§ 16-40-101. Burden of proof

(a) The party holding the affirmative of an issue must produce the evidence to prove it. (b) The burden of proof in the whole action lies on the party who would be defeated if no evidence were given on either side.

§ 16-40-102. Order of proof

The order of proof shall be regulated by the court so as to expedite the trial and enable the tribunal to obtain a clear view of the whole evidence. However, the party who begins the case must ordinarily exhaust his evidence before the other begins.

§ 16-40-103. Modes of taking testimony of witnesses

(a) The testimony of witnesses is taken in three (3) modes: (1) By affidavit; (2) By deposition; (3) By oral examination. (b) An affidavit is a written declaration under oath, made without notice to the adverse party. (c) A deposition is a written declaration under oath, made upon notice to the adverse party, for the […]

§ 16-40-104. Judicial knowledge of laws of other states

The courts of this state shall take judicial knowledge of the laws of other states.

§ 16-40-105. Death presumed after five years’ absence

Any person absenting himself beyond the limits of this state for five (5) years successively shall be presumed to be dead in any case in which his death may come into question, unless proof is made that he was alive within that time.

§ 16-40-106. Privileged communications made to a certified peer support member by an emergency responder — Definitions

(a) As used in this section: (1) “Approved training” means training including, at a minimum, the following subjects: (A) The core elements of critical incident stress management, including how to help a person understand the need for further assistance; (B) Psychological crisis and psychological crisis intervention; (C) The individual aspects of a peer support event […]

§ 16-40-107. Evidence of sermons by a religious leader — Definitions

(a) As used in this section: (1) “Religious leader or member of the clergy” includes without limitation a: (A) Minister; (B) Pastor; (C) Preacher; (D) Priest; (E) Nun; (F) Rabbi; (G) Imam; or (H) Layperson who is engaged in the ministering in, instruction of, or teaching of a religion; and (2) “Religious organization” means an […]