GENERAL RULES OF PRACTICE.

SUPREME COURT RULES.

Adopted in convention of the Justices of the Supreme Court assigned to the Appellate Division thereof, held at Albany, December, 1895, pursuant to Code of Civil Procedure, section 17; amended October 24, 1899; amended October 24, 1905; amended April 1,

1910.

Rule 1. Application for admission as attorneys.

Within ten days after the first day of January in each year, the Appellate Division in each department shall appoint a Committee on Character and Fitness of not less than three for the department, or may appoint a committee for each Judicial District within the department, to whom shall be referred all applications for admission to practice as attorney and counselor at law, such committee to continue in office until their successors are appointed. To the respective committees shall be referred all applications for admission to practice, either upon the certificate of the State Board of Law Examiners, or upon motion under Rule 2 of the Rules of the Court of Appeals for the admission of attorneys and counselors at law. The committee shall require the attendance before it, or a member thereof, of each applicant, with the affidavit of at least two practicing attorneys acquainted with such applicant, residing in the Judicial District in which the applicant resides, that he is of such character and general fitness as justifies admission to practice, and the affidavit must set forth in detail the facts upon which the affant's knowledge of the applicant is based, and it shall be the duty of the committee to examine each applicant, and the committee must be satisfied from such examination, and other evidence that the applicant shall produce, that the applicant has such qualifications as to character and general fitness as in the opinion of the committee justify his admission to practice, and no person shall be admitted to practice except upon the production of a certificate from the committee to that effect, unless the court otherwise orders.

No applicant shall be entitled to receive such a certificate who is not able to speak and to write the English language intelligently, nor until he affirmatively establishes to the satisfaction of the committee that he possesses such a character as justifies his admission to the Bar and qualifies him to perform the duties of an attorney and counselor at law.

An applicant for admission to practice as an attorney and Counselor at law on motion, under the provisions of Rule 2 of the Rules of the Court of Appeals for the admission of attorneys and counselors at law, must present to the court proof that he has been admitted to practice as an attorney and counselor

at law in the highest court of law in another state, or in a country whose jurisprudence is based upon the principles of the common law of England; a certificate, executed by the proper authorities, that he has been duly admitted to practice in such state or country; that he has actually remained in said state or country, and practiced in such court as attorney and counselor at law for at least three years; a certificate from a judge of such court that he has been duly admitted to practice and has actually continuously practiced as an attorney and counselor at law for a period of at least three years after he has been admitted, specifying the name of the place or places in which he has so practiced and that he has a good character as such attorney. Such certificate must be duly certified by the clerk of the court of which the judge is a member, and the seal of the court must be attached thereto. He must also prove that he is a citizen of the United States and has been an actual resident of the State of New York, or of an adjoining state, for at least six months prior to the making of the application, giving the place of his residence by street and number, if such there be, and the length of time he has been such resident. He shall also submit the affidavits of two persons who are residents of the judicial district in which he resides, one of whom must be an attorney and counselor at law, that he is of such character and general fitness as justifies admission to practice, and the affidavit must set forth in detail the facts upon which the affiant's knowledge of the applicant is based. In all cases the applicant must appear in person before the court on the motion for his admission, and also before the committee on character and fitness for the district in which the application is made. When the applicant resides in an adjoining state, and a motion is made to admit him to practice in this state without actual residence herein, in addition to the foregoing facts, the applicant must prove to the satisfaction of the court that he has opened and maintains an office in this state for the transaction of law business therein.

In all cases the applicant for admission must file with the clerk of the Appellate Division of the proper department the papers required for his admission as hereinbefore specified prior to or at the time of the motion for admission to practice. (Amended April 1, 1910, in effect Sept. 1, 1910.)

Rule 2. Papers, where filed; indorsements.

