(a) Application
(1) Any application for the assignment of counsel by a party appearing
pro se shall be on a form approved by the Court. The application shall
include a form of affidavit stating the party’s efforts, if any, to obtain
counsel by means other than assignment and indicating any prior
pro bono assignments of counsel to represent the party in cases
brought in this Court, including both pending and previously
terminated actions. A completed copy of the affidavit of financial
status in the form required by SDIL-LR 3.1(b) shall accompany the
application. A pro se party initially ineligible for assigned counsel at
the outset of the litigation who later becomes eligible by reason of
changed circumstances may apply for assignment of counsel within
a reasonable time after the change in circumstances has occurred.
(2) The Court may also sua sponte assign counsel, or reconsider
assigning counsel, at any time.
(b) Notice of Assignment
Counsel shall be assigned by Order of the Court, which shall be
immediately sent to all parties to the action and the assigned attorney. The
order shall include the name, address, and, if available, telephone number
of the party to be represented. Information regarding how to contact a
prisoner-party is available on the Court’s website.
(c) Pro Se Motions
Upon assignment of counsel, all pending motions filed by the party pro se
shall be denied without prejudice so that assigned counsel can evaluate
how to proceed, unless otherwise ordered by the Court.
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