South Dakota
Common questions
Can a lawyer be admitted in South Dakota without taking the bar exam (admission on motion)?
Reciprocal states only. SD Admission Rules (primary, SUMMARY): 3 of last 5 yrs principal-occupation active practice; ABA-accredited law school; MPRE not required for motion applicants; fee $650
Does South Dakota accept a transferred Uniform Bar Exam score?
Rule text (SDCL 16-16-A): MBE scaled score of 135 or higher taken within 24 months of the South Dakota exam; the rule text does not mention UBE transfer. South Dakota adopts NextGen beginning July 2027 (court press release); a 620 minimum was not found in a primary source.
What are the pro hac vice requirements and fee in South Dakota state courts?
Local counsel: Yes: resident SD State Bar member actually employed, associated, and personally participates (VERBATIM) Fee: $200 (single source)
Admission on motion
- Requirements
- SD Admission Rules (primary, SUMMARY): 3 of last 5 yrs principal-occupation active practice; ABA-accredited law school; MPRE not required for motion applicants; fee $650
- Years of practice
- 3 of the last 5 years as principal occupation, actively, continuously, and lawfully engaged in practice of law
- Reciprocity
- Must practice in a state or states that allow SD attorneys substantially similar admission without exam
- Fee
- $650 - six hundred fifty dollars for admission without examination
- Rule
- SDCL ch. 16-16 / Rules and Regulations for Admission to Practice Law in SD (section not captured)
- UBE score transfer
- Rule text (SDCL 16-16-A): MBE scaled score of 135 or higher taken within 24 months of the South Dakota exam; the rule text does not mention UBE transfer. South Dakota adopts NextGen beginning July 2027 (court press release); a 620 minimum was not found in a primary source.
- UBE minimum
- 620 (NextGen UBE)
- MPRE
- 85 or higher, obtained not more than 28 months before taking South Dakota Bar Examination
- Other routes
- Military-spouse admission; admission for legal aid/public defender attorneys; admission for USD law school full-time administrator/faculty and state court administrator
- Foreign attorneys
- Yes - foreign law school graduate may apply for permission to take bar exam upon good cause if passed bar in another state and member in good standing
- Military spouse
- Yes - attorney licensed elsewhere shall be admitted if spouse is active-duty military transferred to South Dakota and other requirements met
2 not found in the pulled documents
- Reciprocity states
- Not in the pulled documents
- UBE score window
- Not in the pulled documents
State-court pro hac vice
- Rule
- SDCL 16-18-2
- Local counsel
- Yes: resident SD State Bar member actually employed, associated, and personally participates (VERBATIM)
- Limits
- Per particular cause; judge may examine/deny; submits to State Bar discipline
- Fee
- $200 (single source)
- Procedure
- Sworn motion: addresses, good standing certificate, no discipline or admission denial in prior 5 yrs, familiarity with SD rules, sales tax license or employer certification
Language from the source documents
12 quoted passages
On motion
c. provides documentary evidence showing that for three (3) of the last five (5) years immediately preceding the application for admission without examination, the applicant, as principal occupation, has been actively, continuously, and lawfully engaged in the practice of lawujsbarexam.sd.gov
UBE transfer
Accepts Legacy UBE Score -->No Accepts NextGen UBE Score -->Yes Minimum NextGen UBE Score 620ncbex.org
Other routes
16-16-12.3. Attorney licensing when spouse is a member of the armed forces.ujsbarexam.sd.gov
Pro hac vice rule
16-18-2 . Attorney licensing--Non-resident attorneys--"Pro hac vice" admission on motion--Requirements.sdlegislature.gov
Local counsel
provided a resident practicing attorney of this state, a member of the State Bar of South Dakota, is actually employed and associated and personally participates with such nonresident attorney in such a trial or hearing.sdlegislature.gov
Pro hac vice fee
The motion of the nonresident attorney seeking admission shall be accompanied by a fee of two hundred dollarssdlegislature.gov
On-motion fee
An applicant for admission without examination shall pay a fee of six hundred fifty dollars.ujsbarexam.sd.gov
Years of practice
for three (3) of the last five (5) years immediately preceding the application for admission without examination, the applicant, as principal occupation, has been actively, continuously, and lawfully engaged in the practice of lawujsbarexam.sd.gov
MPRE
The Board of Bar Examiners may accept an applicant’s MPRE score if the scaled score is 85 or higher and is obtained not more than twenty-eight months from the date the applicant takes the South Dakota Bar Examination.ujsbarexam.sd.gov
Foreign attorneys
An applicant for admission who is a graduate of a foreign law school, not accredited by the American Bar Association, may apply for permission to take the South Dakota bar examination upon good cause shown if the graduate has passed the bar examination in another state and is a member in good standing of the bar of that state.ujsbarexam.sd.gov
Military spouse
shall be admitted to practice in this state if: (1) His or her spouse is a member of the armed forces of the United States; (2) His or her spouse is the subject of a military transfer to South Dakota for active duty military service;ujsbarexam.sd.gov