19-19-401. Test for relevant evidence. Evidence is relevant if: (a)It has any tendency to make a fact more or less probable than it would be without the evidence; and (b)The fact is of consequence in determining the action. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 401); SDCL §19-12-1; SL 2016, ch 239 […]
19-19-402. Relevant evidence generally admissible–Irrelevant evidence inadmissible. All relevant evidence is admissible, except as otherwise provided by constitution or statute or by this chapter or other rules promulgated by the Supreme Court of this state. Evidence which is not relevant is not admissible. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 402); SDCL […]
19-19-403. Excluding relevant evidence for prejudice, confusion, waste of time, or other reasons. The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence. Source: SL […]
19-19-404. Character evidence–Crimes or other acts. (a) Character evidence. (1)Prohibited uses. Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait. (2)Exceptions for a defendant or victim in a criminal case. The following exceptions apply in a […]
19-19-405. Methods of proving character. (a) By reputation or opinion. When evidence of a person’s character or character trait is admissible, it may be proved by testimony about the person’s reputation or by testimony in the form of an opinion. On cross-examination of the character witness, the court may allow an inquiry into relevant specific […]
19-19-406. Habit–Routine practice. Evidence of a person’s habit or an organization’s routine practice may be admitted to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice. The court may admit this evidence regardless of whether it is corroborated or whether there was an eyewitness. Source: […]
19-19-407. Subsequent remedial measures. When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove: (1)Negligence; (2)Culpable conduct; (3)A defect in a product or its design; or (4)A need for a warning or instruction. But the court may admit […]
19-19-408. Compromise offers and negotiations. (a) Prohibited uses. Evidence of the following is not admissible–on behalf of any party–either to prove or disprove the validity or amount of a disputed claim or to impeach by a prior inconsistent statement or a contradiction: (1)Furnishing, promising, or offering–or accepting, promising to accept, or offering to accept–a valuable […]
19-19-409. Offers to pay medical and similar expenses. Evidence of furnishing, promising to pay, or offering to pay medical, hospital, or similar expenses resulting from an injury is not admissible to prove liability for the injury. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 409); SDCL §19-12-11; SL 2016, ch 239 (Supreme Court […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
19-19-503. Physician and psychotherapist-patient privilege. (a) Definitions. As used in this section: (1)A “patient” is a person who consults or is examined or interviewed by a physician or psychotherapist; (2)A “physician” is a person authorized in any state or nation to engage in the diagnosis or treatment of any human ill, or reasonably believed by […]
19-19-504. Spousal privilege. (a) Definition. A communication is confidential if it is made privately by any person to his or her spouse during their marriage and is not intended for disclosure to any other person. (b) General rule of privilege. An accused in a criminal proceeding has a privilege to prevent his spouse from testifying […]
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 […]
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 […]
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 […]