The papers, in cases pending in the Appellate Division, shall be filed with the clerk of such division of the department in which the case is pending. In all other cases where no provision is made by the Code, papers in the Supreme Court shall be filed in the office of the clerk of the county specified in the complaint as the place of trial. In Surrogate's Courts, in the office of Surrogate; in other courts of record, in the office of the respective clerks thereof. In case the place of trial be changed to another county, all subsequent papers shall be filed in the county to which such change is made. All papers served or filed, must be indorsed or subscribed with the name of the attorney or attorneys, or the name of the party if he appears in person, and his or their office address, or place of business.

Rule 3. Motion papers to be specified in order and filed; effect of failure to file; entry of order.

When any order is entered, all the papers, used or read on the motion on either side, shall be specified in the order, and shall be filed with the clerk, unless already on file or otherwise ordered by the court, or the order may be set aside as irregular, with costs. The clerk shall not enter such order unless the motion papers are filed, and unless the order is signed by the justice presiding at the court at which the motion was heard. When an opinion has been delivered by the court, it shall be filed with the order and shall be considered a part of the record upon which the order was made; and if the order does not state the grounds upon which it was made, the opinion may be considered to ascertain such grounds.

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. 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 the order may be set aside as irregular, with costs. (Amended Apr. 1, 1910, in effect Sept. 1, 1910.)

Rule 4. Undertaking and affidavit in proceedings for injunctions, attachment, order of arrest and writ to be

filed.

Except where otherwise expressly provided by law, it shall be the duty of the attorney of the party required to give a bond or undertaking to forthwith file the same with the proper clerk; and in case such bonds and undertakings shall not be so filed, any party to the action or special proceeding, or, other persons interested, shall be at liberty to move the court to vacate the proceedings or order as if no bond or undertaking had been given. It shall also be the duty of the attorney to file the petition or affidavit upon which an injunction, attachment, order of arrest, or writ, has been granted within ten days after the same shall have been served. In case of a failure so to file such petition or affidavit, the opposing party may move to vacate the order, warrant or writ, and the same shall be vacated by the court or judge granting the same, unless for proper cause shown time to file the same shall be extended.

Rule 5. Sureties, justification of bonds to be acknowledged.

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 acknowl edged in like manner as deeds of real estate, before the same shall be received or filed.

In no case shall an attorney or counselor be surety on any undertaking or bond required by law, or by these rules, or by any order of a court or judge, in any action or proceeding, or be bail in any civil or criminal case, or proceeding.

Rule 6. Sheriff's return, how compelled.

At any time after the day when it is the duty of the sheriff, or other officer, to return, deliver, or file any process or other paper, by the provisions of the Code of Civil Procedure, or by these rules of the courts, any party entitled to have such act done, except where otherwise provided by law, may serve on the officer a notice to return, deliver, or file such process, or other paper as the case may be, within ten days, or show cause, at a Special Term to be designated in said notice, why an attachment should not issue against him.

Rule 7. Books to be kept by clerk of courts.

The clerk of the Appellate Division in each department shall keep:

1. A book, properly indexed, in which shall be entered the title of all actions and proceedings which are pending in that court, and all actions or special proceedings commenced in the Appellate Division with entries under each, showing the proceedings taken therein and the final disposition thereof.

2. A minute book, showing the proceedings of the court from day to day.

3. A remittitur book, containing the final order made upon the decision of each case, a certified copy of which shall be transmitted to the proper clerk as required by the Code of Civil Procedure.

4. A book, properly indexed, in which shall be recorded at large all bonds or undertakings filed in his office, with a statement of the action or special proceeding in which it is given, and a statement of any disposition or order made of or concerning it.

5. A book, properly indexed, which shall contain the name of each attorney admitted to practice, with the date of his admission, and a book, properly indexed, which shall contain the name of each person who has been refused admission or who has been disbarred or otherwise disciplined or censured by the court. The clerk of each department shall transmit to the clerk of the Court of Appeals and to the clerks of the other departments the names of all attorneys who have been admitted to practice, the names of all applicants who have been refused admission, and the names of all attorneys who have been dis