A number of new Supreme Court rules have recently become effective:

  • In the Matter of the Amendment of SDCL 16-3-5.1, Rule 17-09. SDCL 16-3-5.1 sets forth the procedure for the enactment of new rules, the 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, pleading, practice, or procedure, or the admission, disbarment, discipline, or reinstatement of attorneys to practice the profession of law as may be adopted by the South Dakota Supreme Court.  The Court’s amendment modifies SDCL 16-3.5.1 to provide that the clerk of the Court shall give thirty days’ notice of an intention to adopt, amend, or repeal rules by electronic mail notification to members of the South Dakota State Bar and by posting notice on the Unified Judicial System’s website or the South Dakota State Bar’s website.  This rule became effective on July 5, 2017, which was the date of filing.

  • In the Matter of the Amendment SDCL 23A-13-10, Rule 17-11. Under SDCL 23A-13-7 through SDCL 23A-17-9, after a prosecutor calls a witness to testify on direct examination, the court must, on motion of the defendant, order a prosecutor to produce any statement, as defined in SDCL 23A-13-10, in his possession that relates to the witness’s testimony.  The Court’s amendment modifies SDCL 23A-13-10(4) to add that a “summary written by a prosecuting attorney” is excluded from the definition of “statement” as it used in relation to witnesses called by a prosecuting attorney under SDCL 23A-13-7 through SDCL 23A-13-9.  Thus, under this amendment, notes or summaries prepared by a prosecuting attorney no longer “statements” that must be produced under SDCL 23A-13-7 through SDCL 23A-17-9.  This rule became effective on September 1, 2017.
  • In the Matter of the Adoption of a New Rule Relating to Style and Form of Amended Supreme Court Rules, Rule 17-10. Under this rule, when the South Dakota Supreme Court amends an existing rule, it is to supply a copy of the amended rule to the South Dakota State Bar for publication in the State Bar Newsletter with deletions shown by strike-throughs and additions shown by underscores.  This rule became effective on September 1, 2017.
  • In the Matter of the Amendment to the Appendix of SDCL Chapter 16-1A Relating to Judicial Nominations, Rule 17-08. This rule sets forth the initial procedure for the collection of applications for judicial vacancies.  The Court’s amendment modifies SDCL Chapter 16-1A to provide that judicial vacancies shall be advertised by posting notice on the Unified Judicial System’s website or the South Dakota State Bar’s website.  Electronic mail notification shall also be provided to members of the State Bar of South Dakota.  This rule became effective on September 1, 2017.
  • In the Matter of the Amendment SDCL 15-6-83, Rule 17-07. This rule governs the circuit court’s ability to promulgate their own rules.  The Court’s amendment modifies SDCL 15-6-83 to provide that the proposed adoption, amendment, or repeal of local rules may be given by posting notice at the Unified Judicial System’s website or the South Dakota State Bar’s website.  Electronic mail notification shall also be provided to members of the South Dakota State Bar.  This rule became effective on September 1, 2017.