Title 19 — EVIDENCE
20 chapters · 185 sections in this title.
Physician's written report--Affidavit--Notice--Objection
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In personal injury and wrongful death cases if the prayer for relief does not exceed seventy-five thousand dollars and in worker's compensation proceedings, the written report of any practitioner of the healing arts as defined in chapter 36-2 may be used for all purposes in lieu …
SDCL § 19-19-804 Exceptions to rule against hearsay--When declarant unavailable as witness
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(a) Criteria for being unavailable. A declarant is considered to be unavailable as a witness if the declarant: (1) Is exempted from testifying about the subject matter of the declarant's statement because the court rules that a privilege applies; (2) Refuses to testify about the …
SDCL § 19-19-805 Hearsay within hearsay
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Hearsay within hearsay is not excluded by the rule against hearsay if each part of the combined statements conforms with an exception to the rule. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 805); SDCL § 19-16-36 ; SL 2016, ch 239 (Supreme Court Rule 15-59), eff. Jan. …
SDCL § 19-19-806 Attacking and supporting the declarant
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When a hearsay statement--or a statement described in subdivision 19-19-801(d)(2)(C), (D), or (E)--has been admitted in evidence, the declarant's credibility may be attacked, and then supported, by any evidence that would be admissible for those purposes if the declarant had test…
SDCL § 19-19-806.1 Statement by child under age thirteen or child with developmental disability regarding sex crime, physical abuse, or neglect
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A statement made by a child under the age of thirteen, or by a child thirteen years of age or older who is developmentally disabled as defined in § 27B-1-18 , describing any act of sexual contact or rape performed with or on the child by another, or describing any act of physical…
SDCL § 19-19-806.2 Statements alleging child abuse or neglect
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An out-of-court statement not otherwise admissible by statute or rule of evidence is admissible in evidence in any civil proceeding alleging child abuse or neglect or any proceeding for termination of parental rights if: (1) The statement was made by a child under the age of thir…
SDCL § 19-19-807 Residual exception
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(a) In general. Under the following conditions, a hearsay statement is not excluded by the rule against hearsay even if the statement is not admissible under a hearsay exception in § 19-19-803 or
SDCL § 19-19-901 Authenticating or identifying evidence
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(a) In general. To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is. (b) Examples. The following are examples only--not a complete lis…
SDCL § 19-19-902 Evidence that is self-authenticating
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The following items of evidence are self-authenticating. They require no extrinsic evidence of authenticity in order to be admitted. (1) Domestic public documents that are sealed and signed. A document that bears: (A) A seal purporting to be that of the United States; any state, …
SDCL § 19-19-903 Subscribing witnesses
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A subscribing witness's testimony is necessary to authenticate a writing only if required by the law of the jurisdiction that governs its validity. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 903); SDCL § 19-17-12 ; SL 2016, ch 239 (Supreme Court Rule 15-64), eff. Jan.…