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 19-19-901 – 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 19-19-802 – 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.
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.