Page images
PDF
EPUB

Citizenship-Age-Residence-Character.

The applicant for admission in this state must be a citizen of the United States, or a resident of this state who has bona fide declared his intention of becoming a citizen, of full age and of good moral character, which last must be evidenced by testimonials satisfactory to the court. If such testimonials are furnished by others than attorneys of this state, they must be in the form of affidavits.

Application-When to be Filed-Form and Contents

A verified petition must be filed with the clerk of the Supreme Court at Helena, Mont., at least ten days prior to the date of the examination, and must be accompanied by the various proofs required by the rules as shown in the paragraphs above and below.

Term of Study.

Applicant shall file with his petition a certificate of two reputable lawyers of this state (or the affidavits of two non-resident attorneys) that he has been engaged in the study of law for two successive years prior to the time of making his application.

Examination - Regulations - Scope - Fee

· Time and Place of

Holding. Examinations are held in the Supreme Court rooms on the first Wednesday after the first Tuesday of June and December. Such examinations are principally in writing, in open court, and are strict both as to elementary principles and the Codes and practice of the state. The admission fee is $5.

Admission of Attorneys from Other Jurisdictions.

A citizen of the United States, or a resident of this state who has bona fide declared his intention of becoming a citi

zen, who has been admitted to practice before the highest tribunal of another state or of a foreign country where the common law exists as a basis, may be admitted here, with or without examination, in the discretion of the court, upon production of his license, together with certificates showing good moral character. A candidate for admission under this rule may make application at any time by filing a verified petition with the clerk, showing where, with whom, and for what period he studied law, where he was first admitted to practice, where and how long he has practiced, his standing in each jurisdiction, and the certificate of the presiding judge of the highest trial court in which he last practiced, showing petitioner's good moral character. If the applicant has not practiced for a considerable period or at all, or if the court is of the opinion that he should be required to pass an examination, his name will be entered on the list of candidates for the next ensuing examination. All papers are delivered by the clerk to the Attorney General, who, if satisfied, after an examination of the papers, that applicant is entitled to admission, will notify him when the court will hear the application. Applications under this rule are made upon motion of the Attorney General or one of his assistants, and applicant is required to be personally present in court when the motion is made.

Admission on Diploma.

A diploma from the Department of Law of the University of Montana at Missoula, or evidence of having completed the three years' law course of said department, shall entitle the holder to a license to practice law in all the courts of this state, subject to the right of the Chief Justice of the Supreme Court to order an examination as in ordinary cases of applicants without such diploma or evidence.

Sex No Bar to Admission.

The foregoing rules apply to women as well as to men.

Source of Rules.

Rev. Codes 1907, §§ 6381-6385; Laws 1911, c. 13; Laws 1915, c. 18; Sup. Ct. Rules in effect Nov. 28, 1911 (123 Pac. xiv).

MONTANA DECISIONS

1868 to 1917.

A complete set of Montana Reports (down to 1917) consists of 52 vols. The Pacific Reporter, 160 vols., contains all decisions subsequent to vol. 3 Montana, and all decisions for the last 34 years of California, Colorado, Idaho, Kansas, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming, and all decisions of Arizona and Oklahoma. The tables of crosscitations furnished with the Pacific make it a simple matter to find the cases, even if cited by the State Report page and volOwing to the limited number of local precedents, it is necessary to go outside of Montana for case-law authorities, and the Pacific Reporter is the medium naturally chosen. Indeed, the set is usually considered indispensable in all the Pacific Coast states. This is especially true as to Montana, for the reason that the Montana Code was adapted from that of California, and the courts follow the California decisions closely. The Pacific contains about 70 per cent. of all the California decisions, including upwards of 1,800 that are not published in the State Reports. Write for price and full information.

WEST PUBLISHING Co., St. Paul, Minn.

NEBRASKA

Citizenship-Age-Residence-Character.

When applying for admission to the bar, the applicant must show that he is a citizen of the United States, a resident of Nebraska, 21 years of age at the time of application, and of good moral character.

Application-When to be Filed-Form and Contents-Fee.

At least four weeks prior to the day set for the examinations, the applicant shall file with the clerk of the Supreme Court at Lincoln, Neb., a written request in his own handwriting, subscribed by himself, together with his personal affidavit as to the qualifications mentioned above and below. These proofs shall state, too, the time and place of preparatory study, or admission and period of practice in courts of record in another jurisdiction; and shall contain the affidavit of two reputable citizens of the applicant's own community vouching for his morality and reputation in that community, and the names and addresses of three persons, other than those certifying for him, of whom further inquiry as to his character and qualifications may be made by the board of examiners. At the time of filing application, the petitioner shall deposit with the clerk the sum of $5.

General Education-Term of Study.

Before attempting the examination, applicant must prove, either by school, college or teacher's certificate or diploma or in examination before the bar commission, that he has had preliminary education equivalent to that involved in the completion of the first three years of a high school course accredited by the state department of public instruction. He shall also satisfy the examiners by his own affidavit, and by the affidavit

or certificate of his preceptor or preceptors, that he has, for a period of three years, diligently pursued his legal studies in a reputable law school or in the office of a practicing attorney, or partly in one and partly in the other. At least one year of such office study shall have been passed in a law office of this state.

Examination-Regulations-Scope-Time of Holding.

Examinations will be held on the second Tuesday of June and the third Tuesday of November of each year and at such other times as the commission may deem advisable. Applicant must pass a satisfactory examination upon the principles of the common law, equity, criminal law, and the statutes and practice of the state. The method of conducting the examination is left to the discretion of the commission, consisting of five attorneys appointed by the Supreme Court each year. As soon as practicable after the conclusion of the examination, the board shall report to the court the results, and the names of the persons entitled to admission as decided by a majority of the board, which persons shall thereupon be admitted to practice upon taking the oath prescribed by law. If the applicant is disqualified, he shall not be admitted to examination for one year from the time of such failure, and until he shall have filed a certificate that he has studied law for one year since his rejection.

Admission of Attorneys from Other Jurisdictions.

Any practicing attorney becoming a resident of this state, who has been admitted in a court of record of another state or territory, must make his application as required by these rules. and present proof by certificate that he is a licensed practitioner in a court of record of another state where the requirements for admission when he was admitted were equal to those now prescribed in this state, or, that he has practiced

« PreviousContinue »