SUB-ANALYSIS Rule 111. Motion on reply. 112. Motion for judgment on the pleadings after issue joined. 114. Partial judgment. 115. Cost on motion for bill of particulars. 116. Verification of bill of particulars. TITLE 15-DEPOSITIONS TO BE USED WITHIN THE STATE 121. Notice of taking testimony by deposition. 122. Application for an order for a deposition. t. 15-22 123. Proof on application for order to perpetuate testimony for future action. 124. Motion to vacate notice. 125. Certain papers relating to depositions to be filed. 126. Service and settlement of interrogatories. 127. Time and place of taking testimony; adjournments. 128. Papers to authorize officer or person to proceed with examination. 129. Manner of taking testimony by deposition. 130. Special provisions as to depositions taken without the state. 131. Provisions relating to filing of depositions and papers from without the state. 132. Where depositions are to be filed and kept. 133. When deposition taken without the state may be suppressed. TITLE 16-DEPOSITIONS TO BE USED WITHOUT THE STATE Rule 136. Subpoena to compel attendance of witness to obtain testimony for use without the state and proceedings thereon. 137. Punishment of disobedient witness. TITLE 17—PERPETUATION OF TESTIMONY IN REAL PROPERTY ACTIONS Rule 138. Petition to perpetuate testimony in real property actions. TITLE 18-DISCOVERY AND INSPECTION Rule 140. Application for discovery. 141. Hearing of application; order. 142. Referee to superintend discovery or inspection. TITLE 19-CHANGE OF VENUE Rule 145. Stay of proceedings for change of venue. TITLE 20-NOTICE OF TRIAL AND OF ISSUE 151. Note of issue. TITLE 21-TRIAL Rule 155. Order containing stay. 156. Motion for dismissal of complaint. 157. Settlement of issues for trial by jury. 158. Terms at which issues of fact triable. 159. Stipulation for trial elsewhere than at court house. 160. Papers to be furnished on trial. 161. Opening and closing speeches and examinations. 162. Production of books and papers by library associations, public departments and officers. 163. Application for order to produce prisoner as a witness. 164. Jurors may be excluded from court room. 165. Entry of verdict. 166. Defects in pleadings; variance; failure of proof. TITLE 22-REFERENCES Rule 170. References other than for trial of issues or foreclosure computation. 171. Referee to be sworn. 172. Qualifications of a referee. 173. Deposit by referee. TITLE 23-RECEIVERS Rule 175. Duties of a receiver of debtor's estate. 176. Security for costs by receiver before action. 177. Application by receiver in supplementary proceedings for leave to sue. 178. Sequestration of property of corporation; receiver thereof. 179. Where motion made for removal of receiver; extension of receivership. 180. Power of receiver to employ counsel. TITLE 24-JUDGMENT Rule 185. Form of judgment generally. 186. Judgment against dead person. 187. Final judgment on decision or report awarding interlocutory judg ment. 188. Interlocutory and final judgment on default or decision. 189. Proof to be filed on application to court on default. 190. Notice to defendant on application to the court for judgment. 191. Application for judgment on failure to answer. 192. Proceedings on application for default judgment if service without the state or not personally. 193. Judgment on trial if some defendants default. 194. Judgment after jury trial of specific questions of fact. 195. Judgment after trial of issues and determination of motion for judgment. 196. Judgment on motion. 197. Powers of court on application after decision of motion for judgment. 198. Judgment after trial of whole issue of fact. 199. Judgment after reference to determine specific questions of fact. 200. Application for additional allowance. 201. Entry of judgment generally. 202. Judgment-roll; regulations affecting. 203. Stay of judgment and enforcement. 204. Satisfaction of judgment wholly or partly. TITLE 25-DECLARATORY JUDGMENT Rule 210. Practice assimilated. 211. Prayer for relief. 212. Jurisdiction discretionary. TITLE 26-NEW TRIAL Rule 220. Motion for new trial on exceptions to be heard in the first instance in appellate division. 221. Motion for new trial at special term. 222. Review of interlocutory reference or inquisition. 223. When notes of stenographer treated as minutes of judge. TITLE 27-APPEALS Rule 229. Bill of exceptions. 230. Case and bill of exceptions; service; amendment and settlement. 231. Failure to make case. 232. Bill of exceptions; case; resettlement; exhibits. 233. Extension of time for serving case on appeal or amendments. 234. Papers constituting record on appeal. 235. Records and briefs on appeal; printing, indexing and delivery. 236. Briefs and points to be exchanged by parties. 237. Calendar practice; notes of issue; default judgments. 238. Opinions; copies and publication. 239. Orders of appellate division on reversal. TITLE 28-ACTION TO RECOVER REAL PROPERTY 241. Verdict, report or decision to state nature of plaintiff's estate. TITLE 29-ACTION FOR DOWER Rule 243. Dower; payment of gross sum. TITLE 30-ACTION FOR PARTITION Rule 245. General requirements as to complaint. 246. Ascertainment by court of rights of parties before interlocutory judgment. 247. Reference on default or admission in case of infants, absentees or unknown parties. 248. Proof required on application by party for money paid into court. 249. Notice of stay of sale. 250. Referee to be selected by the court. 251. Proceedings on death of parties. TITLE 31-ACTION FOR FORECLOSURE Rule 255. Complaint to state whether action for mortgage debt has been brought. 256. Reference on default or admission. 257. Application for judgment on default or admission. 