Title 19 — EVIDENCE
20 chapters · 185 sections in this title.
SDCL § 19-2-11 Self - incrimination provisions not applicable to perjury prosecutions
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The various statutes, which declare that evidence obtained upon the examination of a person as a witness shall not be received against him in any criminal proceeding, do not forbid such evidence being proved against such person upon any proceedings founded upon a charge of perjur…
SDCL § 19-2-12 No physician-patient privilege if death or substantial bodily harm likely
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There is no privilege under subdivision 19-19-503(b) as to any communication to a physician licensed under chapter 36-4 relevant to the physical, mental, or emotional condition of a patient if, under the circumstances, the physician reasonably believes actions by the patient are …
SDCL § 19-2-13 Medical privacy
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The production of a record of a health care provider, whether in litigation or in contemplation of litigation, does not waive any privilege which exists with respect to the record, other than for the use in which it is produced. Any person or entity receiving such a record may no…
SDCL § 19-2-14 Definitions pertaining to journalist and newscaster privilege
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Terms used in §§ 19-2-14 to 19-2-20 , inclusive, mean: (1) "Journalist," any person who, for pay, is engaged in gathering, preparing, collecting, writing, editing, filming, taping, or photographing news for publication in or with a newspaper, magazine, news agency, press associat…
SDCL § 19-2-15 Journalist and newscaster privilege
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A journalist or newscaster who is or has previously been employed by or otherwise associated with any newspaper, magazine, news agency, press association, wire service, radio or television transmission station or network has a privilege to refuse to disclose, and to prevent any o…
SDCL § 19-2-16 Contempt prohibited for asserting journalist and newscaster privilege
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Notwithstanding any other law, a court in connection with any civil or criminal proceeding, the Legislature, any agency or other public body in the state having the power of contempt, may not hold in contempt any journalist or newscaster for asserting the privilege under §
SDCL § 19-2-17 Information to which journalist and newscaster privilege applies
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The privilege asserted in accordance with § 19-2-15 applies to any information the journalist or newscaster refuses to disclose, notwithstanding whether: (1) A court, the Legislature, or any agency or public body in the state deems the information to be highly relevant to a parti…
SDCL § 19-2-18 Information obtained in violation of § 19-2-15 inadmissible
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Any information obtained in violation of § 19-2-15 is inadmissible in any action, proceeding, or hearing before the Legislature, any court, or any other agency or public body in the state. Source: SL 2019, ch 102 , § 5.
SDCL § 19-2-19 Fine or imprisonment prohibited for asserting journalist and newscaster privilege
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No fine or term of imprisonment may be imposed upon any journalist or newscaster for asserting a privilege in accordance with §
SDCL § 19-2-20 Journalist and newscaster privilege applies to supervisors and employers
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The privilege asserted in accordance with § 19-2-15 applies to any supervisor or employer having authority over the journalist or newscaster, including any faculty advisor, educational institution, newspaper, magazine, or television or transmission station or network that is asso…
SDCL § 19-2-3 Physician-patient privilege waived when health of person in issue--Waiver to be closely tailored--In camera review if party objects to discovery
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In any action or proceeding or quasi-judicial administrative proceeding, if the physical or mental health of any person is in issue, any privilege under subdivision 19-19-503(b) is waived at trial or for the purpose of discovery under chapter 15-6 if such action or proceeding is …
SDCL § 19-2-3.2 Physician-patient privilege waived in criminal proceeding
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In any action or proceeding of a criminal nature, if the physical or mental condition of any person is in issue, any privilege under subdivision 19-19-503(b) shall conclusively be deemed to be waived for the purpose of proving the commission of a criminal offense or for the purpo…
SDCL § 19-2-8 Court to advise witnesses as to privileged communications and privilege against self - incrimination
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It shall be the duty of the court, of its own motion and without waiting for objection, to advise a witness at the appropriate time of his right to refuse to answer any question requiring the disclosure of any privileged communication or requiring or tending to require the witnes…
SDCL § 19-2-9 Protection of privileges of persons not present
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In all cases where it shall appear to the court that any person who is not present nor represented at the hearing should be protected in his right to have any communication made under the confidential relations provisions of §§ 19-19-502 to 19-19-505 , inclusive, and § 19-19-508 …