(a) Purpose. This rule is adopted to support clinical instruction and
mentoring in litigation practice. It authorizes participation by law students in this
court on a case-by-case basis.
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D.Mont L.R. 83.6 Appointment of Counsel
(b) Participation.
(1) Authorization. After the required certifications are filed in the record
of a case, a student may participate in preparing written submissions
to the court in that case and make presentations for the client in open
court. The student may not sign documents and may not be registered
in the CM/ECF system.
(2) Presiding Judge. At any time, the presiding judge may limit,
condition, or disallow a student’s participation.
(3) Withdrawal or Termination of Required Certification. Any person
required to provide certification or consent may withdraw it at any
time by written notice to the clerk of court. All required certifications
will terminate upon announcement of the results of the first bar exam
taken by the student.
(c) Student Eligibility. To participate under this rule, a student must:
(1) (A) be enrolled at an ABA-accredited law school and complete at
least two-thirds of the credits required to graduate; or
(B) be a recent graduate who has not yet taken a bar exam or who is
awaiting the results;
(2) be familiar with the Federal Rules of Civil Procedure, of Criminal
Procedure, and of Evidence, the Model Rules of Professional Conduct,
the Montana Rules of Professional Conduct, and the Local Rules;
(3) provide personal certification using Form K in the Appendix; and
(4) obtain certification from the dean of the student’s law school, using
Form L, and from a supervising attorney, using Form M.
(d) Supervising Attorney. A supervising attorney must:
(1) explain to the client the terms of the student’s participation in each
case and obtain the client’s written consent to the student’s
participation, using Form J;
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D.Mont L.R. 83.7 Student Participation
(A) Where the client is the United States, the consent of the United
States Attorney for the District of Montana is required;
(B) Where the client is the State of Montana, the consent of the
Attorney General is required;
(2) file Form M in the record of the case, attaching Forms J, K, and L;
(3) assist and counsel the student and accept full personal and
professional responsibility for all work performed by the student;
(4) ensure that at least one supervising attorney:
(A) is present in person throughout the student’s presentations in
open court;
(B) signs all written submissions in which the student participates
and briefly notes the student’s participation; and
(5) at the student’s first presentation in open court, introduce the student
to the presiding judge.
