South Dakota Codified Laws 16-3-5.1. Court rules–Filing of notice of rule changes proposed by Supreme Court–Publication Hearing–Combined notices–Rules governing internal operation effectiveon filing
Any new rule, amendment, or repeal of existing rules or statutes relating to the administration of the courts, the number and composition of circuits and judges assigned to the circuits, to pleading, practice, or procedure, or to the admission, disbarment, discipline, and reinstatement of attorneys to practice the profession of law may be adopted by the Supreme Court.
A proposed new rule, amendment, or repeal shall be filed in the office of the clerk of the Supreme Court with deletions shown by strike-throughs and additions shown by underscore. The proposed new rule, amendment, or repeal shall include a discussion of the proposed change and:
Terms Used In South Dakota Codified Laws 16-3-5.1
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Statute: A law passed by a legislature.
(1) The identity of the proponent or proponents of the change;
(2) A detailed explanation of the change and the reasons for the change;
(3) An analysis of the state or federal rule or statute that the change is based upon, if any;
(4) A comparison of the change with federal rules or local federal rules on the same subject, if any, and an explanation of any differences, if any, and;
(5) An analysis of how the change affects existing rules or statutes.
The clerk of the Supreme Court shall give thirty days’ notice of an intention to adopt, amend, or repeal rules by electronic mail notification to members of the State Bar of South Dakota, by posting notice at the Unified Judicial System’s website at http://www.ujs.sd.gov/ or at the State Bar of South Dakota’s website at http://www.sdbar.org/, or such other notice as the Court may order. Notice shall include a copy of the proposed rule and the explanation of proposal described above in (1)–(5). Any member of the State Bar of South Dakota may request notification of an intention to adopt, amend, or repeal rules through first class mail by contacting the clerk of the Supreme Court. The notice shall fix a time and place when any person interested may appear and be heard with reference to the adoption, amendment, or repeal of rules.
Notice of adoption of several rules, amendments, or repeals of rules may be given at one time and in one notice.
All other rules adopted by the Supreme Court concerning its internal operations under its constitutional or statutory rule-making power shall be filed with the clerk of the Supreme Court and unless otherwise ordered shall become effective when so filed without further notice.
Source: Supreme Court Rule 74-2, April 4, 1974; SL 2003, ch 263, (Supreme Court Rule 03-4), eff. July 1, 2003; SL 2010, ch 252 (Supreme Court Rule 09-08), eff. Sept. 24, 2009; SL 2018, ch 288 (Supreme Court Rule 17-09), eff. July 5, 2017; SL 2018, ch 296 (Supreme Court Rule 18-05), eff. July 1, 2018.