The Court may in its discretion grant one (1) or more adjournments of the trial of an action or the hearing of a motion or other proceeding for such periods as it may deem just, whether the defendant has appeared in said action or proceeding or not, unless the defendant is under arrest, in which case it shall not be adjourned to exceed forty-eight (48) hours, except upon the application of the defendant in accordance with the provisions of § 30-54 of this Part 2. Except that an adjournment for more than forty-eight (48) hours where the defendant is under arrest may be granted on application of the plaintiff by discharging the defendant from custody and the action may then proceed notwithstanding such discharge; and the defendant shall be subject to arrest on the execution, in the same manner as if he had not been so discharged. Where on the call of the calendar on any adjourned day a case is called by the Court and the parties thereto fail to appear or fail to answer the call thereof, such case may thereafter be restored to the calendar by a stipulation to that effect signed by all the parties of their attorneys.
The Court may impose upon the party applying
for an adjournment such conditions as to it may seem reasonable.
A subpoena requiring a witness to appear and
testify on the trial of an action, on the demand of either party,
may be issued out of this Court by the Clerk or any Justice thereof
or by an attorney, qualified to issue a summons under this Part 2,
of the party desiring to call the witness named in such subpoena and
when signed by such attorney the subpoena shall have the same force
and effect as if signed and issued by the Clerk or any Justice of
the Court. Such subpoena may be served at any place within the County
of Albany or a county adjoining thereto, including the County of Rensselaer.
The subpoena may require the witness, except as otherwise expressly
prescribed by law, to bring with him any book or paper, relating to
the merits of the action.
A subpoena may be served by any person over
the age of eighteen (18) years, and must be served by delivering a
copy thereof to the witness personally, and by paying or tendering
to him his lawful fee of fifty cents ($0.50) for one (1) day's attendance
as a witness and also paying to him, if he resides more than three
(3) miles from the place of attendance, eight cents ($0.08) for each
mile, going to the place of attendance.
Where it is made to appear, to the satisfaction
of the Court, by affidavit or other proof, that a person duly subpoenaed
to attend before it in an action has refused or neglected to attend
as a witness in obedience to the subpoena, and no just cause for the
neglect or refusal is shown to exist, and the person is not privileged
from attendance under any statute of the state, and the party, in
whose behalf the witness was subpoenaed, or his attorney, makes oath
that the testimony of the witness is material, the Court must issue
a warrant of attachment, directed generally to any Marshal, for the
purpose of compelling the attendance of the witness.
Such a warrant of attachment must be executed
in the same manner as an order of arrest. The fees of the Marshal
for serving it must be paid by the person against whom it is issued,
unless he shows a reasonable excuse to the satisfaction of the Court
for his omission to attend, in which case, the party procuring the
warrant must pay for them, and if he recovers costs, the amount thereof
must be allowed to him as part of his costs.
A person subpoenaed as prescribed in this Part 2 who neglects or refuses to obey the subpoena, or to testify, is also liable to the party in whose behalf he was subpoenaed for all damages which the party sustains by reason of his neglect or refusal, and fifty dollars ($50.) in addition thereto, and is subject to any fine or punishment which may be imposed in accordance with the provision of § 30-19 of this Part 2.
