CHAPTER 313

(SCR 06-39)

In the Matter of the Amendment of SDCL 15-6-40(c)


IN THE SUPREME COURT

OF THE

STATE OF SOUTH DAKOTA

* * * *

IN THE MATTER OF THE AMENDMENT
OF SDCL 15-6-40(c) RULE 06-39
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    A hearing was held on February 16, 2006, at Pierre, South Dakota, relating to the amendment of SDCL 15-6-40(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 15-6-40(c) be and it is hereby amended to read in its entirety as follows:

     15-6-40(c).   Proceeding in absence of party. Either party from the time when a case is reached upon the calendar, and in the absence of the adverse party, unless the court for good cause shall otherwise direct, may proceed with his the party's case and take a dismissal of the complaint, or a verdict, or judgment, as the case may require.

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


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

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