IN THE MATTER OF THE AMENDMENT
OF SDCL 15-6-50(d) RULE 06-47
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    A hearing was held on February 16, 2006, at Pierre, South Dakota, relating to the amendment of SDCL 15-6-50(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 15-6-50(d) be and it is hereby amended to read in its entirety as follows:

     15-6-50(d).   Denial of motion for judgment notwithstanding verdict as a matter of law. If the motion for judgment notwithstanding the verdict as a matter of law is denied, the party who prevailed on that motion may, as respondent, assert grounds entitling him the party to a new trial in the event the Supreme Court concludes that the trial court erred in denying the motion for judgment notwithstanding the verdict. If the Supreme Court reverses the judgment, nothing in § 15-6-50 precludes it from determining that the respondent is entitled to a new trial, or from directing the trial court to determine whether a new trial shall be granted.

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

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