South Dakota § 15-6-51(d) Assigning error--Plain error.

South Dakota Statutes

§ 15-6-51(d) — Assigning error--Plain error.

South Dakota·Title 15 CIVIL PROCEDURE·Ch. 15 RULES OF PROCEDURE IN CIRCUIT COURTS

(1)A party may assign as error:

(A)An error in an instruction actually given if that party made a proper objection under § 15-6-51(c); or (B) A failure to give an instruction if that party made a proper request under § 15-6-51(a), and--unless the court made a definitive ruling on the record rejecting the request--also made a proper objection under § 15-6-51(c).

(2)A court may consider a plain error in the instructions affecting substantial rights that has not been preserved as required by subdivision 15-6-51(d)(1)(A) or (1)(B).

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(1) A party may assign as error: (A) An error in an instruction actually given if that party made a proper objection under § 15-6-51(c); or (B) A failure to give an instruction if that party made a proper request under § 15-6-51(a), and--unless the court made a definitive ruling on the record rejecting the request--also made a proper objection under § 15-6-51(c). (2) A court may consider a plain error in the instructions affecting substantial rights that has not been preserved as required by subdivision 15-6-51(d)(1)(A) or (1)(B).

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