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 19-19-513 – Motorist’s refusal to submit to chemical test of intoxication admissible–Privilege against self-incrimination may not be claimed.
19-19-513. Motorist’s refusal to submit to chemical test of intoxication admissible–Privilege against self-incrimination may not be claimed. Notwithstanding the provisions of subdivision 19-19-512(a), when a person stands trial for driving while under the influence of alcohol or drugs, as provided under §32-23-1, and that person has refused chemical analysis, as provided in §32-23-10, such refusal […]
Section 19-19-514 – Sign language interpreter or relay service operator privilege.
19-19-514. Sign language interpreter or relay service operator privilege. No sign language interpreter or relay service operator who has interpreted for or relayed information for a deaf, speech impaired, or hard of hearing person may be compelled to divulge or be examined as part of any proceeding concerning any information or communication given to him […]
Section 19-19-515 – Mediation privilege.
19-19-515. Mediation privilege. All verbal or written information relating to the subject matter of a mediation which is transmitted between any party to a dispute and a mediator or any agent, employee, or representative of a party or a mediator is confidential. Any mediation proceeding shall be regarded as settlement negotiations, and no admission, representation, […]
Section 19-19-516 – Communications concerning execution of inmate.
19-19-516. Communications concerning execution of inmate. The secretary of corrections, the warden of the penitentiary, penitentiary staff, and Department of Corrections staff may not be examined as to communications made to them concerning an execution of an inmate under chapter 23A-27A. The privilege described in this section may be claimed by the secretary of corrections, […]
Section 19-19-601 – Competency to testify in general.
19-19-601. Competency to testify in general. Every person is competent to be a witness unless otherwise provided in this chapter. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 601); SDCL §19-14-1; SL 2016, ch 239 (Supreme Court Rule 15-35), eff. Jan. 1, 2016.
Section 19-19-602 – Need for personal knowledge–Exception for expert opinion.
19-19-602. Need for personal knowledge–Exception for expert opinion. A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may consist of the witness’s own testimony. This rule does not apply to a witness’s expert […]