19-19-1001. Definitions that apply to this article. (a) A “writing” consists of letters, words, numbers, or their equivalent set down in any form. (b) A “recording” consists of letters, words, numbers, or their equivalent recorded in any manner. (c) A “photograph” means a photographic image or its equivalent stored in any form. (d) An “original” […]
19-19-1002. Requirement of the original. An original writing, recording, or photograph is required in order to prove its content unless this chapter or rules adopted by the Supreme Court of this state, or a state statute provides otherwise. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 1002); SDCL §19-18-2; SL 2016, ch 239 […]
19-19-1003. Admissibility of duplicates. A duplicate is admissible to the same extent as the original unless a genuine question is raised about the original’s authenticity or the circumstances make it unfair to admit the duplicate. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 1003); SDCL §19-18-3; SL 2016, ch 239 (Supreme Court Rule […]
19-19-1004. Admissibility of other evidence of content. An original is not required and other evidence of the content of a writing, recording, or photograph is admissible if: (a)All the originals are lost or destroyed, and not by the proponent acting in bad faith; (b)An original cannot be obtained by any available judicial process; (c)The party […]
19-19-1005. Copies of public records to prove content. The proponent may use a copy to prove the content of an official record–or of a document that was recorded or filed in a public office as authorized by law–if these conditions are met: the record or document is otherwise admissible; and the copy is certified as […]
19-19-1006. Summaries to prove content. The proponent may use a summary, chart, or calculation to prove the content of voluminous writings, recordings, or photographs that cannot be conveniently examined in court. The proponent must make the originals or duplicates available for examination or copying, or both, by other parties at a reasonable time and place. […]
19-19-1007. Testimony or statement of a party to prove content. The proponent may prove the content of a writing, recording, or photograph by the testimony, deposition, or written statement of the party against whom the evidence is offered. The proponent need not account for the original. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, […]
19-19-1008. Functions of the court and jury. Ordinarily, the court determines whether the proponent has fulfilled the factual conditions for admitting other evidence of the content of a writing, recording, or photograph under §19-19-1004 or 19-19-1005. But in a jury trial, the jury determines–in accordance with subdivision 19-19-104(b)–any issue about whether: (a)An asserted writing, recording, […]
19-19-1009. TDD and TTY communications inadmissible as evidence. The writings or tapes resulting from any communication directly or indirectly through TDD or TTY are inadmissible as evidence of those communications in any court of law, legal proceeding, or administrative hearing. This section does not preclude the interception of wire communications pursuant to lawful court order […]
19-19-101. Scope–Definitions. (a) Scope. This chapter governs proceedings in the courts of this state to the extent and with the exceptions stated in §19-19-1101. (b) Definitions. In these rules: (1)”Civil case” means a civil action or proceeding; (2)”Criminal case” includes a criminal proceeding; (3)”Public office” includes a public agency; (4)”Record” includes a memorandum, report, or […]
19-19-102. Purpose. This chapter should be construed so as to administer every proceeding fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law, to the end of ascertaining the truth and securing a just determination. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 102); SDCL §19-9-2; SL 2016, ch 239 […]
19-19-103. Rulings on evidence. (a) Preserving a claim of error. A party may claim error in a ruling to admit or exclude evidence only if the error affects a substantial right of the party and: (1)If the ruling admits evidence, a party, on the record: (A)Timely objects or moves to strike; and (B)States the specific […]
19-19-104. Preliminary questions. (a) In general. The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible. In so deciding, the court is not bound by evidence rules, except those on privilege. (b) Relevance that depends on a fact. When the relevance of evidence depends on […]
19-19-105. Limiting evidence that is not admissible against other parties or for other purposes. If the court admits evidence that is admissible against a party or for a purpose–but not against another party or for another purpose–the court, on timely request, must restrict the evidence to its proper scope and instruct the jury accordingly. Source: […]
19-19-106. Remainder of or related writings or recorded statements. If a party introduces all or part of a writing or recorded statement, an adverse party may require the introduction, at that time, of any other part–or any other writing or recorded statement–that in fairness ought to be considered at the same time. Source: SL 1979, […]
19-19-1101. Applicability of chapter. Except as otherwise provided in this section, this chapter applies to all actions and proceedings in the courts of this state. This chapter other than those sections with respect to privileges does not apply in the following situations: (1)The determination of questions of fact preliminary to admissibility of evidence when the […]
19-19-1102. Title. This chapter shall be known and may be cited as the South Dakota Rules of Evidence. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 1102); SDCL §19-9-15.
19-19-201. Judicial notice of adjudicative facts. (a) Scope. This section governs judicial notice of an adjudicative fact only, not a legislative fact. (b) Kinds of facts that may be judicially noticed. The court may judicially notice a fact that is not subject to reasonable dispute because it: (1)Is generally known within the trial court’s territorial […]
19-19-301. Presumptions in civil cases. In all civil actions and proceedings, unless otherwise provided for by statute or by this chapter, a presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of […]
19-19-302. Presumptions in criminal cases. (a) Scope. Except as otherwise provided by statute, in criminal cases, presumptions against an accused, recognized at common law or created by statute, including statutory provisions that certain facts are prima facie evidence of other facts or of guilt, are governed by this section. (b) Submission to jury. The court […]
