N.Y. Judiciary Law Section 5
Courts not to sit on Sunday except in special cases nor on Saturday in certain cases

A court shall not be opened, or transact any business on Sunday, nor shall a court transact any business on a Saturday in any case where such day is kept as a holy day by any party to the case, except to receive a verdict or discharge a jury and for the receipt by the criminal court of the city of New York or a court of special sessions of a plea of guilty and the pronouncement of sentence thereon in any case in which such court has jurisdiction. An adjournment of a court on Saturday, unless made after a cause has been committed to a jury, must be to some other day than Sunday. But this section does not prevent the exercise of the jurisdiction of a magistrate, where it is necessary to preserve the peace, or, in a criminal case, to arrest, commit or discharge a person charged with an offense, or the granting of an injunction order by a justice of the supreme court when in his judgment it is necessary to prevent irremediable injury or the service of a summons with or without a complaint if accompanied by an injunction order and an order of such justice permitting service on that day. Furthermore, no provision of this section shall be deemed to prohibit or prevent the conducting on Saturday and/or Sunday of any arbitration or mediation proceeding, provided all parties and the tribunal consent to such proceeding in writing. A writing purporting to provide consent of any party that is not prepared by the party shall only be sufficient to establish consent upon a finding by the tribunal by clear and convincing evidence, that such party has affirmatively consented to such proceedings on a Saturday or Sunday as the case may be; such finding to be made part of the record of any further proceedings.

Source: Section 5 — Courts not to sit on Sunday except in special cases nor on Saturday in certain cases, https://www.­nysenate.­gov/legislation/laws/JUD/5 (updated Aug. 25, 2017; accessed Oct. 26, 2024).

2
Courts of record 2‑A
Jurisdiction and powers of courts continued 2‑B
General powers of courts of record 3
Use of term “court” prohibited 4
Sittings of courts to be public 4‑A
Certain powers of the courts regarding civil arrests 5
Courts not to sit on Sunday except in special cases nor on Saturday in certain cases 6
Adjournment of term of court of record to future day 7
Adjournment of term on non-appearance of judge 7‑A
Vacancies or changes in judges 7‑B
Continuance of out of court proceedings before judges of same court 7‑C
Continuance of special proceeding before another officer 8
Emergency relocations of court terms 9
Recusal 10
Courtroom designated the "Judge James F 13
Court or judge may direct the filing of original stenographic minutes with clerk 13‑A
Power to remove certain officers and to appoint successors 13‑B
Oath of referee, receiver, commissioner or appraiser 14
Disqualification of judge by reason of interest or consanguinity 15
Judge of court of record not disqualified because a resident or a taxpayer 16
Judge prohibited from practicing law in his court 17
Judge prohibited from practicing in cause which has been before him 18
Judge prohibited from taking fees for advice in matters before him 19
Judge must not be interested in costs 20
Ex officio judge must not be interested in costs or compensation of attorneys or counsellors in his court 21
Judge other than of court of appeals or appellate division not to decide question argued during his absence 22
Certificates as to year of birth to be filed by certain judicial officers 23
Age limitation on term of judicial office 24
Compensation of judges after removal 25
Retirement of state-paid full-time judges or justices of the unified court system and housing judges appointed pursuant to subdivision (f... 25‑A
Retirement of judicial officers 27
Except as provided in subdivision (b) of this section, judgments and accounts must be computed in dollars and cents 28
Amendment of minutes of stenographer 29
Seal of court of record 30
Lost or destroyed seal must be replaced 30‑A
Seal of Kings county and of the county clerk, the supreme court and the county court in said county 30‑B
Seal of New York county and of the county clerk and the supreme court 30‑C
Seal of Franklin county and of the county clerk and the supreme court 30‑D
Seal of Albany county and of the county clerk and the supreme court 30‑E
Seal of Livingston county and of the county clerk and the supreme court 30‑F
Seal of Cortland county and of the county clerk, the supreme court and the county court in said county 31
Seals and records of former superior city courts 33
Expense of certain criminal prosecutions to be borne by the state 34
Apportionment of expenses related to salaries or compensation paid by the state in the first instance 35
Assignment of counsel to indigent persons and appointment of physicians in certain proceedings 35‑A
Statements to be filed by judges or justices fixing or approving fees, commissions, or other compensation for persons appointed by courts... 35‑B
Assignment of counsel and related services in criminal actions in which a death sentence may be imposed 36
Personal assistants to judges and justices 37
Salary plan for non-judicial employees 39
Unified court budget 39‑A
Mediation 39‑B
Special provisions relating to court facilities
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Aug. 25, 2017

§ 5’s source at nysenate​.gov

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