CHAPTER 278

(SCR 06-04)

In the Matter of the Amendment of SDCL 15-6-7(b)


IN THE SUPREME COURT

OF THE

STATE OF SOUTH DAKOTA

* * * *

IN THE MATTER OF THE AMENDMENT
OF SDCL 15-6-7(b) RULE 06-04
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    A hearing was held on February 16, 2006, at Pierre, South Dakota, relating to the amendment of SDCL 15-6-7(b), 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 15-6-7(b) be and it is hereby amended to read in its entirety as follows:

     15-6-7(b).   Motions and other papers.

             (1)      An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion.

             (2)      The rules applicable to captions, signing, and other matters of form of pleadings apply to all motions and other papers provided for by this chapter.

             (3)      Exhibits and other attachments to motions are subject to the provisions of Rule 11 and the protective provisions of Rule 26(c) § 15-6-26(c).

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

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

_______________