PRACTICE IN REFERENCE TO PARTIES. ARTICLE PAGI Sec. II. Defendant's proceed. ings as to change..... 1458 III. Proceedings of a third person to come in... 1475 1508 X. PAYMENT INTO COURT..... 1577 II. CONSOLIDATION ....... 1519 XI. PREFERENCES ON THE CAL- 1568 XIII. SET OFF ON MOTION....... 1603 VII. ISSUES FOR TRIAL BY JURY. XIV. STAY OF PROCEEDINGS IN VIII. OFFER OF JUDGMENT...... 1569 ITDY 1568 I. STIPULATIONS, AND ADMIS. VIII. EXAMINATION OF WIT. SIONS ............... NOTICE TO PRODUCE.... 1614 IX. COMPELLING ATTENDANCE III. SUBVEY ................. 1 V. EXAMINATION OF PARTY EIGN COMMISSION ...... ARTICLJ PAQD IV. Case, and exceptions.. 1821 Sec. I. Bringing on the trial. 1781 II. Bringing on, and inci. III. Trial without aid of VIII. PROCEEDINGS IN PECULIAR IV. Trial of all the issues Sec. 1. Divorce ............ 1955 1893 III. Proceedings peculiar XI. FURTHER DIRECTIONS...... 2053 EXECUTING THE JUDGMENT. ABBOTT'S PRACTICE AND FORMS. COMMON FORMS. [To save space for a greater variety of Forms throughout the volume, I give here the formal parts of orders, and the affidavits, etc., appended to undertakings, both of which are familiar to every practitioner, so that they can hereafter be simply referred to. A more full treatment of those formal parts is to be found in Volume I.] FORM No. 815. Notice of motion - General Form.1 [Title of court and cause.] Please take notice, that [specify all the papers which the moving party desires to submit upon the motion, as:] upon the annexed affidavits of M. N. and O. P., verified the day of , 19 , [and if the pleadings or other proceedings filed or served are relied on, mention them, and upon the pleadings and proceedings in this action), the undersigned will move* this court, at a Special Term [in New York City, add, Part I] thereof, to be held [at chambers] at the County Court House [or, City Hall], in the of on the day of 19 , at o'clock in the noon [or, at the opening of the court) on said day or as soon thereafter as counsel can be heard t:[or if the motion is out of court, will move s before Hon. J. K., a justice — or, judge — of the court, at in on the day of , 19 , at o'clock 'in the noon) for an order [here state the relief sought, indicating ground therefor, unless other papers or the relief sufficiently disclose it; if irregularity is relied on, must specify it), or for such other or further relief as may be just (with costs of this motion). [Date.] [Signature and office address of] Attorney for [moving party). To [address], Attorney for [adverse party.] 1 See notes in Vol. I, pp. 166, 167, as to general requisites of a notice of motion. |