IN THE MATTER OF THE AMENDMENT
OF SDCL 15-6-11(d) RULE 06-08
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    A hearing was held on February 16, 2006, at Pierre, South Dakota, relating to the amendment of SDCL 15-6-11(d), 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 15-6-11(d) be and it is hereby amended to read in its entirety as follows:

     15-6-11(d).   Appeal to Supreme Court--Award of attorney fees and costs Inapplicability to discovery. The Supreme Court shall consider all appeals pursuant to this section without any presumption of the correctness of the trial court's findings of fact and conclusions of law. Reasonable attorney fees and costs shall be awarded to the successful party on appeal. Sections 15- 6-11(a) through 15-6-11(c) do not apply to disclosures and discovery requests, responses, objections, and motions that are subject to the provisions of §§ 15-6-26 through 15-6-37.

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

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