In the Matter of the Amendment of SDCL 15-6-52(a)
IN THE MATTER OF THE AMENDMENT
OF SDCL 15-6-52(a) RULE 06-52
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A hearing was held on February 16, 2006, at Pierre, South Dakota, relating to the
amendment of SDCL 15-6-52(a), 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 15-6-52(a) be and it is hereby amended to read in its entirety as
Effect of findings by the court--Proposals--When unnecessary.
In all actions
tried upon the facts without a jury or with an advisory jury, the court shall, unless waived as
provided in § 15-6-52(b), find the facts specially and state separately its conclusions of law
thereon, and judgment shall be entered pursuant to § 15-6-58. In granting or refusing temporary
restraining orders or preliminary injunctions, the court shall similarly set forth the findings of fact
and conclusions of law which constitute the grounds of its action. Findings of fact, whether based
on oral or documentary evidence, may not be set aside unless clearly erroneous, and due regard
shall be given to the opportunity of the trial court to judge the credibility of the witnesses. The
findings of a referee, to the extent that the court adopts them, shall be considered as the findings
of the court. Findings of fact and conclusions of law need not be made if a temporary restraining
order or preliminary injunction is entered in an action arising under chapters 25-3 and 25-4.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2006.
DATED at Pierre, South Dakota, this 17th day of March 2006.