16-16-11. (Text of section effective until August 1, 2019) Re-examination after three failures prohibited. An applicant who fails three times to pass the bar examination in any jurisdiction or combination of jurisdictions, may not be permitted to take another examination in South Dakota except by permission of the Supreme Court upon a showing that the reasons for previous failures no longer exist and there is a reasonable likelihood the applicant will pass the examination if allowed to take it.

(Text of section effective August 1, 2019) An applicant who fails three times to pass the bar examination in any jurisdiction or combination of jurisdictions will not be permitted to take another examination in South Dakota except by permission of the Supreme Court upon a showing that the reasons for previous failures no longer exist and there is a reasonable likelihood the applicant will pass the examination if allowed to take it.

Absent a showing of exceptional circumstances, an applicant who has failed four times to pass the bar examination in any jurisdiction or combination of jurisdictions will not be granted permission to sit for the bar examination under this rule unless the applicant has obtained a scaled score of at least 125 on a prior MBE examination.

Source: Supreme Court Rule 8, Order No. 1, 1957; SDC Supp 1960, § 32.1108; Supreme Court Rule Order No. 2, 1963; Supreme Court Order No. 1, 1969; SL 1998, ch 313; SL 2006, ch 335 (Supreme Court Rule 06-61), eff. July 1, 2006; SL 2014, ch 266 (Supreme Court Rule 14-07), eff. July 1, 2014; SL 2019, ch 229 (Supreme Court Rule 19-08), eff. Aug. 1, 2019.