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 19-19-803 – 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.
Section 19-19-803.2 – Physician’s written report–Affidavit–Notice–Objection.
19-19-803.2. Physician’s written report–Affidavit–Notice–Objection. In personal injury and wrongful death cases if the prayer for relief does not exceed seventy-five thousand dollars and in worker’s compensation proceedings, the written report of any practitioner of the healing arts as defined in chapter 36-2 may be used for all purposes in lieu of deposition or in-court testimony […]
Section 19-19-804 – Exceptions to rule against hearsay–When declarant unavailable as witness.
19-19-804. Exceptions to rule against hearsay–When declarant unavailable as witness. (a) Criteria for being unavailable. A declarant is considered to be unavailable as a witness if the declarant: (1)Is exempted from testifying about the subject matter of the declarant’s statement because the court rules that a privilege applies; (2)Refuses to testify about the subject matter […]
Section 19-19-805 – Hearsay within hearsay.
19-19-805. Hearsay within hearsay. Hearsay within hearsay is not excluded by the rule against hearsay if each part of the combined statements conforms with an exception to the rule. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 805); SDCL §19-16-36; SL 2016, ch 239 (Supreme Court Rule 15-59), eff. Jan. 1, 2016.
Section 19-19-806 – Attacking and supporting the declarant.
19-19-806. Attacking and supporting the declarant. When a hearsay statement–or a statement described in subdivision 19-19-801(d)(2)(C), (D), or (E)–has been admitted in evidence, the declarant’s credibility may be attacked, and then supported, by any evidence that would be admissible for those purposes if the declarant had testified as a witness. The court may admit evidence […]