Title 19, EVIDENCE

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 1…

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 …

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 …

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 wit…

The presiding judge may not testify as a witness at the trial. A party need not object to preserve the issue. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 605); SDCL § 19-14-5 ; SL 2016, ch 239 (Supreme Court Rule 15-38 ), eff. Jan. 1, 2016.

(a) At the trial. A juror may not testify as a witness before the other jurors at the trial. If a juror is called to testify, the court must give a party an opportunity to object outside the jury's presence. (b) During an inquiry into the validity of a verdict or indictment. (1) …

Any party, including the party that called the witness, may attack the witness's credibility. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 607); SDCL § 19-14-8 ; SL 2016, ch 239 (Supreme Court Rule 15-40), eff. Jan. 1, 2016.

(a) Reputation or opinion evidence. A witness's credibility may be attacked or supported by testimony about the witness's reputation for having a character for truthfulness or untruthfulness, or by testimony in the form of an opinion about that character. But evidence of truthful…

(a) In general. The following rules apply to attacking a witness's character for truthfulness by evidence of a criminal conviction: (1) For a crime that, in the convicting jurisdiction, was punishable by death or by imprisonment for more than one year, the evidence: (A) Must be a…

Evidence of a witness's religious beliefs or opinions is not admissible to attack or support the witness's credibility. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 610); SDCL § 19-14-17 ; SL 2016, ch 239 (Supreme Court Rule 15-43), eff. Jan. 1, 2016.

(a) Control by the court; purposes. The court should exercise reasonable control over the mode and order of examining witnesses and presenting evidence so as to: (1) Make those procedures effective for determining the truth; (2) Avoid wasting time; and (3) Protect witnesses from …

The courts of the State of South Dakota shall not require that witnesses, at time of questioning in open court, release their specific addresses unless it is required by due process or is in the interest of justice. Source: SL 1985, ch 410 (Supreme Court Rule 85-5); SDCL § 19-14-…

(a) Scope. This section gives an adverse party certain options when a witness uses a writing to refresh memory: (1) While testifying; or (2) Before testifying, if the court decides that justice requires the party to have those options. (b) Adverse party's options; deleting unrela…

(a) Showing or disclosing the statement during examination. When examining a witness about the witness's prior statement, a party need not show it or disclose its contents to the witness. But the party must, on request, show it or disclose its contents to an adverse party's attor…

(a) Calling. The court may call a witness on its own or at a party's request. Each party is entitled to cross-examine the witness. (b) Examining. The court may examine a witness regardless of who calls the witness. (c) Objections. A party may object to the court's calling or exam…

At a party's request, the court must order witnesses excluded so that they cannot hear other witnesses' testimony. Or the court may do so on its own. But this rule does not authorize excluding: (a) A party who is a natural person; (b) An officer or employee of a party that is not…

If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is: (a) Rationally based on the witness's perception; (b) Helpful to clearly understanding the witness's testimony or to determining a fact in issue; and (c) Not based on scien…

A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the proponent demonstrates to the court that it is more likely than not: (a) The expert's scientific, technical, or other speciali…

An expert may base an opinion on facts or data in the case that the expert has been made aware of or personally observed. If experts in the particular field would reasonably rely on those kinds of facts or data in forming an opinion on the subject, they need not be admissible for…

An opinion is not objectionable just because it embraces an ultimate issue. Source: SL 1993, ch 401 (Supreme Court Rule 93-18); SDCL § 19-15-4 ; SL 2016, ch 239 (Supreme Court Rule 15-52), eff. Jan. 1, 2016.

Unless the court orders otherwise, an expert may state an opinion--and give the reasons for it--without first testifying to the underlying facts or data. But the expert may be required to disclose those facts or data on cross-examination. Source: SL 2011, ch 238 (Supreme Court Ru…

(a) Appointment process. On a party's motion or on its own, the court may order the parties to show cause why expert witnesses should not be appointed and may ask the parties to submit nominations. The court may appoint any expert that the parties agree on and any of its own choo…

(a) Limitation on number called. The provisions of § 19-19-706 shall not preclude any party to either a criminal or civil proceeding from calling expert witnesses, but the court may impose reasonable limitations upon the number of witnesses so called. (b) Compensation. The fee of…

The following definitions apply under this article: (a) Statement. "Statement" means a person's oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion. (b) Declarant. "Declarant" means the person who made the statement. (c) Hearsay. "He…

Hearsay is not admissible unless any of the following provide otherwise: (1) A statute; (2) These rules; or (3) Other rules prescribed by the Supreme Court. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 802); SDCL § 19-16-4 ; SL 2016, ch 239 (Supreme Court Rule 15-56), e…

The statements described in this section are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness: (1) Present sense impression. A statement describing or explaining an event or condition, made while or immediately after the decl…

A report submitted by a party pursuant to § 19-19-803.2 is not excluded by § 19-19-802 , even though the physician is available as a witness. Source: SL 1984, ch 363 (Supreme Court Rule 84-9); SDCL § 19-16-8.1 .

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 …

(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 …

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. …

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…

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…

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…

(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 19-19-804 . (1) The statement is supported by sufficient guarantees of trustworthine…

(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…

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, …

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.…