Also known as:go through the bar · goes through the bar · went through the bar · going thru the bar · passing the bar · admitted to the bar · bar admission
Written by attorneys · grounded in primary & secondary sources — see below
A historical daily court procedure in which the court asked all barristers present whether they had motions to present. The practice followed an order of seniority except on the final day of a term when junior barristers spoke first. It ended in 1873.
Sources & Authorities· 6 primary sources
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Cases
Model Codes
Dictionaries
How it applies
Common Examples
6
Senior Barrister Presents Motion
In an 1860 English courtroom Gary Goldman rose when the judge reached the senior barristers during the daily call. He moved to continue a pending case. The court granted the request after confirming no junior barristers had earlier motions.
Nonresident Seeks Admission
Gina Griffin an out-of-state lawyer stood when the court reached her during going through the bar. She sought leave to appear pro hac vice. The court denied the request on residency grounds later held unconstitutional.
Reciprocal Admission Motion
Genevieve Gardner a lawyer licensed elsewhere moved for reciprocal admission when her turn arrived in the daily call. The court refused on residency grounds. The denial was later invalidated under the Privileges and Immunities Clause.
Gavin Grant a compliance officer rose during going through the bar to present a letter supporting an applicant. The court accepted the submission after confirming its accuracy. The letter later became the subject of a Rule 8.1 inquiry.
Oath Requirement Challenge
Giselle Guerrero an applicant stood when called and refused the required constitutional oath. The court denied admission. The denial was upheld because the oath was limited to support for lawful government.
Prior Statement Offered
Gregory Gates a witness rose during going through the bar to offer an earlier statement by an unavailable declarant. The court admitted the statement after finding the defendant had forfeited confrontation rights by wrongdoing.
Common questions
Frequently Asked
2
What was the order of speaking during going through the bar?+
Seniority governed the order except on the last day of a term when juniors spoke first. The practice ensured every barrister had an opportunity to present motions each day.
When did going through the bar end?+
The procedure ended in 1873. Courts replaced it with modern motion practice that no longer required a daily roll call of all barristers.
541 U.S. 36 (2004)Evidence
…not only about the desirability of reliable evidence, but about how reliability can best be determined. The Clause does not bar admission of a statement so long as the declarant is unavailable and the statement bears indicia of reliability. Where testimonial statements are involved, the Framers clearly intended to exclude…