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 19-19-1001 – 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” […]
Section 19-19-1002 – Requirement of the original.
19-19-1002. Requirement of the original. An original writing, recording, or photograph is required in order to prove its content unless this chapter or rules adopted by the Supreme Court of this state, or a state statute provides otherwise. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 1002); SDCL §19-18-2; SL 2016, ch 239 […]
Section 19-19-1003 – Admissibility of duplicates.
19-19-1003. Admissibility of duplicates. A duplicate is admissible to the same extent as the original unless a genuine question is raised about the original’s authenticity or the circumstances make it unfair to admit the duplicate. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 1003); SDCL §19-18-3; SL 2016, ch 239 (Supreme Court Rule […]
Section 19-19-1004 – Admissibility of other evidence of content.
19-19-1004. Admissibility of other evidence of content. An original is not required and other evidence of the content of a writing, recording, or photograph is admissible if: (a)All the originals are lost or destroyed, and not by the proponent acting in bad faith; (b)An original cannot be obtained by any available judicial process; (c)The party […]
Section 19-19-1005 – Copies of public records to prove content.
19-19-1005. Copies of public records to prove content. The proponent may use a copy to prove the content of an official record–or of a document that was recorded or filed in a public office as authorized by law–if these conditions are met: the record or document is otherwise admissible; and the copy is certified as […]
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. […]