Local Rule RULE 83.9: ASSIGNMENT PROCEDURES

RULE 83.9 ASSIGNMENT PROCEDURES

(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.