CHAPTER 325

(SCR 06-51)

In the Matter of the Adoption of a New Rule
to be Designated at SDCL 15-6-51(d)


IN THE SUPREME COURT

OF THE

STATE OF SOUTH DAKOTA

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IN THE MATTER OF THE ADOPTION
OF A NEW RULE TO BE DESIGNATED
AT SDCL 15-6-51(d) RULE 06-51
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    A hearing was held on February 16, 2006, at Pierre, South Dakota, relating to the adoption of a new rule to be designated at SDCL 15-6-51(d), and the Court having considered the proposed adoption of a new rule, the correspondence and oral presentations relating thereto and being fully advised in the premises, now, therefore, it is

    ORDERED that a new rule be adopted and designated to read in its entirety at SDCL 15-6- 51(d) as follows:

     15-6-51(d).   Assigning error--Plain error.

             (1)      A party may assign as error:
    
             (A)      An error in an instruction actually given if that party made a proper objection under § 15-6-51(c); or

             (B)      A failure to give an instruction if that party made a proper request under § 15-6- 51(a), and - unless the court made a definitive ruling on the record rejecting the request - also made a proper objection under § 15-6-51(c).

             (2)      A court may consider a plain error in the instructions affecting substantial rights that has not been preserved as required by subdivisions 15-6-51(d)(1)(A) or (B).

    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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