FEES AND COSTS. (208 P.) copy being furnished to opposing counsel. No. 21. Registration of Students in Law Unless by special order, no argument or brief Offices. At the time of entering upon a will be allowed in support of such a motion, course of reading in the office of any attorexcept such as may be incorporated therein. ney, as a preparation for admission to the The opposing party may at his option file a bar, the prospective applicant.shall file a reply to the motion within five days after re- declaration thereof with the clerk of the ceiving a copy thereof. Supreme Court, accompanied by such proofs of good moral character and preliminary general education as are required of an applicant for admission to the bar by the rules of the board of examiners. If such proofs are approved by the board, the clerk shall register him as a law student, upon the payment of a fee of five dollars, which shall be credited upon the twenty-five-dollar payment provided for in rule 25, whenever the student so registered shall make application for admission to the bar. No. 17. Executions. Executions on a judgment for costs having been returned unsatisfied, the clerk shall notify the sureties for costs, or their executors or administrators, of such return, and that, unless said costs shall be paid within ten days after receipt of said notice, a motion will be made for judgment against them. If good cause shall not be shown why the same ought not to be done, judgment will be entered against the sureties, or their executors or administrators, for the amount remaining unpaid for which the appellant may be liable; and execution may be issued on such judgment as in other cases. No. 18. Costs of Abstracts-When Claimed. A statement of costs claimed for printing abstracts and for procuring a stenographer's transcript of evidence should be filed with the clerk before the hearing, and must be filed not later than twenty days after the cause is decided, or the claim therefor will be deemed abandoned. The decision referred to is that upon the original submission, irrespective of whether a rehearing is granted. The opposing party may file an objection to such claim not later than ten days after a cost bill has been mailed to his attorney by the clerk. No. 19. Witnesses. In all original actions in this court, no fees or costs will be allowed or taxed for the mileage of any witness for any distance outside of the county where the court is held, unless the subpoena under which the witness attends has been issued upon the special order of the court or a justice thereof. ADMISSION OF ATTORNEYS. No. 20. Motions-Nonresidents-Fee. Any resident of Kansas who was admitted to practice in the district and inferior courts of this state prior to June 1, 1903, will be admitted to practice in this court, on motion, and any practicing attorney of any state or territory having professional business in this court may be admitted for the time and purpose of such business, upon taking the oath hereinafter set out, or such attorney may be heard by permission of the court without formal admission. All motions for the admission of attorneys must be presented in the morning hour, immediately after the first call of the docket. Each resident attorney, upon being admitted under this rule, shall pay three dollars to the clerk, who shall furnish him a certificate of admission and a printed copy of the rules. No. 22. Petition-Contents. In all cases other than those provided for in Rule 20, applications for admission to the bar shall be made by petition in duplicate, to this court. The petition shall be in the handwriting of the applicant, and shall so, state, and shall be verified by his affidavit, and shall state his full name, residence, and place and date of birth, and if foreign born the facts showing that he is a citizen of the United States, and the place of his residence and his occupation during the five years immediately preceding the application, and his general educational advantages, exclusive of legal study. If he has been admitted to practice in any other state or territory, his petition shall also state the time and place of such admission, the place or places where he has been engaged in practice, the time of practice in each place, and whether any proceedings have ever begun for his disbarment, and, if so, when, where, and with what result. If he is a graduate of a law school, his petition shall state the name and location of the school and the date of his graduation. If he has not been admitted to practice in the highest court of any other state or territory, and is not a graduate of a law school, his petition shall state where and for what time, with whom, or in what law school or under what supervision his legal studies have been pursued, and the works read in the course of such legal study. No. 23. Board of Examiners-Time, Place and Nature of the Examinations. Upon any such petitions being filed with the clerk of this court, he shall immediately send to the secretary of the state board of law examiners hereinafter provided for one of such duplicate petitions, and he shall also post the name and address of the applicant in a conspicuous place in his office for a period of thirty days, after which the petition shall be referred to five attorneys to be appointed by this court to investigate and report upon all such applications, who shall constitute and be known as, "The State Board of Law Examiners." Appointments of members of such board will be in writing and will spec No. 24. Temporary Permit to