§ 5 — Courts not to sit on Sunday except in special cases nor on Saturday in certain cases

New York § 5

• Jurisdiction: New York
• Law JUD: Judiciary
• Art. 2: General Provisions Relating to Courts and Judges

Text

§ 5. Courts not to sit on Sunday except in special cases nor on\nSaturday in certain cases. A court shall not be opened, or transact any\nbusiness on Sunday, nor shall a court transact any business on a\nSaturday in any case where such day is kept as a holy day by any party\nto the case, except to receive a verdict or discharge a jury and for the\nreceipt by the criminal court of the city of New York or a court of\nspecial sessions of a plea of guilty and the pronouncement of sentence\nthereon in any case in which such court has jurisdiction. An adjournment\nof a court on Saturday, unless made after a cause has been committed to\na jury, must be to some other day than Sunday. But this section does not\nprevent the exercise of the jurisdiction of a magistrate, where it is\nnecessary to preserve the peace, or, in a criminal case, to arrest,\ncommit or discharge a person charged with an offense, or the granting of\nan injunction order by a justice of the supreme court when in his\njudgment it is necessary to prevent irremediable injury or the service\nof a summons with or without a complaint if accompanied by an injunction\norder and an order of such justice permitting service on that day.\nFurthermore, no provision of this section shall be deemed to prohibit or\nprevent the conducting on Saturday and/or Sunday of any arbitration or\nmediation proceeding, provided all parties and the tribunal consent to\nsuch proceeding in writing. A writing purporting to provide consent of\nany party that is not prepared by the party shall only be sufficient to\nestablish consent upon a finding by the tribunal by clear and convincing\nevidence, that such party has affirmatively consented to such\nproceedings on a Saturday or Sunday as the case may be; such finding to\nbe made part of the record of any further proceedings.\n