IN THE MATTER OF THE AMENDMENT
OF SDCL 15-6-38(d) RULE 06-38
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    A hearing was held on February 16, 2006, at Pierre, South Dakota, relating to the amendment of SDCL 15-6-38(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 15-6-38(d) be and it is hereby amended to read in its entirety as follows:

     15-6-38(d).   Waiver of jury trial. The failure of a party to serve a demand as required by § 15-6-38 constitutes a waiver by him the party of trial by jury. A demand for trial by jury made as herein provided may not be withdrawn without the consent of the parties.

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

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