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 […]
Section 19-19-702 – Testimony by expert.
19-19-702. Testimony by expert. A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if: (a)The expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; […]
Section 19-19-703 – Bases of opinion testimony by experts.
19-19-703. Bases of opinion testimony by experts. An expert may base an opinion on facts or data in the case that the expert has been made aware of or personally observed. If experts in the particular field would reasonably rely on those kinds of facts or data in forming an opinion on the subject, they […]
Section 19-19-704 – Opinion on an ultimate issue.
19-19-704. Opinion on an ultimate issue. An opinion is not objectionable just because it embraces an ultimate issue. Source: SL 1993, ch 401 (Supreme Court Rule 93-18); SDCL §19-15-4; SL 2016, ch 239 (Supreme Court Rule 15-52), eff. Jan. 1, 2016.
Section 19-19-605 – Judge’s competency as a witness.
19-19-605. Judge’s competency as a witness. The presiding judge may not testify as a witness at the trial. A party need not object to preserve the issue. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 605); SDCL §19-14-5; SL 2016, ch 239 (Supreme Court Rule 15-38), eff. Jan. 1, 2016.
Section 19-19-705 – Disclosure of facts or data underlying expert opinion.
19-19-705. Disclosure of facts or data underlying expert opinion. Unless the court orders otherwise, an expert may state an opinion–and give the reasons for it–without first testifying to the underlying facts or data. But the expert may be required to disclose those facts or data on cross-examination. Source: SL 2011, ch 238 (Supreme Court Rule […]
Section 19-19-606 – Juror’s competency as a witness.
19-19-606. Juror’s competency as a witness. (a) At the trial. A juror may not testify as a witness before the other jurors at the trial. If a juror is called to testify, the court must give a party an opportunity to object outside the jury’s presence. (b) During an inquiry into the validity of a […]