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

(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).

Source: SL 2006, ch 325 (Supreme Court Rule 06-51), eff. July 1, 2006.