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NEYS AND COUNSELORS-AT-LAW.

Admission of Attorneys, who shall have, R. I.
who have practiced outside of State, R. II.
qualifications for, R. II.

filing of certificate for, R. III.

affidavits of good moral character, R. III.
to entitle an applicant to, R. IV.

age for, R. IV.

study for, R. IV.

fee of applicant for, R. VIII.

Affidavits, of good moral character, R. III.
showing service of clerkship, R. VI.
Applicant, to entitle. an, to admission, R. IV.
citizenship and age of, R. IV.

for examination, previous study of, R. V.

period of study of, if a graduate of college or university,
R. V.

if a person admitted to bar of another State or country,
R. V.

if not a graduate or admitted to the bar, R. V.

fee of, for admission, R. VIII.

Attorneys. (See admission of.)

Certificate, for admission of attorneys and counselors at law,

R. III.

of clerkship, to be filed by attorney, R. V.

filing of, if omitted without fault, R. VII.

Clerkship, age for, R. V.

period of, how computed, R. V.

Counselors at Law.

(See admission of attorneys and)

Examination, applicants for, previous study of, R. V.

may be oral or written, R. VIII.

failure to pass, applicant not to be examined again within

three months, R. VIII.

Examiners. (See State Board of Law Examiners.)

Graduates of a college, etc., time of study, R. V.

proof required, R. V.

Law School, attendance at, R. V.

Military or Naval Service, time spent in, R. X.
Regents, certificate of, in what subjects, R. V.

previous certificate, effect of, R. VII.

State Board of Law Examiners, certificate of the, to be filed with

the court, R. III.

proof required by, R. VI.

compensation of, R. VIII.

Study of law, what constitutes, R. V.

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.

Rule 1. Applicants for admission as attorneys.

Applicants for admission as attorneys and counselors who have passed the examination prescribed by the rules of the Court of Appeals shall file the certificates of the examiners with evidence of character with the clerk of the Appellate Division of the proper department at such times as shall be directed by special order, or by rules of the court in such department.

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 elerks 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; effect of non-filing; 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 papers are filed, except when otherwise specially directed by the court.

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.

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

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 acknowledged 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

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