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. […]
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 19-19-806.1 – Statement by child under age thirteen or child with developmental disability regarding sex crime, physical abuse, or neglect.
19-19-806.1. Statement by child under age thirteen or child with developmental disability regarding sex crime, physical abuse, or neglect. A statement made by a child under the age of thirteen, or by a child thirteen years of age or older who is developmentally disabled as defined in §27B-1-18, describing any act of sexual contact or […]
Section 19-19-806.2 – Statements alleging child abuse or neglect.
19-19-806.2. Statements alleging child abuse or neglect. An out-of-court statement not otherwise admissible by statute or rule of evidence is admissible in evidence in any civil proceeding alleging child abuse or neglect or any proceeding for termination of parental rights if: (1)The statement was made by a child under the age of thirteen years or […]
Section 19-19-807 – Residual exception.
19-19-807. Residual exception. (a) In general. Under the following conditions, a hearsay statement is not excluded by the rule against hearsay even if the statement is not admissible under a hearsay exception in §19-19-803 or 19-19-804. (1)The statement is supported by sufficient guarantees of trustworthiness–after considering the totality of circumstances under which it was made […]
Section 19-19-802 – Rule against hearsay.
19-19-802. Rule against hearsay. Hearsay is not admissible unless any of the following provide otherwise: (1)A statute; (2)These rules; or (3)Other rules prescribed by the Supreme Court. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 802); SDCL §19-16-4; SL 2016, ch 239 (Supreme Court Rule 15-56), eff. Jan. 1, 2016.
Section 19-19-803 – Exceptions to the rule against hearsay–Regardless of whether the declarant is available as a witness.
19-19-803. Exceptions to the rule against hearsay–Regardless of whether the declarant is available as a witness. The statements described in this section are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness: (1)Present sense impression. A statement describing or explaining an event or condition, made while or […]
Section 19-19-803.1 – Physician’s written report in lieu of deposition or in-court testimony admissible.
19-19-803.1. Physician’s written report in lieu of deposition or in-court testimony admissible. A report submitted by a party pursuant to §19-19-803.2 is not excluded by §19-19-802, even though the physician is available as a witness. Source: SL 1984, ch 363 (Supreme Court Rule 84-9); SDCL §19-16-8.1.