CHAPTER 324

(SCR 06-50)

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


IN THE SUPREME COURT

OF THE

STATE OF SOUTH DAKOTA

* * * *

IN THE MATTER OF THE AMENDMENT
OF SDCL 15-6-51(c) RULE 06-50
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    A hearing was held on February 16, 2006, at Pierre, South Dakota, relating to the amendment of SDCL 15-6-51(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 15-6-51(c) be and it is hereby amended to read in its entirety as follows:

     15-6-51(c).   Oral instructions Objections. The court must settle, in writing, pursuant to § 15- 6-51(b), a response to a jury question sent out by the jury during deliberations.

             (1)      A party who objects to an instruction or the failure to give an instruction must do so on the record, stating distinctly the matter objected to and the grounds of the objection.

             (2)      An objection is timely if:

             (A)      A party that has been informed of an instruction or action on a request before the jury is instructed and before final jury arguments, as provided by subdivision 15- 6-51(b)(1), objects at the opportunity for objection required by subdivision 15-6- 51(b)(2); or

             (B)      A party that has not been informed of an instruction or action on a request before the time for objection provided under subdivision 15-6-51(b)(2) objects promptly after learning that the instruction or request will be, or has been, given or refused.

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

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

_______________