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NEW YORK-Court of Appeals.







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lating the licensing of attorneys, which fact

shall be determined by said board before On February 3, 1903, the following order the examination. If an applicant, on examwas entered amending rule 39:

ination, should be rejected, he shall not And now on this day it is considered by again be admitted to an examination until the court that paragraph 4 of rule 39, in at least one examination has intervened after regard to the examination of applicants for such rejection, and shall file with the board admission to the bar, be and the same is proof that he has studied law during the inbereby amended, as follows:

tervening time subsequent to the prior ex"The board sball certify to this court every amination." person who shall pass a satisfactory examidation, provided such person shall have in 1 For rule as originally adopted, see 47 N. other respects complied with the rules regu- E. ix.



Rules of PracticeRules Peculiar to the Business of the

Supreme Court.

Rule 1. SESSIONS IN TERM. questions presented and a succinct state

ment of so much of the cause, referring to The regular public sessions of the Su. the pages of the printed record, as is necespreme Court shall be held in the Supreme Court room, in the capitol, on Tuesday and sary to show how the questions arise, with Thursday of every week during the term of marginal reference to the headings and

points made, and whenever the constitutionthe court, commencing at 9:30 o'clock a. m.; ality or construction of a statute is involved, standard time, on Tuesdays, and 8:30 o'clock the brief shall contain a copy of such stata. m., standard time, on Thursdays, and only ute; and for want of such printed copies on other days of the week by special as being so filed unless good reason be shown signment, as the convenience of the business may require.

to the contrary, the cause will be dismissed And the sessions of the consultation room

for want of prosecution, or otherwise disshall be between the hours of 8:30 o'clock posed of at the discretion of the court. a. m., and 4:30 o'clock p. m., standard time.

Sec. 2. It is hereby made the duty of the defendant in error or party holding the nega

tive, if he desires to be heard, to file ten Rule II. ORDER OF BUSINESS.

copies of a like brief, printed with like refThe business of the general docket shall erences, within seven months after the filbe proceeded in as follows:

ing of the petition in error. Section 1. It is hereby made the duty of Sec. 3. A copy of the printed record and the plaintiff, or party holding the affirma- of the brief of the plaintiff shall be served tive, within five months after the filing of on defendant in error or his counsel forththe petition in error, to have filed with the with; and the brief of defendant in error clerk ten printed copies of a brief or argu- shall be served on opposite counsel forthment thereon, containing a statement of the with upon the filing of the same. All re67 N.E.



ply briefs must be filed and served on op- | notice must be given at or before the motion posite counsel within eight months after to take out of order is made. the filing of the petition in error.

Sec. 10. The sessions of the court, in the Sec. 4. Proof of service of all briefs shall south room, on Thursday of each week, will be, immediately after the making of such be devoted to the business of the motion service, filed with the clerk. And a failure docket. to so file may be ground for dismissal of the Sec. 11. A motion shall not, without spe

cial leave of the court, be orally argued beSec. 5. Causes will be taken up for de- yond fifteen minutes on either side. cision in their order on the docket, and not Sec. 12. An application for an extension otherwise, except on motion duly filed, and of time in which to file a brief in any cause, for special reasons, a cause may be taken must be by motion and on notice to the opout of its order and assigned for hearing or posite party; and ten minutes will be aldecision at a particular time, as authorized lowed each side on the hearing of the moby section 440, Rev. St. But proceedings in tion. But it may be submitted by either side error to reverse, vacate or modify a con- upon a written statement of the reasons for viction of a felony will be advanced by the or against the delay. court without motion, on the allowance of the filing of the petition.

Rule IIa. Sec. 6. Any cause may be submitted, how Where, in causes and matters in which ever, on behalf of either or both parties the court has original jurisdiction, it is neceswhatever may be its place on the docket. sary to take testimony, application must be When a cause is reached on the docket and made to the court, and an order directing neither party appears in person, or by attor- the method of taking testimony obtained. ney, it shall be marked submitted and shall be disposed of as the court shall deem fit

Rule III. ORAL ARGUMENT. and proper according to the state and con When a cause on the general docket is ar. dition of the cause.

gued orally, the time allowed for each side Sec. 7. Parties desiring to be heard in oral shall not exceed one hour unless, for special argument, must, in order to have their cases reasons to be adduced before the argument set for oral argument, notify the court of commences, the court shall extend the time. that fact not later than the time for filing of the brief of defendant in error, except that

Rule IIIa. RULE OF COURT ON ORAL where a motion is made to advance a cause,

ARGUMENT. notice of oral argument must be given at or Where a case is orally argued before a before the submission of such motion; other- division of the court, and reserved to the wise oral argument will be considered as whole court for decision, neither party is enwaived.

titled to further oral argument. (May 7, Sec. 8. In all cases where the briefs filed 1895.) in compliance with section one do not contain all points and authorities intended to

