Title 19 — EVIDENCE

Nothing contained in this title shall affect the power of the court to take judicial notice of the common law and statutes of other jurisdictions nor to accept proof of the same as provided in chapter 19-8 . Source: CCivP 1877, § 488; CL 1887, § 5302; RCCivP 1903, § 528; RC 1919,…

Every court of this state shall take judicial notice of the common law and statutes of every state, territory, and other jurisdiction of the United States. Source: SL 1937, ch 257 , § 1; Supreme Court Rule 547, 1939; SDC 1939 & Supp 1960, § 36.0702.

The determination of the laws referred to in § 19-8-1 shall be made by the court and not by the jury, and shall be reviewable. Source: SL 1937, ch 257 , § 3; Supreme Court Rule 547, 1939; SDC 1939 & Supp 1960, § 36.0702.

The court may inform itself of the laws referred to in § 19-8-1 in such manner as it may deem proper, and the court may call upon counsel to aid it in obtaining such information. Source: SL 1937, ch 257 , § 2; Supreme Court Rule 547, 1939; SDC 1939 & Supp 1960, § 36.0702.

Any party may also present to the trial court any admissible evidence of the laws referred to in § 19-8-1 , but, to enable a party to offer evidence of the law in another jurisdiction or to ask that judicial notice be taken thereof, reasonable notice shall be given to the adverse…

The law of a jurisdiction other than those referred to in § 19-8-1 shall be an issue for the court, but shall not be subject to the provisions of §§ 19-8-1 to 19-8-4 , inclusive, concerning judicial notice. Source: SL 1937, ch 257 , § 5; Supreme Court Rule 547, 1939; SDC 1939 & S…

This chapter may be cited as the Uniform Judicial Notice of Foreign Law Act. Source: SL 1937, ch 257 , § 7; Supreme Court Rule 547, 1939; SDC 1939 & Supp 1960, § 36.0702.

No court, administrative agency, or other governmental agency may enforce any provisions of any religious code. Source: SL 2012, ch 116 , § 1.

This chapter may be cited as the Uniform Mediation Act. Source: SL 2008, ch 286 (Supreme Court Rule 07-07), eff. Jan. 1, 2008.

An attorney or other individual designated by a party may accompany the party to and participate in a mediation. A waiver of participation given before the mediation may be rescinded. Source: SL 2008, ch 286 (Supreme Court Rule 07-07), eff. Jan. 1, 2008.

(a) In this section, "Model Law" means the Model Law on International Commercial Conciliation adopted by the United Nations Commission on International Trade Law on 28 June 2002 and recommended by the United Nations General Assembly in a resolution (A/RES/57/18) dated 19 November…

This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but this chapter does not modify, limit, or supersede Section 101(c) of that Act or authorize electronic delivery of any of the noti…

In applying and construing this chapter, consideration should be given to the need to promote uniformity of the law with respect to its subject matter among States that enact it. Source: SL 2008, ch 286 (Supreme Court Rule 07-07), eff. Jan. 1, 2008.

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provision…

(a) This chapter governs a mediation pursuant to a referral or an agreement to mediate made on or after January 1, 2008. (b) On or after January 1, 2008, this chapter governs an agreement to mediate whenever made. Source: SL 2008, ch 286 (Supreme Court Rule 07-07), eff. Jan. 1, 2…

In this chapter: (1) "Mediation" means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute. (2) "Mediation communication" means a statement, whether oral or in a record or…

(a) Except as otherwise provided in subsection (b) or (c), this chapter applies to a mediation in which: (1) the mediation parties are required to mediate by statute or court or administrative agency rule or referred to mediation by a court, administrative agency, or arbitrator; …

(a) Except as otherwise provided in § 19-13A-6 , a mediation communication is privileged as provided in subsection (b) and is not subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by §

(a) A privilege under § 19-13A-4 may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation and: (1) in the case of the privilege of a mediator, it is expressly waived by the mediator; and (2) in the case of the privilege of …

(a) There is no privilege under § 19-13A-4 for a mediation communication that is: (1) in an agreement evidenced by a record signed by all parties to the agreement; (2) made during a session of a mediation which is open or is required by law to be open, to the public; (3) a threat…

(a) Except as required in subsection (b), a mediator may not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, administrative agency, or other authority that may make a ruling on the dispute that is the subjec…

Unless subject to § 1-25-1 , mediation communications are confidential to the extent agreed by the parties or provided by other law or rule of this State. Source: SL 2008, ch 286 (Supreme Court Rule 07-07), eff. Jan. 1, 2008.

(a) Before accepting a mediation, an individual who is requested to serve as a mediator shall: (1) make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiali…

19-14-4.1. Transferred to § 19-19-604.

19-14-5. Transferred to § 19-19-605. 19-14-6, 19-14-7. Transferred to § 19-19-606. 19-14-8. Transferred to § 19-19-607. 19-14-9 to 19-14-11. Transferred to § 19-19-608. 19-14-12 to 19-14-16. Transferred to § 19-19-609. 19-14-17. Transferred to § 19-19-610. 19-14-18. Transferred t…

[Repealed or reserved.]

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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 prof…

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(a) A "writing" consists of letters, words, numbers, or their equivalent set down in any form. (b) A "recording" consists of letters, words, numbers, or their equivalent recorded in any manner. (c) A "photograph" means a photographic image or its equivalent stored in any form. (d…

An original writing, recording, or photograph is required in order to prove its content unless this chapter or rules adopted by the Supreme Court of this state, or a state statute provides otherwise. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 1002); SDCL § 19-18-2 ; S…

A duplicate is admissible to the same extent as the original unless a genuine question is raised about the original's authenticity or the circumstances make it unfair to admit the duplicate. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 1003); SDCL § 19-18-3 ; SL 2016, c…

An original is not required and other evidence of the content of a writing, recording, or photograph is admissible if: (a) All the originals are lost or destroyed, and not by the proponent acting in bad faith; (b) An original cannot be obtained by any available judicial process; …