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SUB-ANALYSIS

§ 298. Testimony to be taken by stipulation.
299. Compelling attendance of witnesses.

300. Where witness may be compelled to attend.

301. Before whom testimony may be taken.

302. Manner of taking testimony.

303. When testimony by deposition to be read in evidence.

304. Conditions under which deposition may be read in evidence.
305. Effect of deposition.

306. Physical examination.

307. Testimony by deposition to be used on motion.

308. Depositions in special proceedings.

309. Letters rogatory.

§§ 298-349

ART. 30-DEPOSITIONS TAKEN WITHIN THE STATE FOR USE WITHOUT THE STATE

§ 310. In what cases deposition may be taken.

311. Subpoena to witness.

312. Taking and return of deposition.

ART. 31-PERPETUATION OF TESTIMONY IN REAL PROPERTY ACTIONS

§ 313. Testimony perpetuated in actions or proceedings involving title to real

property.

314. Documentary evidence in connection with testimony perpetuated.

315. Mode of introducing testimony perpetuated.

316. Application to take deposition and to perpetuate testimony.

317. Notice of application and appointment of referee.

318. Order to examine witness without the state.

319. Proceedings before referee.

320. Examination; deposition to be signed and certified.

321. Depositions as evidence.

ART 32-ADMISSIONS, DISCOVERY AND INSPECTION

§ 322. Admission of genuineness of paper.

323. Admission of facts.

324. Power of court to require discovery.

325. Penalty for disobedience.

326. Effect of books or documents produced under order for discovery.
327. Discovery or inspection on notice.

328. Disclosure by party in aid of discovery.

ART. 33-EVIDENCE

Evidence Provisions Generally

§ 329. Form of certificate.

330. Certificate attested by seal.

331. Proof of written instruments where subscribing witnesses.
332. Proof of instrument by comparison of handwriting.

333. Proof of lost negotiable paper.

334. Proof of age of child.

335. Proof of ownership of unoccupied lands and timber thereon.

336. Proof of payments by municipal corporation or officer thereof.
337. Proof of malice in action for libel.

338. Proving mitigating circumstances in action for libel or slander.
339. Proving mitigating circumstances in action for wrong.

340. Admission by member of corporation.

341. Presumption of death in certain cases.

342. Seal on executory instrument as evidence of consideration.

343. Testimony of party may be rebutted.

344. Proof by common law proof instead of documentary evidence.
345. Ancillary action for discovery abolished.

Competency of Witnesses

§ 346. Exclusion of witness by reason of interest.

347. Personal transaction or communication between witness and decedent

or lunatic.

348. Deceased, insane or non-resident witness.

349. Testimony of husband and wife in action or proceeding.

§ 350. Competency of testimony of person convicted of crime.
351. Clergymen not to disclose confessions.

352. Physicians and nurses not to disclose professional information.
353. Attorneys and their employees not to disclose communications.
354. Application of sections relating to confidential communications.
355. Personal privilege of witness.

356. Testimony of surveyor and proof of standard of measurement.

Oaths and Affirmations

§ 357. Officers before whom oaths and affidavits taken. 358. Oaths and affidavits by officers and committees. 359. Oaths and affidavits taken without the state.

360. Mode of swearing witness.

361. Administration oath without the gospels.
362. Affirmation in place of oath.

363. Other modes of swearing.

364. Swearing persons not Christians.

365. Court may examine witness before swearing.

Substitutes for Oral Testimony

§ 366. Certificate of search for paper as evidence.

367. Certificate of officer as evidence of facts.

368. Presumption of presentment and protest of bills and notes.

369. Proof of presentment and protest of foreign bills.

370. Affidavit of publication in newspaper.

371. Affidavit of service or posting notice.

372. Marriage certificate as evidence.

373. Book of foreign corporation as evidence.

374. Copy of books of foreign corporation.

375. Evidence of weather conditions.

376. Proof of lost execution or writ after sheriff's sale of real property. 377. Designation of person upon whom to make service, as evidence. 378. Recital in record of meeting as evidence.

379. Recitals as to heirship in conveyance.

Statutes, Records and Documents Within State

§ 380. Proof of statutes and resolutions.

