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COPYRIGHT, 1914

BY

WEST PUBLISHING COMPANY

(89 ATL.)

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AMENDMENTS TO RULES

RULES OF THE SUPERIOR COURT OF DELAWARE

Rule 1 of the Rules of the Superior Court is hereby stricken out, and the following substituted in lieu thereof.

RULE 1.

liam Blackstone, and the first eight chapters of "A Popular and Practical Introduction to Law Studies," by Samuel Warren.

county, and who either before or during his course of study at such college or university has passed an examination covering the subjects of study hereinabove mentioned.

Provided, however, that such preliminary examination shall not be required of an ap1. On the first day of the next September plicant for registration who, not more than term, in and for New Castle county, and on five years before making his application, has the first day of the next October term, in been graduated from a college or university and for Kent and Sussex counties respective-approved by the board of examiners of the ly, there shall be appointed in writing, with the concurrence of the Chancellor and the other law judges, a board of examiners in each county, consisting of five members of the bar, one of whom shall serve for the term of one year, one for the term of two years, one for the term of three years, one for the term of four years, and one for the term of five years; and annually thereafter at the same term in each county an appointment of one member of the board shall be made for five years to fill the vacancy caused by the expiration of a term. Any other vacancy in the board shall be filled by the court of the county for the residue of the term, with the concurrence of the Chancellor and other law judges.

Until the boards herein provided for are appointed the present boards are continued with full power to act under the rules hereby adopted.

2. No person shall be registered in any county as a student of law, except upon certificate of the board of examiners for that county to the effect that he is a resident of the state, of good character and that he has been found to be qualified to commence the study of the law; and for the purpose of testing his qualifications, he shall be examined upon the following subjects:

a. English composition and literature, not beyond what is required for admission to Delaware College as a student in the course leading to a degree of Bachelor of Arts.

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And provided also, that such applicant shall satisfy the board of examiners that he has read carefully and understandingly the introduction to "Commentaries on the Laws of England," by Sir William Blackstone, and the first eight chapters of "A Popular and Practical Introduction to Law Studies," by Samuel Warren.

Such certificates shall be indorsed with the approval of one of the Judges of the Superior Court and filed with the prothonotary of the county in which the student is registered and recorded in the continuance docket.

3. Upon application for the admission of a student to practice as an attorney in the law courts and a solicitor in the Court of Chancery of this state, it is required that he shall be a resident of this state, and of full age; that he shall have studied the principles of law and equity at least three years after the filing of said certificate, under the direction of a member of the bar of this state, who has been in practice in the courts of law and equity of this state for at least ten years theretofore; that he be a person of integrity and good character; and that he shall have been privately and fully examined upon the principles of law and equity by the board of examiners of the county wherein he is registered; and he shall be admitted only on the written report of said board, stating his qualifications and recommending his admission. All examinations by any such board of examiners may be oral, or in writing, or both in the discretion of the board. Applications for re-examination may be made six months after any failure to pass any preliminary or final examination.

4. Any such board shall have authority to establish such general rules as they may deem requisite in the premises, not inconsistent with the rules of this court. The action of a majority of the board shall in all cases be sufficient.

8. Attorneys may be admitted pro hac vice in the discretion of the trial court; but no attorney engaged in the practice of law in another state shall be admitted to practice in the courts of this state except pro hac vice.

5. Application to practice in the law courts | tion as they may deem expedient for the purof this state may be made, in open court, to pose aforesaid. the Superior Court of any county, and application to practice in the Court of Chancery may be made, in open court, to the Chancellor sitting in any county; and admission upon any such application shall entitle the person admitted to practice in the court, or courts, to which he is admitted, in any or all of the counties of this state.

6. A person who is of full age, of integrity and good character, who has been a resident of this state, and, with the approval of the board of examiners of the county in which he resides, a student in the office of a member of the bar of this state, of like experience and standing as aforesaid, for at least six months before making his application, who has pursued the study of the law in a law school approved by the said board of examiners, for at least three years and been regularly graduated therefrom, and who has been privately and fully examined by the said board of examiners, may in the discretion of the Superior Court and of the Court of Chancery, respectively, be admitted to practice in said courts, respectively, without preliminary examination and registration, on the written report of said board, stating his qualifications and recommending his admission.

7. Attorneys regularly admitted elsewhere, if they be residents of this state, of good character, and, for the period of three years, have been admitted and licensed to practice in the court of last resort of a state or territory of the United States, or in the District of Columbia, and whose principal business for three years, or more, immediately preceding their application for admission has been the practice of law in the courts of record of general jurisdiction in such state, territory, or district, upon the written report of the board of examiners of the county in which such applicants reside, stating their qualifications, and recommending their admission, may, in the discretion of the Superior Court and of the Court of Chancery, respectively be admitted to practice generally in said courts. Said boards are authorized to subject any applicant under this rule to such examina

9. Attorneys admitted to practice in the law courts of this state who have not been admitted to practice in the Court of Chancery, may be admitted solicitors in chancery in accordance with the rules heretofore in force.

10. Members of the bar of other states whose applications for admission to the bar of this state are pending at the adoption of these rules may be admitted in accordance with the rules heretofore in force.

11. Every attorney shall, on his admission, subscribe the roll and take the oath of office.

12. No attorney shall withdraw his name from the record in any suit, without leave of the court.

13. No attorney or other officer of this court shall be taken as special bail or surety in any case pending in, or appealed to this court, unless upon leave of the court, upon a written petition stating satisfactory reasons. 14. Counsel shall stand while examining witnesses in open court, or in addressing the court.

15. All agreements of attorneys touching business before the court shall be in writing, otherwise they will not be recognized by the court.

16. Objections to the admissibility of testimony shall be stated concisely and clearly within five minutes without argument, and thereafter neither side shall be allowed more than five minutes for the discussion of the same without special leave of the court. [Signed]

JAMES PENNEWILL, C. J.

Wm. H. BOYCE, J.
HENRY C. CONRAD, J.

VICTOR B. WOOLLEY, J.
HERBERT L. RICE, J.

Adopted April 7, 1914.

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