(SCR 06-55)
In the Matter of the Amendment of SDCL 15-6-56(c)
IN THE MATTER OF THE AMENDMENT
OF SDCL 15-6-56(c) RULE 06-55
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A hearing was held on February 16, 2006, at Pierre, South Dakota, relating to the
amendment of SDCL 15-6-56(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 15-6-56(c) be and it is hereby amended to read in its entirety as
follows:
15-6-56(c).
Motion for summary judgment and proceedings thereon.
The motion shall be
served at least ten days before the time fixed for the hearing. Any briefing must comply with § 15-
6-6(d). The adverse party prior to the day of hearing may serve opposing affidavits. The judgment
sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and
admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any
material fact and that the moving party is entitled to a judgment as a matter of law. A summary
judgment, interlocutory in character, may be rendered on the issue of liability alone although there
is a genuine issue as to the amount of damages.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2006.