SDCL § 16-16-11: Re-examination after three failures prohibited.

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.