The South Dakota Supreme Court Rule 16-18-2 governs South Dakota pro hac vice admission for attorneys that are seeking admission. An attorney admitted under pro hac vice can practice in the state before any local board, state court, or governmental admin agency in the state. They will also be admitted if there is a transfer of venue or an appeal. The court can revoke their South Dakota pro hac vice admission at any time if it has jurisdiction.
Eligibility under Pro Hac Vice
Attorneys must be:
- In good standing in all other jurisdictions where admitted
- Of good moral character
- Cannot be residents of the state of South Dakota
- Cannot be considered substantially involved with professional or business activities in South Dakota
To be admitted under South Dakota pro hac vice rules, attorneys attempting to get admitted must be associated with an already admitted attorney that is in good standing of the state bar. The local South Dakota lawyer must also have their name and bar number on all orders, notices, pleadings, or documentation associated with the court and the case. They may also have to participate in certain pretrial proceedings. The local South Dakota lawyer will also be jointly reliable for any bad conduct engaged in by the non admitted attorney.
Pro Hac Vice Application
The ability for an attorney to be admitted to a state based on pro hac vice is wholly dependent on the discretion of the ruling board, court or government admin agency. Usually an attorney in good standing and licensed in another state will be able to obtain South Dakota pro hac vice on a temporary status if they follow the application procedures as required.
A non admitted attorney must file an original and a copy of their application with the state bar they are seeking admittance. This includes a certificate from a state bar of which the attorney is currently admitted indicating they are in good standing and when they were licensed in that state. Of course, the attorney must also pay a fee equal to what active members currently pay in South Dakota, however it can be waived if the representation is based on a pro bono purpose.
Local Attorney's Motion
Once an application is complete, the local lawyer will be notified. The local lawyer can now file a motion within the court indicating that they recommend the nonresident attorney for South Dakota pro hac vice admission. Further fees will also generally be required. The motion generally will include the following as exhibits for the courts further review:
- The completed application
- All certificates of good standing
- Evidence of licensure
- Date of licensure
- Notice of a complete application