Chapter 256

SCR 22-03

SUPREME COURT RULES AND ORDERS

IN THE SUPREME COURT

OF THE

STATE OF SOUTH DAKOTA

* * * *

IN THE MATTER OF THE AMENDMENT OF SDCL 15-30-1

RULE 22-03

A hearing was held on November 9, 2021, at Pierre, South Dakota, relating to the amendment of SDCL 15-30-1 and the Court having considered the proposed amendment, oral presentation relating thereto and being fully advised in the premises, now, therefore, it is

ORDERED that SDCL 15-30-1 be and it is hereby amended to read in its entirety as follows:

SDCL 15-30-1.  Remand to trial court to permit motion for new trial.

Whenever, after appeal to the Supreme Court, it shall appear to the satisfaction of the Supreme Court upon application of a party that the ends of justice require that such party should be permitted to make a motion for a new trial for a cause set forth in subdivision 15-6-59(a)(1), (2), (3), or (4), and that sufficient excuse exists for not having made said motion prior to the appeal, the Supreme Court may remand the record to the trial court for the purpose of making such motion, but no such remand shall be made unless such motion can be made and hearing thereon had in the trial court within sixty days from and after the date on which the time for appeal commences unless the Supreme Court extends the time for good cause shown.

IT IS FURTHER ORDERED that this rule become effective February 1, 2022.

DATED at Pierre, South Dakota, this 5th day of January, 2022.

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Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.

Overstrikes indicate deleted language.