IN THE MATTER OF THE AMENDMENTS AND ADOPTIONS TO APPENDIX A - SDCL CHAPTER 16-16 - ORDERED AMENDED TO READ IN ITS ENTIRETY

Sep 25, 2026

Uploaded by Hazel

Order of the Supreme Court of the State of South Dakota regarding amendments and adoptions to Appendix A under SDCL Chapter 16-16, relating to Regulations of the Board of Bar Examiners. The order follows a hearing held February 13, 2018 in Pierre and sets amended requirements for bar examination passing score, including the structure of the exam, general average thresholds, scaled scores, and additional point rules based on performance in other components. It also addresses MPRE passing scores, advance determination by the Board, notice of deviations, retake conditions, time limits for passing validity, and restrictions requiring further court permission after multiple failures. Effective immediately.

LanguageEnglish

CategoryExam

FormatPDF

Pages2

Reading Time5 min

AccessFree to download

4. Passing Score

Examination structure (MPT, MEE, Indian law, MBE, MPRE)

Additional points and passing score thresholds

MPRE passing score and board determination

Notice of deviations and retake rules

Multiple failures and court permission

Effective date and non-retroactivity

IN THE SUPREME COURT OF THE STATE OF SOUTH DAKOTA ★ * * * ## 工N THE MATTER OF THE AMENDMENTS )AND ADOPTIONS TO APPENDIX A.TOSDCL CHAPTER 16-16,REGULATIONSOF THE BOARD OF BAR EXAMINERSSTATE OF SOUTH DAKOTA 一一一一二一一二一 A hearing was held on February 13,2018,at Pierre,South Dakota,relating to the amendments of and adoptions toAppendix A.to SDCL Chapter 16-16 relating to the Regulations ofthe Board of Bar Examiners,State of South Dakota,and the Courthaving considered the proposed amendments and adoptions,the oralpresentation thereto and being fully advised in the premises,now,therefore,it is ORDERED that Appendix A,to SDCL Chapter 16-16, Regulations of the Board of Bar Examiners,State of South Dakota,be and it is hereby amended to read in its entirety as follows: ## 4.Passing Score. The bar examination is comprised of three portions: B)The MBE,and C)The MPRE, An applicant must pass each portion of the examination,A general average of 75%or higher on the combined MPT,MEE,andIndian law portion of the examination shall be deemed a passingscore on that portion of the examination. A scaled score of 135133 or higher shall be deemed a passing score on the MBE portionof the examination. An applicant may receive additional pointson their MBE score,not to exceed three additional points,basedon their score on the combined MPT,MEE,and Indian law portionof the examination as foliows:80 to 84percent,one point;85 to89 percent,two points;and 90 percent or more,three points. #### RULE 18-15 ) A)The combined MPT,MEE,and Indian law portion, These additional points may not be transferred to an examinationadministration other than the one in which they are obtained. Ascaled score of 85 shall be deemed a passing score on the MPREportion of the examination. The Board of Bar Examiners shalldetermine the passing score on each portion of the bar examination in advance of the examination. Written notice of anydeviation from the scores enumerated in this regulation will begiven to the dean of the University of South Dakota School of Lawand all applicants for admission to practice law by examination. An applicant who has failed only one portion of theexam must only reapply to sit for—the failed portion may elect tosit ferretake both portions of the examination or only thatportion which the applicant failed;however,a passing score onone portion of the examination shall only be valid for a periodof two years to exempt the applicant from retaking that portionof the examination.An applicant who elects to retake bothportions of the examination must obtain a passing score on bothportions of the examination in that administration of the barexarnination in order to pass. An applicant who fails either:A)the MPT,MEE,and Indian law portion of the examination:and/or B)the MBE portion of the examination three times must receiveSupreme Court permission pursuant to SDCL 16-16-11 to takeanother examination. IT IS FURTHER ORDERED that this rule shall becomeeffective immediately and it shall not be retroactive. DATED at Pierre,South Dakota,this 23rd day ofMay,2018. BY THE COURT:十David Gilbertson,Chief Justice ### SUPREME COURTSTATE OF SOUTH DAKOTAFILED # MAY 232018 Au4 三

FAQs

How long is a passing score valid and what happens after failing portions?

A passing score on one portion is valid for two years to exempt the applicant from retaking that portion. If an applicant fails only one portion, the applicant reapply only to sit for the failed portion, and may elect to retake both portions. If the applicant fails either the MPT/MEE/Indian law portion or the MBE portion three times, the applicant must receive Supreme Court permission pursuant to SDCL 16-16-11 to take another examination.

Sep 25, 2026

Uploaded by Hazel