New York Laws
Article 2 - General Provisions Relating to Courts and Judges
5 - Courts Not to Sit on Sunday Except in Special Cases nor on Saturday in Certain Cases.

ยง 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.

Structure New York Laws

New York Laws

JUD - Judiciary

Article 2 - General Provisions Relating to Courts and Judges

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; Power of Judge Out of Office.

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; Reason.

10 - Courtroom Designated the "Judge James F. Reitz Memorial Courtroom".

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) of Section

25-A - Retirement of Judicial Officers.

27 - Enacted Without Section Heading.

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 to Perform S

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; First Instance Payments by State; Provision for Prepayment; Payment by Localities; Transfer of Non-Judicial Personnel.

39-A - Mediation.

39-B - Special Provisions Relating to Court Facilities.