Practice. Any applicant for admission to the bar who is a graduate of an approved law school, or who has been admitted to practice in the highest court of any other state, may, pending the hearing of his application, also file with the clerk of this court a request for a temporary permit to practice law until the next examination to be held by the board of law examiners. If the court shall find that the applicant has had no opportunity to take an earlier examination, and that the circumstances are such as to justify it a temporary permit will be granted, expiring at the date of the next examination, effective upon his taking an oath to support the Constitution of the United States, and the Constitution of the state of Kansas, and to conform to the requirements of the attorney's oath prescribed by the rules of the court. ify the duration of the term of each ap-, any information known to him affecting such pointee. The board shall meet at Topeka on matters. the third Mondays of January and June in each year for the examination into the qualifications of applicants, and for other purposes connected therewith at such times as it may determine. Three members of the board shall constitute a quorum. Examinations relative to the learning of such applicants shall be oral or in writing, or partly oral and partly in writing, in the discretion of the board. They shall include an inquiry into the general learning of each applicant, as well as into his learning in the law, and the applicant shall be required to show educational attainments substantially equivalent to that acquired in a standard four-year course of an accredited high school. Applicants for the examinations of June, 1924, and January, 1925, shall show in addition the equivalent of one year's study in a general college course; and those for examinations subsequent thereto to two years' study in a general college course. No. 25. Organization of Board-RemuneraInvestigation into tion-Costs of Proceeding. At each Janthe other qualifications of applicants shall be conducted in such manner and be deter- uary meeting of the board of examiners a chairman and a secretary shall be elected. mined upon such proof as the board may require. As soon as practicable after the com- Subject to the approval of the court, the pletion of an examination the board shall board may make rules for the conduct of exfile a report with the clerk of the court rec-be published as a part of the rules of the amination, which, upon such approval, shall ommending the granting or the denial of the petition of the applicant. Whenever such report shall recommend the granting of the petition, unless some reason shall appear to the contrary, the court will make an order admitting the applicant to practice in all the courts of the state, which order shall be come effective upon his taking an oath in open court, the form of which shall be in substance as follows: You do solemnly swear that you will support and bear true allegiance to the Constitution of the United States and the Constitution of the state of Kansas; that you will neither delay nor deny any man his right through malice, for lucre, or from any unworthy desire; that you will not knowingly foster or promote, or give your assent to, any fraudulent, groundless or unjust suit; that you will neither do, nor consent to the doing of, any falsehood in court; and that you will discharge your duties as an attorney and counselor of the Supreme Court and all inferior courts of the state of Kansas with fidelity both to the court and to your cause, and to the best of your knowledge and ability. So help you God. Upon the making of such order the clerk shall issue to such applicant a certificate of his authority to practice law in this and all inferior courts of the state, upon his signing his name on the roll of attorneys of this court. Whenever the board shall recommend a denial of the petition, an order will be made to that effect. It shall be the duty of every member of the bar of this court to aid the court and the board of examiners in the investigation concerning the character and qualifications of all applicants for admission to practice, and to communicate to the board court. The members of said board of exami mers shall each be allowed as compensation Rule I. Conditions Precedent. No applicant will be accepted for examination in the law until he has satisfied the board (a) that he is a person of good moral character; (b) that he is possessed of the requisite general education. (208 P.) Rule II. Certificate of Character. Every | tory examination as to their learning in the applicant for examination for admission to law upon such of the following or other subthe bar will be required to produce and file jects as the board may require: Elementary with the secretary of the board a written law, Roman law, personal property, constitucertificate, signed by the judge of the dis- tional law, constitutional history, internatrict court and three members of the bar of tional law, conflict of laws, equity jurispruthe county where he resides or has lately dence, equity pleading and practice, conresided, or other evidence satisfactory to the tracts, evidence, real property, mortgages, board, showing that he is a person of good negotiable instruments, agency, sales, bailmoral character. ments, partnership, corporations, carriers, municipal corporations, torts, wills and administration, insurance, extraordinary legal remedies, provisional remedies under the Kansas statutes, domestic relations, civil procedure, criminal