Rule IV. PRINTED RECORD. be relied upon on oral argument, counsel No civil cause will be heard or considered, must, five days before the cause is set for whether marked for oral argument or not, hearing, furnish opposite counsel with a brief unless the plaintiff, or party holding the afstatement of any additional points and au- firmative, shall, in compliance with section thorities intended to be presented; and each 6711, Rev. St., have caused to be filed with member of the court and the reporter must the clerk, for the use of the court and rebe furnished with a copy the day before the porter, ten printed copies of so much of the oral argument. At the conclusion of the record, testimony and documents therein, oral argument time will not be given for the necessary to be considered by the court, in filing of briefs thereafter; and all cases as octavo size, pamphlet form, and suitable for signed for oral argument must be submitted binding, with index and marginal references, on the day they are assigned for such argu- the cost of which printed copies shall upon ment.

the filing of the printer's receipted bill be Sec. 9. No motion to take a cause out of taxed as costs in the cause; and for want of its regular order and advance it for hearing, such printed copies, unless good reason be will be entertained on the part of the plain- shown to the contrary, the cause may be distiff, until it is ready to be submitted by him, missed for want of prosecution. and when allowed, time will be given the de A copy of the printed record shall be furfendant, not exceeding sixty days, in which nished to opposite counsel forthwith and to prepare and file his brief; nor, on the proof of such service of records shall be part of the defendant, until the record has filed with the clerk. been printed (unless dispensed witb); and when allowed, the brief of the plaintiff must

Rule V. PRINTING RECORDS, ETC. be filed sixty days thereafter, and that of It shall be the duty of the clerk, on the the defendant in sixty days after the ex- | written precipe of either party, his or their piration of the time allowed the plaintiff. If attorney to any suit pending in this court, oral argument is desired by either party, and on such party depositing with the clerk

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such sum of money as may be reasonably
necessary to defray the expenses, to make up

After the decision of a cause in the Sue from the files, in proper order to be printed preme Court, in which a final record is not for the purposes of the hearing or trial of

required to be made in that court, the origa cause, a copy of the pleadings, exhibits, inal papers shall be returned to the clerk evidence and proceedings therein, preserving of the proper court. When so returned, the the date of the commencement of the action clerk of the Supreme Court shall seal them and the date of the filing of each pleading, ' up and direct them to the clerk of such dispensing with the formal captions, veri- court, and forward them as said clerk may fications and official certificates, where the in writing direct. If not so directed within same may not be material to the questions to a reasonable time, they may be sent by exbe adjudicated, and to cause to be printed

press. fifteen copies thereof for the use of this court and the counsel in the cause; and the costs Rule X. FILES OF CASES DISPOSED OF. thereof, unless otherwise ordered by the

The papers in cases heretofore or herecourt, shall be taxed in the cost bill, and after disposed of (and not returned to the such disposition or application shall be made counties or withdrawn by leave of the court), of the said deposit as to the court shall seem shall be filed away in convenient packages equitable. Where the case is on error, the by the clerk, with a label on each package, matter to be printed shall be indicated by on which shall be written or printed, “Cases the party filing the precipe, in accordance Decided," "General Docket," "Motion with rule IV.

Docket" (as the case may require), and also

the term at which the same were disposed Rule VI. POINTS DECIDED.

of, and the numbers of the cases in each A syllabus of the points decided by the package, which numbers shall correspond court, in each cause, shall be stated in writ- with those of the docket of said term. ing by the judge assigned to prepare the The papers in cases on the general docket opinion of the court, which shall be confined shall be put in separate packages from those to the points of law arising from the facts on the motion docket, and the papers of one of the cause that have been determined by term sball, as far as may be practicable, be the court.

kept in different pigeon-holes or places of and the syllabus shall be submitted to the deposit from those of any other term. judges concurring therein, for revisal, be REPORT OF CAUSES DISPOSED OF.fore publication thereof; and it shall be in- | All causes disposed of on the general docket serted in the book of reports without altera- without report, except such as are dismissed tion, unless by the consent of the judges by the consent of parties, or for failure to concurring therein.

file printed record, or for want of prepara

tion, shall be published in the reports of deRule VII. APPLICATION IN ERROR.

cisions of this court, by giving the style of When an application for leave to file a the case, the character of the suit, the judgpetition in error has been made in vacation ment of the court, and the cases cited if to a judge of the Supreme Court and disal- ; any, as authority for the decision, and the lowed, no other application therefor shall be attorneys of the parties. (December 13, made, except to the court in session.

