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. […]
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 […]
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 […]