Section 19-19-603 – Oath or affirmation to testify truthfully.
19-19-603. Oath or affirmation to testify truthfully. Before testifying, a witness must give an oath or affirmation to testify truthfully. It must be in a form designed to impress that duty on the witness’s conscience. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 603); SDCL §19-14-3; SL 2016, ch 239 (Supreme Court Rule […]
Section 19-19-603.1 – Form for oath of witness.
19-19-603.1. Form for oath of witness. The following oath may be used to satisfy the requirements of §19-19-603: You do solemnly swear that the evidence you shall give relative to the matter in difference now in hearing between _____, plaintiff, and _____, defendant, shall be the truth, the whole truth, and nothing but the truth, […]
Section 19-19-603.2 – Form for affirmation of witness.
19-19-603.2. Form for affirmation of witness. The following affirmation may be used to satisfy the requirements of §19-19-603: You do solemnly affirm that the evidence you shall give relative to the matter in difference now in hearing between _____, plaintiff, and _____, defendant, shall be the truth, the whole truth, and nothing but the truth […]
Section 19-19-604 – Form for oath of interpreter.
19-19-604. Form for oath of interpreter. The following oath, as appropriate to the circumstances, may be used for an interpreter: I, __________, do solemnly swear (or affirm) that I will justly, truly and impartially interpret, to the best of my skill and judgment, and will make a true interpretation to any party or witness, the […]
Section 19-19-511 – Privilege not waived by involuntary disclosure.
19-19-511. Privilege not waived by involuntary disclosure. A claim of privilege is not defeated by a disclosure which was: (1)Compelled erroneously; or (2)Made without opportunity to claim the privilege. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 511); SDCL §19-13-27.
Section 19-19-512 – Comment upon or inference from claim of privilege–Instruction.
19-19-512. Comment upon or inference from claim of privilege–Instruction. (a) Comment or inference not permitted. The claim of a privilege, whether in the present proceeding or upon a prior occasion, is not a proper subject of comment by judge or counsel. No inference may be drawn therefrom. (b) Claiming privilege without knowledge of jury. In […]
Section 19-19-505 – Religious privilege.
19-19-505. Religious privilege. (a) Definitions. As used in this section: (1)A “clergyman” is a minister, priest, rabbi, accredited Christian Science practitioner, or other similar functionary of a religious organization, or an individual reasonably believed so to be by the person consulting him; (2)A communication is “confidential” if made privately and not intended for further disclosure […]
Section 19-19-506 – Vote at public election.
19-19-506. Vote at public election. Every person has a privilege to refuse to disclose the tenor of his vote at a public election conducted by secret ballot. This privilege does not apply if the court finds that the vote was cast illegally or determines that the disclosure should be compelled pursuant to the election laws […]
Section 19-19-507 – Trade secrets.
19-19-507. Trade secrets. A person has a privilege, which may be claimed by him or his agent or employee, to refuse to disclose and to prevent other persons from disclosing a trade secret owned by him, if the allowance of the privilege will not tend to conceal fraud or otherwise work injustice. If disclosure is […]
Section 19-19-508 – Confidential communications to public officer.
19-19-508. Confidential communications to public officer. A public officer cannot be examined as to communications made to him in an official confidence, when the public interests would suffer by the disclosure. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 508); SDCL §19-13-21.