Section 19-19-508.1 – Student and counselor, psychologist, or social worker–Exceptions.
19-19-508.1. Student and counselor, psychologist, or social worker–Exceptions. No counselor or school psychologist, certificated in accordance with the certification regulations of the South Dakota Board of Education Standards, or social worker licensed under chapter 36-26 and regularly employed as a counselor, school psychologist, or social worker for a private or public elementary or secondary school […]
Section 19-19-508.2 – College or university counselor and student–Exceptions–Qualifications of counselor.
19-19-508.2. College or university counselor and student–Exceptions–Qualifications of counselor. No counselor, regularly employed on a full-time basis as a counselor for a private or public college or university in the State of South Dakota, may divulge to any other person, or be examined concerning any information or communication given to the counselor in his official […]
Section 19-19-509 – Identity of informer.
19-19-509. Identity of informer. (a) Rule of privilege. The United States or a state or subdivision thereof has a privilege to refuse to disclose the identity of a person who has furnished information relating to or assisting in an investigation of a possible violation of a law to a law enforcement officer or member of […]
Section 19-19-510 – Waiver of privilege by voluntary disclosure.
19-19-510. Waiver of privilege by voluntary disclosure. A person upon whom this chapter confers a privilege against disclosure waives the privilege if he or his predecessor while holder of the privilege voluntarily discloses or consents to disclosure of any significant part of the privileged matter. This section does not apply if the disclosure itself is […]
Section 19-19-410 – Pleas, plea discussions, and related statements.
19-19-410. Pleas, plea discussions, and related statements. (a) Prohibited uses. In a civil or criminal case, evidence of the following is not admissible against the defendant who made the plea or participated in the plea discussions: (1)A guilty plea that was later withdrawn; (2)A nolo contendere plea; (3)A statement made during a proceeding on either […]
Section 19-19-411 – Liability insurance.
19-19-411. Liability insurance. Evidence that a person was or was not insured against liability is not admissible to prove whether the person acted negligently or otherwise wrongfully. But the court may admit this evidence for another purpose, such as proving a witness’s bias or prejudice or proving agency, ownership, or control. Source: SL 1979, ch […]
Section 19-19-411.1 – Statements and actions by health care providers not admissible to prove negligence in medical malpractice actions.
19-19-411.1. Statements and actions by health care providers not admissible to prove negligence in medical malpractice actions. No statement made by a health care provider apologizing for an adverse outcome in medical treatment, no offer to undertake corrective or remedial treatment or action, and no gratuitous act to assist affected persons is admissible to prove […]
Section 19-19-412 – Sex-offense cases–Victim’s sexual behavior or predisposition.
19-19-412. Sex-offense cases–Victim’s sexual behavior or predisposition. (a) Prohibited uses. The following evidence is not admissible in a civil or criminal proceeding involving alleged sexual misconduct: (1)Evidence offered to prove that a victim engaged in other sexual behavior; or (2)Evidence offered to prove a victim’s sexual predisposition. (b) Exceptions. (1)Criminal cases. The court may admit […]
Section 19-19-501 – Privileges recognized only as provided.
19-19-501. Privileges recognized only as provided. Except as otherwise provided by constitution or statute or by this chapter or other rules promulgated by the Supreme Court of this state, no person has a privilege to: (1)Refuse to be a witness; (2)Refuse to disclose any matter; (3)Refuse to produce any object or writing; or (4)Prevent another […]
Section 19-19-502 – Lawyer-client privilege.
19-19-502. Lawyer-client privilege. (a) Definitions. As used in this section: (1)A “client” is a person, a fiduciary of a trust or estate, public officer, or corporation, limited liability company, association, or other organization or entity, either public or private, who is rendered professional legal services by a lawyer, or who consults a lawyer with a […]