Title 19 — EVIDENCE
20 chapters · 185 sections in this title.
SDCL § 19-1-3 Attorney as witness
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When an attorney is a witness for his client upon any trial except as to merely formal matters such as the attestation or custody of an instrument or the like, he shall not further participate in such trial. This section shall not apply when such attorney's testimony is offered i…
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 …
SDCL § 19-3-1 Means of testimony enumerated
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The testimony of witnesses is taken in three modes: (1) By affidavit; (2) By deposition; (3) By oral examination. Source: CCivP 1877, § 463; CL 1887, § 5277; RCCivP 1903, § 503; RC 1919, § 2750; Supreme Court Rule 501, 1939; SDC 1939 & Supp 1960, § 36.0201.
SDCL § 19-3-10 Interpreters for deaf and mute persons--Proceedings for which required
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A qualified interpreter shall be appointed in the following cases for persons who are deaf or mute or both: (1) In any grand jury proceeding, when the witness is deaf or mute, or both; (2) In any court proceeding involving a person who is deaf or mute, or both, and such proceedin…
SDCL § 19-3-10.1 Sign language interpreters and relay service operators prohibited from divulging information--Misdemeanor
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No sign language interpreter or relay service operator who has interpreted for or relayed information for a deaf, speech impaired, or hard of hearing person may divulge to any other person any information or communication given to him in his capacity as such an interpreter or rel…
SDCL § 19-3-12 Appointing authority for interpreters--Fees for services
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All interpreters appointed under the provisions of § 19-3-10 shall be appointed by the judge if the appearance is before any court or by the chairman or presiding or executive officer of any board, commission, or agency by which the proceeding involving such person is being condu…
SDCL § 19-3-14 Inherent judicial power not limited
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Section 19-3-10 shall not be construed to limit the inherent power of a court to appoint an interpreter in other cases. Source: SL 1974, ch 164 , § 5; SL 1979, ch 154 , § 14.
SDCL § 19-3-2 Affidavit defined
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An affidavit is a written declaration under oath made without notice to the adverse party. Source: CCivP 1877, § 464; CL 1887, § 5278; RCCivP 1903, § 504; RC 1919, § 2751; Supreme Court Rule 502, 1939; SDC 1939 & Supp 1960, § 36.0202.
SDCL § 19-3-3 Deposition defined
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A deposition is a written declaration under oath made upon notice to the adverse party for the purpose of enabling him to attend and cross - examine; or upon written interrogatories. Source: CCivP 1877, § 465; CL 1887, § 5279; RCCivP 1903, § 505; RC 1919, § 2752; Supreme Court Ru…
SDCL § 19-3-4 Oral examination defined
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An oral examination is an examination in the presence of the court, tribunal, or person authorized to take testimony. Source: CCivP 1877, § 466; CL 1887, § 5280; RCCivP 1903, § 506; RC 1919, § 2753; Supreme Court Rule 502, 1939; SDC 1939 & Supp 1960, § 36.0202. 19-3-5. Repealed b…
Interpreter for witness unable to communicate in English--Compensation
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When a witness cannot communicate or understand the English language the court shall procure and appoint a disinterested interpreter or translator for him who shall be compensated for those services as the court shall certify to be reasonable and just, to be paid and collected as…
SDCL § 19-3-8 Repealed by SL 2012, ch 115 , § 1
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19-3-9. Repealed by SL 1979, ch 154 , § 9
SDCL § 19-4-1 Place and person before whom affidavit made
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An affidavit may be made in or out of this state before any person authorized to administer an oath. Source: CCivP 1877, § 468; SL 1885, ch 2 , § 1; CL 1887, § 5282; RCCivP 1903, § 508; RC 1919, § 2755; Supreme Court Rule 503, 1939; SDC 1939 & Supp 1960, § 36.0203.
SDCL § 19-4-10 Foundation proof not required for certified copy--Procedure on establishment of falsity
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No foundation proof of the signature of the certifying officer or of the seal or absence of seal shall be required to admit the certificate and copy certified in evidence, but if any party to the proceeding shall prove at any stage of the proceeding that the certificate is not th…
SDCL § 19-4-2 Use of affidavits in actions and proceedings
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An affidavit may be used to verify a pleading, to prove the service of a summons, notice, or other process in an action, to obtain a provisional remedy, an examination of a witness, a stay of proceedings, or upon a motion, and in any other case permitted by law. Source: CCivP 187…
SDCL § 19-4-3 Title not required on affidavit
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It shall not be necessary to entitle an affidavit in the action or proceeding, but an affidavit made without a title, or with a defective title, shall be as valid and effectual, for every purpose, as if it were duly entitled, if it intelligibly refer to the action or proceeding i…
SDCL § 19-4-6 Affidavit after search of newspaper files prima facie evidence of publication of notice
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If the affidavit of publication described in § 17-2-22.1 cannot be procured, and the files of such newspaper for the period involved are available, then any person may inspect such file and make affidavit as to the facts appearing therein, and that such newspaper was at the time …
SDCL § 19-4-9 Statements in certification of writing for introduction into evidence--Seal
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Whenever a copy of a writing is certified for the purpose of being offered in evidence before any court or any officer, board, or tribunal, the certificate must state in substance that the copy is a correct copy of the original, or of a specified part thereof, as the case may be.…
SDCL § 19-5-1 Fees and mileage payments of witnesses
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Each witness shall receive, for each day's attendance before any court, board, or tribunal in any civil or criminal case twenty dollars and mileage at such rate as may be established pursuant to §
SDCL § 19-5-10 Amount of undertaking for appearance by witness endorsed on attachment
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If the attachment issued pursuant to § 19-5-8 be not for immediately bringing the witness before the court or officer, a sum may be fixed in which the witness may give an undertaking with surety for his appearance. Such sum shall be endorsed on the back of the attachment, and if …
SDCL § 19-5-11 Show cause order when witness not personally served
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If the witness be not personally served, the court may order him to show cause why an attachment should not issue against him. Source: CCivP 1877, § 454; CL 1887, § 5268; RCCivP 1903, § 494; RC 1919, § 2741; SDC 1939 & Supp 1960, § 36.0305.