258. Proof of notice of pendency. 259. Contents of judgment of sale. 260. Notice of application for stay of sale. 261. Disposition of surplus. 262. Application for surplus moneys; reference. 263. Proceedings before referee. 264. When surplus to be paid into surrogate's court. 265. Referee to be selected by court. 266. Mortgage and assignments to be filed or recorded before conveyance. 267. Application to personal property liens. TITLE 32-ACTION TO RECOVER CHATTEL 271. Pleading wrongful taking or detention. 272. Answer that property was distrained doing damage. TITLE 33-MATRIMONIAL ACTIONS Rule 275. Proof required for judgment by default in actions for annulment of marriage. 276. Order allowing next friend to maintain action. 277. Proof required on default. 278. Information as to details of matrimonial actions. 279. Pleading and trial of issue of illegitimacy of children. 280. Complaint in action for separation. 281. Reference in matrimonial action. 282. Reference on default not permitted in action to annul a marriage or for divorce or separation. 283. Judgment declaring marriage void or granting a divorce not to be by default; judgment to be entered by court. TITLE 34-COMMITTEE OF INCOMPETENT PERSON Rule 285. Person; how designated in proceedings for appointment of committee. 286. Petition for committee; where to be presented. 287. Contents of petition. 288. Fees and expenses of inquisition in lunacy. TITLE 35—INFANTS; THEIR GUARDIANSHIP AND MAINTENANCE Rule 290. Petition for appointment. 291. Age of infant and amount of property to be ascertained by court. 292. Bond of general guardian. 293. Allowances for support of infants. 294. Application to compromise infants' claims. TITLE 36-DISPOSITION OF REAL PROPERTY OF INFANTS OR INCOMPETENTS Rule 295. Place of application. 297. Contents of petition. 298. Report of referee. 299. When proceeds of sale of real property of infant may be paid to general guardian. 300. Limitation on costs and fees in proceedings to dispose of real property of infant. COURTS; MISCELLANEOUS PROVISIONS Rule 1. Applications for admission as attorneys. 2. Courts may make further rules. 3. Provisions applicable to proceedings in surrogates' courts. 5. County judge; when time begins to run if disqualified. 8. Notice to present claims. 9. Term "proceeding" refers to special proceedings. EDITORIAL NOTES Civil Practice Act references: Courts, judges and referees, CPA §§ 62-81; Short title. construction and definitions, CPA §§ 1-9; General powers of courts of record to make new process and forms of proceedings, CPA § 63; Application of certain provisions to various courts, CPA § 1572. General Construction Law references: Meaning of terms, GCL §§ 10-58; References, titles and headnotes, GCL §§ 80-81; Effect of repeals, GCL §§ 90-96; Effect of consolidated laws, GCL § 100-101; Application of chapter, GCL § 110. Rule 1. Applications for admission as attorneys. Within the first ten days of each year the appellate division in each department shall name a committee of not less than three practicing lawyers for each judicial district within its department, which committee shall investigate the character and fitness of every applicant for admission to the bar. Each of such committees shall continue until its successor is appointed, and all applications for admission to the bar of persons residing within a district shall be referred to the committee for such district. Unless otherwise ordered by the court, no person shall be admitted to the bar without a certificate from the proper committee that it has carefully investigated the character and fitness of the applicant and that, in such respects, he is entitled to admission. Such committee shall have power to prescribe a form of written statement of the applicant's experience, from which the committee may pass on his moral and general fitness. If such applicant has before applied for admission to the bar in this or any other state, the applicant shall set forth the same with the particulars thereof. If his application has been rejected or disapproved by the committee on character of an appellate division, he shall obtain the consent of that appellate division to the renewal of his application in any other department. No person shall receive a certificate from any such committee who does not satisfy the committee that he believes in the form of, and is loyal to, the government of the United States. Each applicant for admission must present to the court where he shall apply for admission proof that he has complied with the rules of the court of appeals relating to admission to the bar. No person shall be admitted until he has proven that he is a citizen of the United States and an actual resident of the state of New York for six months prior to the making of the application. He shall specify the place of his residence by street and number, if such there be, and the length of time he has been such resident. The clerk of the appellate division must file in his office all the papers presented and acted on by the court on each application for admission. EDITORIAL NOTES Source: General Rule of Practice 1. For- Court Rules references: Court of Appeals rules for admission of attorneys and counselors at law, rr I-X; New York State Board of Law Examiners, rr I-VI; Appellate Division, First Department, r XII; Appellate Division, Second Department, r XXIV; Appellate Division, Third Department, r XV. Judiciary Law references: Admission to and removal from practice by appellat division, JL § 88. Star (*) means read Not into HEADLINE in capitals. The use of this simple device marks a distinct advance in the art of annotating statutes by avoiding the serious defect, heretofore found in all annotations |