Section 19-19-1008 – Functions of the court and jury.
19-19-1008. Functions of the court and jury. Ordinarily, the court determines whether the proponent has fulfilled the factual conditions for admitting other evidence of the content of a writing, recording, or photograph under §19-19-1004 or 19-19-1005. But in a jury trial, the jury determines–in accordance with subdivision 19-19-104(b)–any issue about whether: (a)An asserted writing, recording, […]
Section 19-19-1009 – TDD and TTY communications inadmissible as evidence.
19-19-1009. TDD and TTY communications inadmissible as evidence. The writings or tapes resulting from any communication directly or indirectly through TDD or TTY are inadmissible as evidence of those communications in any court of law, legal proceeding, or administrative hearing. This section does not preclude the interception of wire communications pursuant to lawful court order […]
Section 19-19-1101 – Applicability of chapter.
19-19-1101. Applicability of chapter. Except as otherwise provided in this section, this chapter applies to all actions and proceedings in the courts of this state. This chapter other than those sections with respect to privileges does not apply in the following situations: (1)The determination of questions of fact preliminary to admissibility of evidence when the […]
Section 19-19-1102 – Title.
19-19-1102. Title. This chapter shall be known and may be cited as the South Dakota Rules of Evidence. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 1102); SDCL §19-9-15.
Section 19-19-1006 – Summaries to prove content.
19-19-1006. Summaries to prove content. The proponent may use a summary, chart, or calculation to prove the content of voluminous writings, recordings, or photographs that cannot be conveniently examined in court. The proponent must make the originals or duplicates available for examination or copying, or both, by other parties at a reasonable time and place. […]
Section 19-19-1007 – Testimony or statement of a party to prove content.
19-19-1007. Testimony or statement of a party to prove content. The proponent may prove the content of a writing, recording, or photograph by the testimony, deposition, or written statement of the party against whom the evidence is offered. The proponent need not account for the original. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, […]
Section 19-19-901 – Authenticating or identifying evidence.
19-19-901. Authenticating or identifying evidence. (a) In general. To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is. (b) Examples. The following are examples only–not a complete list–of evidence that satisfies the requirement: […]
Section 19-19-902 – Evidence that is self-authenticating.
19-19-902. Evidence that is self-authenticating. The following items of evidence are self-authenticating. They require no extrinsic evidence of authenticity in order to be admitted. (1)Domestic public documents that are sealed and signed. A document that bears: (A)A seal purporting to be that of the United States; any state, district, commonwealth, territory, or insular possession of […]
Section 19-19-903 – Subscribing witnesses.
19-19-903. Subscribing witnesses. A subscribing witness’s testimony is necessary to authenticate a writing only if required by the law of the jurisdiction that governs its validity. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 903); SDCL §19-17-12; SL 2016, ch 239 (Supreme Court Rule 15-64), eff. Jan. 1, 2016.
Section 19-19-1001 – Definitions that apply to this article.
19-19-1001. Definitions that apply to this article. (a) A “writing” consists of letters, words, numbers, or their equivalent set down in any form. (b) A “recording” consists of letters, words, numbers, or their equivalent recorded in any manner. (c) A “photograph” means a photographic image or its equivalent stored in any form. (d) An “original” […]