law, common-law pleading, federal practice, pleading and practice under the Kansas Code, legal ethics. Rule III. Proof of Education. A diploma showing that the applicant is a graduate of the State University or other accredited university, college or high school will be accepted as prima facie evidence that he possesses the educational qualifications which the diploma represents. If he has no diploma, a certificate of graduation with showing of loss Rule VII. Form and Time of Application. or destruction of diploma may be furnished Applications for examination and proof of in lieu thereof. If he has no diploma or cer-qualifications should be on the printed forms, tificate of graduation, affidavits of the appli- and filed with the secretary of the board at cant and his teacher or teachers, or other least three weeks before the stated meeting evidence may be offered showing that he pos- of the board at which the applicant expects sesses the prescribed educational qualifica- to present himself for examination. tions. Rule IV. Educational Requirements. Applicants must have an education substantially equivalent to that acquired in a standard four-year course of an accredited high school. Applicants for the examinations of June, | 1924, and January, 1925, shall show in addition the equivalent of one year's study, in a general college course; and those for examinations subsequent thereto of two years' study in a general college course. Rule V. Admission to Examination. Applicants of good moral character and the requisite general education, who have complied with rule 22 of the Supreme Court, and are citizens of the United States, having | read law for three years in the office of a regular practicing attorney, or being graduates of the law department of the University of Kansas, or "some other law school of equal requirements and reputation, will be admitted to examination in the law at such times as examinations shall be held by the board. If a student reading in a law office does not devote substantially all of his time to the study of law in the office, he may continue his study until he shall have made up the required time. But after July 1, 1926, all such students shall devote their undivided time and attention to such study. Rule VI. Subjects of Examination. Applicants will be required to pass a satisfac At Rule VIII. Method of Examination. every examination each applicant shall draw a number on a slip of paper, on which he shall write his name and deposit it in a sealed envelope with the secretary. When the applicant shall have finished any book he shall sign it with his number only, and mark it as directed by the board, and any other mark of identification placed upon the book shall disqualify it, and the board may refuse to read or consider it. Rule IX. Applicants Admitted in Other States. All applicants who are otherwise qualified, and who have been admitted to practice in the highest court in another jurisdiction and have practiced there continuously for a period of five years or more, and continued to practice there or elsewhere up to the time of making application here, shall constitute a class and be examined separately, in such manner as the board may determine. And all such applicants shall present themselves before the Board of Law Examiners at the preliminary meeting preceding the regular semiannual meeting at which they seek admission under this rule. Rule X. Correspondence Schools. Correspondence schools are not recognized by the board, and applicants for admission to the bar will receive no credit for studies in such institutions. Bradley Metcalf Co. v. McLaughlin (Okl.)1032 807 Brainard v. Cœur D'Alene Antimony Mining Co. (Idaho).. Breyfogle v. Tighe (Cal. App.) 855 .1008 525 Baker V. Superior Court, Sacramento Baldwin, Wasatch Coal Co. v. (Utah)...1109 698 93 Barnett v. Merchants' Life Ins. Co. of 891 Brinnon Logging Co. v. Carlsborg Mill & 1005 Timber Co. (Wash.). .1091 Brinton, Carssow v. (Idaho) 645 Brinton v. Johnson (Idaho) Brown, Dowell v. (Okl.).. Brown, Leiser v. (Wash.). Brown, McNac v. (Okl.).. Brown, Oklahoma Hospital v. (Okl.). Brush v. Pacific Electric R. Co. (Cal. App.) 997 Bryant v. Bingham Stage Line (Utah).. 541 Buckwalter v. Henrion (Kan.).. 3 1031 .... 1028 220 ...... 257 268 785 645 Barr, Stone v. (Kan.). 271 Budge v. Board of Com'rs of Lincoln 624 County (Wyo.)... 874 435 Buford, Shover v. (Colo.) 470 Barth, Simonsen v. (Mont.) 938 Bartlett v. Bell (Cal. App.). 701 Buhl Highway Dist., Municipal Securities 233 Bass v. Casper (Wyo.)... 439 Burcaw, Sullivan v. (Idaho). 841 Bassetti, People v. (Cal. App.) 696 Burdg v. Scott (Kan.). 668 Bassi v. Springfield Fire & Marine Ins. Bath, Oscar Heyman & Bro. v. (Cal. Bauer, Anderson v. (Wash.) 259 Bylund v. Crook (Utah)... 504 Baxter v. Cherryvale Oil Co. (Kan.) 568 Bean v. State (Okl. Cr. App.) Beem, Wheeler v. (Kan.). 626 Canady, Mapel v. (Cal.).. 280 Bell, Bartlett v. (Cal. App.) Bell v. Southern Pac. Co. (Cal.). 970 701 Cannon v. Goodyear Tire & Rubber Co. of California (Utah). 519 Benninghoff, Nolan v. (Mont.). 905 Canon City Industrial Stores Co. v. Mc Benson v. Kern County (Cal. App.). 141 Inerney (Colo.). 457 Berlin v. Wait (Colo.). 482 Canonica v. St. George (Mont.) Big Bend Drainage Dist., In re (Wyo.).. 872 Capistran, McNeff v. (Wash.). 41 872 128 Bingham Stage Line, Bryant v. (Utah)... 541 208 P. Carlsborg Mill & Timber Co., Brinnon Logging Co. v. (Wash.)... Carlsen v. Diehl (Cal. App.).. Carr v. State (Okl. Cr. App.). 851 Carssow v. Brinton (Idaho). (xiii) 3 150 275 .1031 ... |
