IN THE MATTER OF THE ADOPTION
OF A NEW RULE TO BE DESIGNATED
AT SDCL 15-6-11(e) RULE 06-09
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    A hearing was held on February 16, 2006, at Pierre, South Dakota, relating to the adoption of a new rule to be designated at SDCL 15-6-11(e), and the Court having considered the proposed adoption of a new rule, the correspondence and oral presentations relating thereto and being fully advised in the premises, now, therefore, it is

    ORDERED that a new rule be adopted and designated to read in its entirety at SDCL 15-6- 11(e) as follows:

     15-6-11(e).   Appeal to Supreme Court--Award of attorneys' fees and costs on appeal. The Supreme Court shall consider all appeals pursuant to §§ 15-6-11(a) through 15-6-11(d) without any presumption of the correctness of the trial court's findings of fact and conclusions of law. Reasonable attorneys' fees and costs shall be awarded to the successful party on appeal.

    IT IS FURTHER ORDERED that this rule shall become effective July 1, 2006.

    DATED at Pierre, South Dakota, this 17th day of March 2006.