In the Matter of the Amendment of SDCL 15-15A-10
IN THE SUPREME COURT
STATE OF SOUTH DAKOTA
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IN THE MATTER OF THE AMENDMENT
OF SDCL 15-15A-10 RULE 06-58
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A hearing was held on February 16, 2006, at Pierre, South Dakota, relating to the
amendment of SDCL 15-15A-10, and the Court having considered the proposed amendment, the
correspondence and oral presentations relating thereto and being fully advised in the premises,
now, therefore, it is
ORDERED that SDCL 15-15A-10 be and it is hereby amended to read in its entirety as
Procedure for requesting access to
sealed confidential financial documents.
Any person may file a motion, supported by affidavit showing good cause, for access
sealed confidential financial documents. Written notice of the motion shall be
If the person seeking access cannot locate a party to provide the notice required under
this rule, after making good faith reasonable effort to provide such notice as required
by applicable court rules, an affidavit may be filed with the court setting forth the efforts
to locate the party and requesting waiver of the notice provisions of this rule. The court
may waive the notice requirement of this rule if the court finds that further good faith
efforts to locate the party are not likely to be successful.
The court shall allow access to
financial documents, or relevant
portions of the documents, if the court finds that the public interest in granting access
or the personal interest of the person seeking access outweighs the privacy interests of
the parties or dependent children. In granting access the court may impose conditions
necessary to balance the interests consistent with this rule.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2006.
DATED at Pierre, South Dakota, this 17th day of March 2006.