™Your Policy Risk Impact Agent
20 chapters · 163 sections in this title.
SDCL § 19-19-802 Rule against hearsay
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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…
SDCL § 19-19-803 Exceptions to the rule against hearsay--Regardless of whether the declarant is available as a witness
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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…
SDCL § 19-19-803.1 Physician's written report in lieu of deposition or in-court testimony admissible
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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 .
SDCL § 19-19-803.2 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 …