381. Proof of colonial statutes.

382. Proof of public records and papers.

383. Proof of papers and records in town clerk's office.

384. Conveyance and record as evidence.

385. Searches by title insurance and abstract companies.

386. Acknowledged, proved or certified instrument.

387. Proof of proceedings before justice of the peace.

388. Proof of municipal records.

389. Proof of public records in New York county.

390. Proof of books and records in state comptroller's office.

Statutes, Records and Documents Without State

§ 391. Proof of statutes, decrees and decisions of another state or country.

392. Conveyance of land without the state as evidence.

393. Exemplification of record of conveyance of land without the state.

394. Proof of proceedings before justice of adjoining state.

395. Proof of foreign court records and proceedings.

396. Testimony of witness as proof of foreign court record.

397. Effect of authenticated foreign court record.

398. Proof of foreign records and documents.

Records and Documents in United States Courts and Departments

§ 399. Copies of records of United States courts.

400. Records and documents in United States departments.

401. Certificate of population by director of census.

402. Record of conveyance or mortgage of vessels as evidence.

Subpoenas

§ 403. Issuance of subpoena.

404. Service of subpoena issued out of a court.

§ 405. Fenalty for disobedience to subpoena or order.

406. Subpoena issued by judge, arbitrator, referee or other persons, in cer...

tain cases.

407. Qualification of preceding sections.

408. Discharge of witness from arrest.

409. Attendance of person when required by judgment.
410. Production of official records upon trial or hearing.
411. Production of book of account upon trial or hearing.
412. Production of hospital records upon trial or hearing.
413. Production of corporation book or paper on trial.
414. Personal attendance pursuant to subpœna duces tecum.
Order to Bring up Prisoner as Witness

§ 415. Order to bring up prisoner as witness.

416. Order to produce prisoner before officer or body.
41%. Order to produce prisoner in certain inferior courts.
418. Order when prisoner is sentenced to death or for felony.
419. Remanding of prisoner after testifying.

ART. 34-TRIAL

420. Penalty for failure to obey order to produce prisoner.

Trial Generally

8 421. Issues defined and enumerated.

422. When issue of fact arises.

423. Trial of issues.

424. Counterclaim deemed complaint for trial purposes.
425. Issues of fact triable by a jury.

426. Trial by jury; how waived.

427. Issues triable by court.

428. If trial by jury waived, action tried by court.

429. Jury trial of specific questions of fact; when of right.

430. Jury trial of specific questions of fact; when discretionary.

431. Trial of remaining issues after reference.

432. Terms at which issues tried.

433. Bringing issue to trial.

434. Variance between pleading and proof.

435. Decision or verdict for increased damages.

436. Trial may be continued beyond term.

437. Trial elsewhere than at court house.

438. Trial of action at chambers after adjournment of special term.
439. Requests to find.

440. Form of decision.

441. Decision where nonsuit granted.

442. Time within which decision must be filed.

443. Order of disposition of issues at the trial.

444. Exception to ruling on question of law.

445. Exceptions after close of trial by court or referee.

446. Exceptions during the trial.

447. Exception after trial by court or referee and interlocutory judgment.

Trial by Jury

§ 448. Persons who constitute the jury.

449. Special jury.

450. Challenges generally.

451. Peremptory challenges.

452. Challenge to the favor.

453. Challenge to panel or array.

454. Challenge where municipality is party.

455. Disqualification of juror for relationship.

456. Exceptions and challenges of talesmen.
457. Nonsuit after jury retires.

457-a. Direction of a verdict.

458. General and special verdict defined.

459. General and special verdict and special findings.

460. Verdict in action to recover money.

461. Verdict subject to opinion of court.

462. Presence of plaintiff not necessary when verdict delivered.
463. Disagreement by jury.

Trial by Referee

§ 464. Reference by consent of parties.

465. Reference in discretion of court.
466. Compulsory reference.

467. Compulsory reference upon questions incidentally arising.
468. Proceedings where several referees appointed.

469. General powers of a referee.

470. Referee's report.

471. Requests to referee to find.

ART. 35-JUDGMENT

Judgment Generally

§ 472. Definition of judgment.

473. Declaratory judgments.

474. Judgment may be for or against any of the parties.
475. Judgment in action against defendants severally liable.
476. Judgment on pleadings or admission of part of cause.
477. Judgment when counterclaim established.

