipt of such paper stamp the same on the front page with a number, and the year, and shall make such entries in the current docket book for that year as if such paper were the first paper filed in the action, and the clerk shall stamp or indorse that number upon every paper in said action theretofore filed in his office, and shall make the proper entries in the docket book in the same manner as if such docketing had been begun with the first paper in such action.

RULE XXIV

Whenever a cause of action and all papers relating thereto are transferred from one district to another, the clerk in the district to which the action has been transferred shall stamp the same with a serial number and the year, as if it were the first paper filed in his office and shall make proper entries in the current docket book, as if such docketing had been begun with the first paper in such action. Where an action shall be transferred from one district to another for trial only, the clerk of the district to which the cause shall have been transferred for trial shall not stamp the papers with any serial number nor make any entries in the current docket book, but shall make an appropriate minute upon the general or trial calendar and shall after the conclusion of the trial upon the rendering of the verdict or receipt of the justice's decision forthwith remit all the papers in the action to the clerk of the district from which the same has been transferred.

RULE XXV

The notice of the filing of an appeal as provided by section 157 of the Municipal Court Code shall be given by the clerk immediately upon the filing thereof by mailing a prepaid postal card to the attorney for the respondent, addressed to his office, or where the respondent has not appeared by attorney, to the respondent at his address. A minute of the mailing of such notice shall be entered in the current docket book.

RULE XXVI

(a.) The stenographer's minutes of the trial shall be transcribed and typewritten on such paper and in such manner so as to conform with the rules in that respect which may from time to time be adopted by the Appellate Terms for the First and Second Departments, respectively.

(b.) The fees of the stenographer for a transcript of his minutes pursuant to section 177 of the Municipal Court Code shall be deposited with the clerk of the district where the action or proceeding is pending, who upon filing of the transcript shall pay the amount deposited to the stenographer. The deposit must be made by the appellant within five days after the filing of the notice of appeal as provided by section 157 of the Municipal Court Code, and within ten days after such deposit the stenographer must file the transcript of his minutes with the clerk.

RULE XXVII

Where a demand for a transfer of an action to the proper district has been filed in accordance with subdivsion 2 of section 17 of the Municipal Court Code the application for the transfer must be made to the court on notice to the plaintiff.

RULE XXVIII

Where two or more defendants are joined in an action the plaintiff shall file the summons or the summons and complaint with proof of service upon the first defendant served as required by subdivision 3 of section 22 of the Municipal Court Code and shall file proof of service upon the other defendants within two days after service upon each of them.

RULE XXIX

Where the clerk is required to enter judgment forthwith upon the defendant's failure to answer pursuant to section 80 of the Municipal Court Code, the plaintiff may at any time before entry of judgment file with the clerk a request in writing not to enter judgment against one or more defendants specified in said request. Upon the filing of such a request entry of judgment shall be postponed until the filing of a further request to enter judgment.

RULE XXX

Where the clerk upon defendant's failure to answer must ascertain the amount due to the plaintiff before entry of judgment as re quired by section 80 of the Municipal Court Code, the plaintiff shall file a statement setting forth the facts constituting the cause of action. The statement must be made by the affidavit of the person specified in section 525 of the Code of Civil Procedure.

RULE XXXI

RULE XXXII

RULE XXXIII

RULE XXXIV ·

RULE XXXV

All actions for rent or for the rental value of he use or occupation of premises used for dwelling purposes and all actions for damages alleged to have been sustained through the holding over of the occupant of such premises after the expiration of his term shall be brought in the District within which the premises are situated. Whenever a failure to comply with this rule shall appear, the Court shall upon its own motion or upon motion of the defendant dismiss the complaint, with costs, to be taxed by the Clerk, unless the defendant by stipulation in writing to be filed with the Clerk or in open Court consents that the action remain and be tried in the District wherein the same has been brought. (Added Oct. 5, 1920.)

The arbitrator shall forthwith proceed to hear the controversy. He shall not be bound by the rules of evidence, but may receive such evidence as seems to him equitable and proper. Either party may be represented by counsel, but no record of the proceedings before the arbitrator shall be kept. No expense shall be incurred by him except upon the consent in writing of the parties.

RULE IV

After the first hearing neither party may withdraw from the arbitration unless both parties consent to, or the arbitrator directs a discontinuance of the proceeding.

