CHAPTER 323

(SCR 06-49)

In the Matter of the Amendment of SDCL 15-6-51(b)


IN THE SUPREME COURT

OF THE

STATE OF SOUTH DAKOTA

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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:

             (1)      Must inform the parties of its proposed instructions and proposed action on the requests before instructing the jury and before final jury arguments;

             (2)      Must give the parties an opportunity to object on the record and out of the jury's hearing to the proposed instructions and actions on requests before the instructions and arguments are delivered; and

             (3)      May instruct the jury at any time after trial begins and before the jury is discharged.

    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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