CHAPTER 311

(SCR 06-37)

In the Matter of the Amendment of SDCL 15-6-38(c)


IN THE SUPREME COURT

OF THE

STATE OF SOUTH DAKOTA

* * * *

IN THE MATTER OF THE AMENDMENT
OF SDCL 15-6-38(c) RULE 06-37
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    A hearing was held on February 16, 2006, at Pierre, South Dakota, relating to the amendment of SDCL 15-6-38(c), 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 15-6-38(c) be and it is hereby amended to read in its entirety as follows:

     15-6-38(c).   Specification of issues in demand for jury trial. In his the demand for a jury trial a party may specify the issues which he the party wishes so tried; otherwise he the party shall be deemed to have demanded trial by jury for all the issues so triable. If he the party has demanded trial by jury for only some of the issues, any other party within ten days after service of the demand or such lesser time as the court may order, may serve a demand for trial by jury of any other or all of the issues of fact in the action.

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

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

_______________