RULE V

(In effect Jan. 1, 1912.) RULE I

Trial Terms. Each Trial Term shall begin on the first Monday of the month for which it is assigned, and be continued until and including the Friday preceding the first Monday of the following month, unless the Justice presiding shall continue the term. No Trial Term shall be held during the months of July, August and September, except as hereinafter prescribed. The Justice assigned to the Special Term during the months of July, August and September, with a jury, or without where none is required by the parties, may try "marine cases" or any case in which the defendant may by order of a Justice of this court be actually confined in jail and unable to furnish bail, and when the circumstances of the case are, in the judgment of said Justice, such as to demand a speedy trial in furtherance of justice, and in such cases the Justice assigned to the Special Term during those months may hold such trial in that branch of the court. (Am. Nov. 4, 1914; Dec. 7, 1915, in effect Jan. 1, 1916.)

RULE II

Special calendar for short causes; for commercial causes.-There shall be a special calendar to be called in Part I, Trial Term, for the trial of actions placed thereon, pursuant to the following direction: The justice assigned to Part I, Trial Term, shall send such causes as are placed on this special calendar to Part II, Trial Term, for trial. In case Part II shall not have business enough to occupy it during court hours, causes from the regular calendar at Part I shall be sent to it for trial. (Par. am. Apr. 1, 1915.)

In actions on contract, of replevin, or for conversion, where a note of issue has been filed and the cause noticed for trial, either party may apply to the Special Term on two days' notice to the adverse party for an order placing the cause on the special calendar. Upon such application, if it satisfactorily appear by affidavit and the pleadings that the trial of the action will not occupy more than two hours and that no good reason exists why the same should not be promptly tried, the Court may, by order, place the cause on the special calendar for trial. The order shall specify the number of the cause on the general calendar, and a copy thereof must be filed with the calendar clerk. If the trial shall actually occupy more than two hours the Court may in its discretion send the cause to the foot of the general calendar.

No action brought for the recovery of less than $250, which could have been brought in the Municipal Court of the City of New York, will be advanced to the special calendar.

All actions hereafter advanced to the special calendar shall be called and tried, or otherwise disposed of, in the order in which the same are

placed thereon, unless postponed for legal cause, shown by affidavit.

Special Calendar for Commercial Causes.which may hereafter be placed thereon, wherein In any action now on the General Calendar, or the plaintiff seeks to recover a specific sum of money upon a bond or undertaking, or other instrument, or for the rent or hire of real or written obligation, or upon a negotiable ceived, or for money loaned, or for goods sold personal property, or for money, had and reand delivered, or on a guaranty, or upon a policy of insurance, or for work, labor and services, exclusive of an action for breach of contract of employment, any party to a cause may, upon proof of service of a copy thereof upon the attorneys for all parties who have appeared in the action, file with the calendar clerk a notice to the effect that the cause is one of those enumerated hereinabove, and that the same is moved as a Commercial Calendar cause, and thereupon the calendar clerk shall place the cause upon the Special Calendar for Commercial Causes in the order in which such notices are filed. Such calendar shall be called in Part III, and the causes thereon tried and disposed of at Parts III, IV and V. If the party who has moved the cause as a Commercial Calendar cause shall not be ready to proceed with the trial when the cause is called for trial, the court, in its discretion, may allow an adjournment or send the cause to the foot of the Trial Calendar, or direct a dismissal or inquest, or otherwise dispose of the same as justice may require. Whenever there shall not be sufficient causes on the Calendar for Commercial Causes to occupy the time of the courts held in Parts III, IV and V, causes shall be sent to such part or parts for trial from the Day Calendar by the justices holding Part I. (Am. Oct. 6, 1914; Dec. 5, 1916; Oct. 25, 1920, in effect Nov. 1, 1920.)

RULE III

Preferred causes.-Application for a preference under section 791 of the Code of Civil

Procedure must be made in Trial Term, Part 1, and notice thereof served with the notice of trial, agreeably to section 793.

RULE IV

Actions transferred from other Courts.In actions transferred to this Court by consent from other Courts of record, the party filing the order of transfer shall file with the clerk of this Court engrossed copies of the summons and pleadings in such action, and the clerk shall, on filing such process and pleadings, enter said cause on the trial calendar.

RULE V

Pleadings furnished to Court; duty of attorney.-It shall be the duty of the attorney by whom the copy of the pleadings shall be