1893.) An application for a rehearing will not be entertained when made at a term subsequent Rule XI. THE MINUTE BOOK AND ITS

CONTENTS. to that at which the judgment is rendered, potwithstanding such rehearing is requested There shall be kept by the clerk a book, by one of the judges.

to be called the "Minute Book," in which

shall be separately entered every cause and Rule VIII. NOTICE OF APPLICATION IN motion hereafter docketed in this court, exERRORS.

cept motions in pending causes, which latter In cases where leave of the court or a motions shall be noted in their respective judge to file a petition in error is required, causes, but shall not be separately entered notice in writing of the intended application, in said book, and also the date of docketing briefly specifying the errors relied on, shall the same, and the payment of fees and by be given to the adverse party, or his attor- whom paid. ney, at least ten days when made to the He shall also briefly note therein the iscourt

, and five days when made to a judge, suing and date of all process sued out of before the application shall be acted on, un- this court, the return day thereof, when re. less, in view of special circumstances at- turned, whether served or not, and the date tending the case, the court or judge should of service, if made; also, under the proper determine that justice required the time of dates, the filing of all pleadings, depositions, such notice to be abbreviated or such notice briefs or other papers that may be filed in to be dispensed with.

the cause, in this court; and briefly note all A copy of such notice, with the proof of motions in the cause that may be placed the service thereof, and petition in error,

on the motion docket; and all orders, and shall accompany the application.

judgments of this court in the cause, with a

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reference to the journal and page where the legal ethics. No one shall be admitted to the same may be entered, and to the volume and examination whose educational attainments page of the complete record thereof, if there are not equivalent to those indicated by the be one.

completion of the course of study in the pubHe shall also note therein by whom and lic high schools of this state. The following when any papers may be taken from his will be accepted as evidence of such attainoffice, and when returned.

ments: (a) A diploma or certificate of gradu

ation from such high school; (b) a diploma Rule XII. WITHDRAWAL OF BRIEFS.

from a college or university of approved After a cause has been decided and re- standing; (c) a certificate of matriculation ported, counsel may withdraw manuscript in the freshman or a higher class in the acabriefs from files.

demic department of such college; (d) a cer.

tificate from the state board of school exRule XIII. WHEN RECORDS ARE TO BE

aminers. Applicants not having such eviCOMPLETED.

dence of general learning may, on payment In cases decided before the first of May in of a fee of five dollars, submit to an examiany term, if complete records therein are to nation to be held at Columbus on the third be made in this court, they shall be com- Tuesday of each September by a committee pleted before the first day of the ensuing to be appointed by the court for that purOctober.

pose. A certificate from such committee that

the applicant's attainments are equivalent to Rule XIV. ADMISSION TO THE BAR.

those of such high school course will be sufSection 1. Except as provided in section ficient evidence of general learning. This 560 of the Revised Statutes, concerning per- requirement as to general education shall sons who have been admitted and practiced apply to all whose certificates of entrance in the highest court of another state, or in upon the study of law are filed with the clerk the Supreme Court of the United States, of this court after December 31, 1900. Such for a period of five years, no person shall evidence of general education must be filed be admitted to the bar except upon an ex- with the clerk of this court at least ten days amination and certificate of the standing before the examination for admission. No committee on examinations.

one will be admitted to the examination who Sec. 2. There shall be appointed, to take has not attained the age of twenty-one years. effect on the first day of January, 1901, ten The printed interrogatories and the answers discreet and judicious attorneys and coun- of applicants thereto shall be submitted to selors at law, to be known as the “Standing the court with the report of the examiners, Committee on Examinations." Two mem- and, together with all certificates and papers bers of the committee shall be appointed for required under this rule, shall be filed with one year, two for two years, two for three the clerk and preserved. years, two for four years, and two for five Sec. 5. Every resident of this state who years. Their successors shall be appointed commences the study of law on and after for a term of five years each.

January 1, 1898, either under the tuition of Sec. 3. The standing committee shall hold an attorney at law, or at a law school whethan examination of applicants for admission or located in this state or elsewhere, shall to the bar in the city of Columbus, on the file with the clerk of the Supreme Court the first Tuesday of each June and December. certificate of such attorney or of the cbief No other examinations will be held. Exam- officer of such law school, as the case may inations must be conducted under the direc-be, showing his name, age and residence, tion of the committee, a majority of whom and the date when he commenced the study shall report in writing for or against the of law, which certificates shall be accomadmission of each applicant.

panied by a fee of fifty cents. As to all such Sec. 4. No applicant shall be admitted to persons the three years' study of law rethe bar unless a majority of the members quired by section 560 of the Revised Statconducting the examinations shall certify utes, shall date from the filing of such certhat they find him to have a competent tificate. knowledge of the law and to have sufficient Sec. 6. Every resident of this state who general learning to discharge the duties of shall have commenced the study of law prior an attorney and counselor at law, and shall to January 1, 1898, shall on or before the recommend bis admission. Such certificate first day of March, 1898, file with the clerk shall not be made unless the applicant has a certificate of his preceptor, or of the chief sustained on his written answers to the officer of his law school, showing his name, printed questions of the examiners an av age and residence, and the time when and erage grade of 75 per cent. on an examina- the place where, and under whom he comtion embracing the following subjects: The menced the study of law, which certificate law of real and personal property, torts, con- shall be accompanied by a fee of fifty cents. tracts, evidence, pleading, partnership, bail Sec. 7. Every person who shall commence ments, negotiable instruments, agency, sure the study of law while a nonresident of this tyship, domestic relations, wills, corporations, state, and who has not been regularly adequity, criminal law, constitutional law, and | mitted as an attorney at law in some court

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