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 19-19-610 – Religious beliefs or opinions.
19-19-610. Religious beliefs or opinions. Evidence of a witness’s religious beliefs or opinions is not admissible to attack or support the witness’s credibility. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 610); SDCL §19-14-17; SL 2016, ch 239 (Supreme Court Rule 15-43), eff. Jan. 1, 2016.
Section 19-19-611 – Mode and order of examining witnesses and presenting evidence.
19-19-611. Mode and order of examining witnesses and presenting evidence. (a) Control by the court; purposes. The court should exercise reasonable control over the mode and order of examining witnesses and presenting evidence so as to: (1)Make those procedures effective for determining the truth; (2)Avoid wasting time; and (3)Protect witnesses from harassment or undue embarrassment. […]
Section 19-19-611.1 – Address of witness–Release in open court restricted.
19-19-611.1. Address of witness–Release in open court restricted. The courts of the State of South Dakota shall not require that witnesses, at time of questioning in open court, release their specific addresses unless it is required by due process or is in the interest of justice. Source: SL 1985, ch 410 (Supreme Court Rule 85-5); […]
Section 19-19-612 – Writing used to refresh a witness’s memory.
19-19-612. Writing used to refresh a witness’s memory. (a) Scope. This section gives an adverse party certain options when a witness uses a writing to refresh memory: (1)While testifying; or (2)Before testifying, if the court decides that justice requires the party to have those options. (b) Adverse party’s options; deleting unrelated matter. An adverse party […]
Section 19-19-613 – Witness’s prior statement.
19-19-613. Witness’s prior statement. (a) Showing or disclosing the statement during examination. When examining a witness about the witness’s prior statement, a party need not show it or disclose its contents to the witness. But the party must, on request, show it or disclose its contents to an adverse party’s attorney. (b) Extrinsic evidence of […]
Section 19-19-614 – Court’s calling or examining a witness.
19-19-614. Court’s calling or examining a witness. (a) Calling. The court may call a witness on its own or at a party’s request. Each party is entitled to cross-examine the witness. (b) Examining. The court may examine a witness regardless of who calls the witness. (c) Objections. A party may object to the court’s calling […]