ny constitution fresh squeezed 96
Provisions

VIII.6 proposed for 1916 • Legislature to pass civil practice act and rules.

REJECTED

The Text

To secure a more simple, speedy and effective administration of justice, it shall be the duty of the legislature to act with all convenient speed upon the report of the board of statutory consolidation transmitted to the legislature by the governor on the twenty-first day of April, one thousand nine hundred and fifteen, and to enact a brief and simple civil practice act and to adopt a separate body of civil practice rules for the regulation of procedure in the court of appeals, supreme court and county courts. The legislature may make the civil practice rules or any part thereof applicable to such other courts as it may provide. Thereafter, from time to time, at intervals of not less than five years, the legislature may appoint a commission to consider and report what changes, if any, there should be in the law and rules governing civil procedure. The legislature shall act on the report of each such commission by a single bill, and the legislature shall not otherwise, or at any other time, enact any law prescribing, regulating or changing the civil procedure in the court of appeals, supreme court or county courts, unless the judges or justices empowered to make and amend civil practice rules shall certify that legislation is necessary.
After the adoption of the civil practice rules by the legislature under the requirements of the first paragraph of this section, the power to alter and amend such rules and to make, alter and amend civil practice rules shall vest and remain in the courts of the state to be exercised by the judges of the court of appeals and the justices of the appellate divisions of the supreme court, or by such judges or justices of the court of appeals, the supreme court and the county courts as the legislature shall provide.


A Few Facts

• Has 304 words

• Was proposed by the Constitutional Convention

• Went to NYS voters as proposed amendment 4 of 1915

If New Yorkers voted to approve this provision, it would have:

• Joined the Constitution in 1916

• Been in Article VIII: Judiciary

• Been a new addition

Credits

We did lots of research to publish this data, and we're updating the records to let you know where we got it. Check back soon for our sources!