Orders of circuit judges on motions for new trials or for commissions

This series consists mostly of orders of circuit judges granting or denying motions for new trials after hearing arguments on bills of exceptions (in which a defendant alleged error in earlier proceedings). There are also a few orders granting motions that a commission issue to persons out of state to take testimony from material witnesses in a cause.

Each order bears the title of the cause, the date and substance of the decision, and the signature of the judge. Some decisions are accompained by affidavits of motions for a commission. Very few decisions cite statutes or cases. The orders of the circuit judges were filed by the clerks of the Supreme Court of Judicature. The general duties and powers of circuit judges were stated in legislation of 1829. Their responsibilities were stated to be the same as those of a justice of the Supreme Court in chambers.

Series J0128, General Term Minute Books (Utica), contains rules for new trials.

The Court of Appeals placed these records on deposit at the Historic Documents Collection, Queens College, from 1973-1982.

There are no restrictions regarding access to or use of the material.