478. Judgment after death of party.

479. Demand as affecting amount of judgment.

480. Interest on sum awarded to be included in recovery.

481. Judgment to bear interest.

482. Effect of judgment dismissing complaint.

483. Judgment where personal service is made without the state.
484. Limitation of action upon judgment.

Judgment by Default

§ 485. Entry of default judgment by the clerk.

486. Proof to be filed with clerk by plaintiff upon default.

487. Determination by clerk of amount of default judgment.

488. Judgment for excess where counterclaim interposed.

489. Application to court for judgment by default.

490. Rendering default judgment by court.

491. Application where one or more defendants have appeared.

492. Judgment by default against infant defendant.

493. Judgment by default where service without state or not personal. 494. Judgment upon failure to reply.

Judgment After Trial

§ 495. Judgment after verdict.

Judgment After Appeal

§ 496. Final judgment after affirmance by appellate division.

497. Mode of enforcing affirmed or modified judgment.

498. Docket of reversed or modified judgment.

499. Judgment after motion for new trial, heard by appellate division.

Entry and Docket of Judgment

$ 500. Entry of judgment in county where real property situated.
501. County clerks to docket judgments.

502. Transcripts and docketing judgments thereon.

503. Judgment-roll must be filed before enforcement.

Enforcement of Judgment

§ 504. Enforcement of judgment by execution.

505. Enforcement of judgment without execution.

506. Place and mode of sale of real property.

507. Security upon sale by referee.

508. Conveyance to state name of party.

Lien of Judgment

8509. Judgment not lien until docketed.

510. Lien of judgment upon real property.

511. Amendment of judgment to designate judgment debtor by name. 512. Levy upon real property.

513. Exemption from levy of land under contract.

§ 514. Lien of judgment subordinate to purchase-money mortgages.
515. Extension of lien in certain cases.

516. Suspension of lien by order on appeal.

517. Time from which order suspends lien on appeal.

518. Suspension of lien in another county.

519. Restoration of lien after appeal.

520. Judgment against nonresident enforceable only against attached property.

Setting Aside Judgment

§ 521. Setting aside judgment for irregularity.

522. Setting aside judgment for error in fact.

523. Setting aside judgment after death of party.

524. Setting aside judgment by person not a party.

525. Motion to set aside where several persons entitled.

526. Notice of motion to set aside judgment for error in fact.

527. Notice of motion; how given.

528. Time for motion to set aside judgment.
529. Restitution after judgment set aside.

Satisfaction, Assignment and Cancellation

§ 530. Satisfaction and cancellation of judgment.

531. Satisfaction of judgment after composition by joint debtor.

532. Satisfaction-piece given on payment of judgment.

533. Acknowledgment of assignment of judgment.

534. Notice filed by certain parties has effect of assignment.

535. Return of execution unsatisfied.

536. Return of satisfied execution and filing of same.

537. Cancellation of docket on clerk's certificate.

538. Power of courts respecting docket.

539. Entry of assignment of judgment.

Judgment by Confession

§ 540. Judgment by confession without action.

541. Statement by defendant.

542. Confession by joint debtors.

543. Entry of judgment on filing statement.

544. Judgment-roll; docketing and enforcing the judgment.
545. Execution where the judgment is not all due.

Judgment on Submitted Facts

§ 546. Submission of controversy upon agreed facts.
547. Filing papers on submission of controversy.
548. Proceedings subsequent to submission.

ART. 36-MOTIONS FOR NEW TRIAL

§ 549. Motion for new trial upon judge's minutes.

550. Motion in appellate court for new trial where trial was by jury. 551. Motion in appellate court for new trial where interlocutory judg

ment is directed.

552. Motion for new trial to be made at special term.

553. Review where specific questions are tried by jury.

554. Motion for new trial after judgment; restitution.

555. When exception not to prejudice motion for new trial.

556. Motion for new hearing after trial of specific questions by a referee.

ART. 37-APPEALS; GENERAL PROVISIONS

§ 557. Right of appeal generally.

558. Appeal by party prosecuting or defending as a poor person.
559. Entry of order of judge out of court pre-requisite to appeal.

560. When no appeal lies from judgment of reversal.

561. Parties to appeal; how designated; title of cause.

562. Notice of appeal.

563. Service of notice of appeal, if attorney or party not found.

564. Deposit in lieu of undertaking.

565. Undertakings may be in one instrument; form and service thereof.

566. Approval of undertaking unnecessary; exception to sureties.

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