(SCR 06-49)
In the Matter of the Amendment of SDCL 15-6-51(b)
IN THE MATTER OF THE AMENDMENT
OF SDCL 15-6-51(b) RULE 06-49
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A hearing was held on February 16, 2006, at Pierre, South Dakota, relating to the
amendment of SDCL 15-6-51(b), 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 15-6-51(b) be and it is hereby amended to read in its entirety as
follows:
15-6-51(b).
Settlement of instructions Instructions.
A written request offered to the court
by a party is a "requested" instruction. Instructions prepared by the court are "proposed"
instructions. The court must settle all requested and proposed instructions, on the record, out of
the hearing of the jury. During the settlement hearing, the parties must make their objections to the
proposed instructions and other parties' requested instructions pursuant to § 15-6-51(a). The court
must rule on the objections and requested instructions before the close of the hearing. All refused
instructions shall be filed with the clerk of courts. After the close of the hearing, the instructions
are "settled." The court must reduce all settled instructions to writing and read them to the jury.
The jury and the parties must receive at least one copy of the instructions. The court:
DATED at Pierre, South Dakota, this 17th day of March 2006.