Section 19-19-707 – Experts called by parties.
19-19-707. Experts called by parties. (a) Limitation on number called. The provisions of §19-19-706 shall not preclude any party to either a criminal or civil proceeding from calling expert witnesses, but the court may impose reasonable limitations upon the number of witnesses so called. (b) Compensation. The fee of an expert witness called by a […]
Section 19-19-608 – A witness’s character for truthfulness or untruthfulness.
19-19-608. A witness’s character for truthfulness or untruthfulness. (a) Reputation or opinion evidence. A witness’s credibility may be attacked or supported by testimony about the witness’s reputation for having a character for truthfulness or untruthfulness, or by testimony in the form of an opinion about that character. But evidence of truthful character is admissible only […]
Section 19-19-801 – Definitions that apply to this article–Exclusions from hearsay.
19-19-801. Definitions that apply to this article–Exclusions from hearsay. The following definitions apply under this article: (a)Statement. “Statement” means a person’s oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion. (b)Declarant. “Declarant” means the person who made the statement. (c)Hearsay. “Hearsay” means a statement that: (1)The declarant does not […]
Section 19-19-609 – Impeachment by evidence of a criminal conviction.
19-19-609. Impeachment by evidence of a criminal conviction. (a) In general. The following rules apply to attacking a witness’s character for truthfulness by evidence of a criminal conviction: (1)For a crime that, in the convicting jurisdiction, was punishable by death or by imprisonment for more than one year, the evidence: (A)Must be admitted, subject to […]
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 […]