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 19-19-613 – 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 […]
Section 19-19-615 – Excluding witnesses.
19-19-615. Excluding witnesses. At a party’s request, the court must order witnesses excluded so that they cannot hear other witnesses’ testimony. Or the court may do so on its own. But this rule does not authorize excluding: (a)A party who is a natural person; (b)An officer or employee of a party that is not a […]
Section 19-19-701 – Opinion testimony by lay witnesses.
19-19-701. Opinion testimony by lay witnesses. If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is: (a)Rationally based on the witness’s perception; (b)Helpful to clearly understanding the witness’s testimony or to determining a fact in issue; and (c)Not based on scientific, technical, 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 […]