CHAPTER 91
(HB 1060)
Findings of fact, standards of review revised.
ENTITLED, An Act
revise the standards of review for findings of fact.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That
§
15-6-52(a)
be amended to read as follows:
15-6-52(a).
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
; and in
. 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
shall
, 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
of
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
when
if
a temporary restraining order or preliminary injunction is entered in an action arising under
chapters 25-3 and 25-4.
A copy of the proposed findings shall be served upon the attorneys of record to the action or
upon the parties of record to the action
when
if
not represented by counsel. The court may direct
counsel for the prevailing party to prepare findings
;
and counsel shall, within ten days after
announcement of decision, unless otherwise ordered, prepare, serve
,
and submit to the court with
copies to opposing counsel, proposed written findings of fact and conclusions of law together with
the proposed judgment or decree.
The court
shall
may
not sign any findings therein prior to the expiration of five days after service
of the proposed findings during which time the parties may in writing submit to the court and serve
on their adversaries their objections or additional proposals. Thereafter the court shall make or
enter such findings and conclusions as may be proper.
Any action or decision of the court in making or modifying findings of fact or conclusions of
law shall be deemed excepted to, but the failure of the court to make a finding or conclusion on a
material issue
shall
is
not
to
be deemed excepted to unless such finding or conclusion has been
proposed to or requested from the court.
If an opinion or memorandum of decision is filed, the facts and legal conclusions stated therein
need not be restated but may be included in the findings of fact and conclusions of law by reference.
Findings of fact and conclusions of law are unnecessary on decisions of motions under
§
15-6-12 or 15-6-56 or any other motion except as provided in
§
15-6-41(b).
Signed February 11, 2000.