SDCL § 19-5-12 Punishment for contempt by witness
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The punishment for the contempt described in § 19-5-8 shall be as follows: when the witness fails to attend, in obedience to the subpoena, except in case of demand and failure to pay his fees, the court or officer may fine the witness in a sum not exceeding fifty dollars. In othe…
SDCL § 19-5-13 Application for discharge of imprisoned witness
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A witness imprisoned pursuant to § 19-5-12 by an officer before whom his deposition is being taken may apply to a judge of the circuit court, who shall have the power to discharge him, if it appear that his imprisonment is illegal. Source: CCivP 1877, § 456; CL 1887, § 5270; RCCi…
SDCL § 19-5-14 Civil liability of witness for failure to attend or give testimony
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The witness shall also be liable to the party injured for any damages occasioned by his failure to attend, or his refusal to be sworn, testify, or give his deposition. Source: CCivP 1877, § 455; CL 1887, § 5269; RCCivP 1903, § 495; RC 1919, § 2742; SDC 1939 & Supp 1960, § 36.0306…
SDCL § 19-5-16 Fraud or deceit to affect testimony of witness as misdemeanor
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Every person who practices any fraud or deceit, or knowingly makes or exhibits any false statement, representation, token, or writing, to any witness or person about to be called as a witness, upon any trial, proceeding, inquiry, or investigation authorized by law, with intent to…
SDCL § 19-5-2 Public officers and employees not entitled to fees when testifying for state or subdivision--Mileage payable
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No officer or employee of the State of South Dakota or of any political subdivision thereof including municipalities of the first class shall be paid any fees for giving testimony or evidence in any civil or criminal proceeding or action on behalf of the state or any political su…
SDCL § 19-5-3 Witness immune from service of summons while outside county of residence under subpoena
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A witness shall not be liable to be sued in a county in which he does not reside, by being served with a summons in such county while going, returning, or attending in obedience to a subpoena. Source: CCivP 1877, § 460; CL 1887, § 5274; RCCivP 1903, § 500; RC 1919, § 2747; SDC 19…
SDCL § 19-5-4 Requiring attendance of witness for deposition to be used in another jurisdiction
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Whenever under any mandate, writ, or commission issued out of any court of record in any other state, territory, district, or foreign jurisdiction, or whenever upon notice or agreement, it is required to take the testimony of a witness or witnesses in this state, witnesses may be…
SDCL § 19-5-5 Prisoner produced for oral examination in county
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A person confined in any prison, facility, or program under the control of the Department of Corrections pursuant to § 1-15-1.4 , may, by order of any court, be required to be produced for oral examination, by the Department of Corrections, in the county where the person is impri…
SDCL § 19-5-6 Prisoners outside county to be examined by deposition--Facilities for taking deposition
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Except as provided by § 19-5-5 , the examination of a person confined in any prison, facility, or program under the control of the Department of Corrections pursuant to § 1-15-1.4 , shall be by deposition. While an inmate's deposition is being taken, the inmate shall remain in th…
SDCL § 19-5-7 Disobedience of subpoena or refusal to testify as contempt
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Disobedience of a subpoena, or a refusal to be sworn, or to answer as a witness, or to subscribe a deposition, when lawfully ordered, may be punished as a contempt of the court or officer, by whom his attendance or testimony is required. Source: CCivP 1877, § 453; CL 1887, § 5267…
SDCL § 19-5-8 Attachment issued on disobedience of subpoena by witness
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When a witness fails to attend in obedience to a subpoena, except in case of a demand and failure to pay his fees, the court or officer before whom his attendance is required may issue an attachment to the sheriff, coroner, or constable of the county, commanding him to arrest and…
SDCL § 19-5-9 Seal and contents of attachment and commitment order for witness--Direction and execution of order
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Every attachment for the arrest or order of commitment to prison of a witness, by a court or officer, pursuant to this chapter, must be under the seal of the court or officer, if he have an official seal, and must specify particularly the cause of the arrest or commitment; and if…
SDCL § 19-7-12 Photographic copies of business and public records
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If any business, institution, member of a profession or calling, or any department or agency of government, in the regular course of business or activity has kept or recorded any memorandum, writing, entry, print, representation, or combination thereof, of any act, transaction, o…
SDCL § 19-7-13 Common law and statutory methods of proof unimpaired
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Nothing in this title relating to proof of laws, regulations, records, or documents shall prevent proof of the same or lack of entry therein by any other method authorized by any applicable statute or by the rules of evidence at common law. Source: Supreme Court Rule 553, 1939; S…
SDCL § 19-7-14 Suppression or destruction of documentary evidence as misdemeanor
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Every person who maliciously practices any deceit or fraud or uses any force or threat with intent to prevent any party to an action, proceeding, trial, investigation, or inquiry from obtaining or producing therein any book, document, paper, record, or other matter or thing which…
SDCL § 19-7-15 Admissible hearing and trial transcripts
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The only transcript of any hearing, court trial or jury trial conducted by the Unified Judicial System that is admissible in evidence shall be that prepared by an official court reporter or court recorder or freelance reporter on contract with the Unified Judicial System. Source:…