South Dakota Codified Laws
Title 19 - Evidence

Section 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. - 19-2-3. Physician-patient privilege waived when health of person in issue--Waiver...

Section 19-2-3.2 - Physician-patient privilege waived in criminal proceeding. - 19-2-3.2. Physician-patient privilege waived in criminal proceeding. In any action...

Section 19-2-8 - Court to advise witnesses as to privileged communications and privilege against self-incrimination. - 19-2-8. Court to advise witnesses as to privileged communications and...

Section 19-2-9 - Protection of privileges of persons not present. - 19-2-9. Protection of privileges of persons not present. In all...

Section 19-2-11 - Self-incrimination provisions not applicable to perjury prosecutions. - 19-2-11. Self-incrimination provisions not applicable to perjury prosecutions. The various...

Section 19-2-12 - No physician-patient privilege if death or substantial bodily harm likely. - 19-2-12. No physician-patient privilege if death or substantial bodily harm...

Section 19-2-13 - Medical privacy. - 19-2-13. Medical privacy. The production of a record of a...

Section 19-2-14 - Definitions pertaining to journalist and newscaster privilege. - 19-2-14. Definitions pertaining to journalist and newscaster privilege. Terms used...

Section 19-2-15 - Journalist and newscaster privilege. - 19-2-15. Journalist and newscaster privilege. A journalist or newscaster who...

Section 19-2-16 - Contempt prohibited for asserting journalist and newscaster privilege. - 19-2-16. Contempt prohibited for asserting journalist and newscaster privilege. Notwithstanding...

Section 19-2-17 - Information to which journalist and newscaster privilege applies. - 19-2-17. Information to which journalist and newscaster privilege applies. The...

Section 19-2-18 - Information obtained in violation of § 19-2-15 inadmissible. - 19-2-18. Information obtained in violation of §19-2-15 inadmissible. Any information...

Section 19-2-19 - Fine or imprisonment prohibited for asserting journalist and newscaster privilege. - 19-2-19. Fine or imprisonment prohibited for asserting journalist and newscaster...

Section 19-2-20 - Journalist and newscaster privilege applies to supervisors and employers. - 19-2-20. Journalist and newscaster privilege applies to supervisors and employers....

Chapter 03 - Methods Of Taking Testimony

Section 19-3-1 - Means of testimony enumerated. - 19-3-1. Means of testimony enumerated. The testimony of witnesses is...

Section 19-3-2 - Affidavit defined. - 19-3-2. Affidavit defined. An affidavit is a written declaration under...

Section 19-3-3 - Deposition defined. - 19-3-3. Deposition defined. A deposition is a written declaration under...

Section 19-3-4 - Oral examination defined. - 19-3-4. Oral examination defined. An oral examination is an examination...

Section 19-3-7 - Interpreter for witness unable to communicate in English--Compensation. - 19-3-7. Interpreter for witness unable to communicate in English--Compensation. When...

Section 19-3-10 - Interpreters for deaf and mute persons--Proceedings for which required. - 19-3-10. Interpreters for deaf and mute persons--Proceedings for which required....

Section 19-3-10.1 - Sign language interpreters and relay service operators prohibited from divulging information--Misdemeanor. - 19-3-10.1. Sign language interpreters and relay service operators prohibited from...

Section 19-3-12 - Appointing authority for interpreters--Fees for services. - 19-3-12. Appointing authority for interpreters--Fees for services. All interpreters appointed...

Section 19-3-14 - Inherent judicial power not limited. - 19-3-14. Inherent judicial power not limited. Section 19-3-10 shall not...

Chapter 04 - Affidavits And Certificates

Section 19-4-1 - Place and person before whom affidavit made. - 19-4-1. Place and person before whom affidavit made. An affidavit...

Section 19-4-2 - Use of affidavits in actions and proceedings. - 19-4-2. Use of affidavits in actions and proceedings. An affidavit...

Section 19-4-3 - Title not required on affidavit. - 19-4-3. Title not required on affidavit. It shall not be...

Section 19-4-6 - Affidavit after search of newspaper files prima facie evidence of publication of notice. - 19-4-6. Affidavit after search of newspaper files prima facie evidence...

Section 19-4-9 - Statements in certification of writing for introduction into evidence--Seal. - 19-4-9. Statements in certification of writing for introduction into evidence--Seal....

Section 19-4-10 - Foundation proof not required for certified copy--Procedure on establishment of falsity. - 19-4-10. Foundation proof not required for certified copy--Procedure on establishment...

Chapter 05 - Subpoena And Attendance Of Witnesses

Section 19-5-1 - Fees and mileage payments of witnesses. - 19-5-1. Fees and mileage payments of witnesses. Each witness shall...

Section 19-5-2 - Public officers and employees not entitled to fees when testifying for state or subdivision--Mileage payable. - 19-5-2. Public officers and employees not entitled to fees when...

Section 19-5-3 - Witness immune from service of summons while outside county of residence under subpoena. - 19-5-3. Witness immune from service of summons while outside county...

Section 19-5-4 - Requiring attendance of witness for deposition to be used in another jurisdiction. - 19-5-4. Requiring attendance of witness for deposition to be used...

Section 19-5-5 - Prisoner produced for oral examination in county. - 19-5-5. Prisoner produced for oral examination in county. A person...

Section 19-5-6 - Prisoners outside county to be examined by deposition--Facilities for taking deposition. - 19-5-6. Prisoners outside county to be examined by deposition--Facilities for...

Section 19-5-7 - Disobedience of subpoena or refusal to testify as contempt. - 19-5-7. Disobedience of subpoena or refusal to testify as contempt....

Section 19-5-8 - Attachment issued on disobedience of subpoena by witness. - 19-5-8. Attachment issued on disobedience of subpoena by witness. When...

Section 19-5-9 - Seal and contents of attachment and commitment order for witness--Direction and execution of order. - 19-5-9. Seal and contents of attachment and commitment order for...

Section 19-5-10 - Amount of undertaking for appearance by witness endorsed on attachment. - 19-5-10. Amount of undertaking for appearance by witness endorsed on...

Section 19-5-11 - Show cause order when witness not personally served. - 19-5-11. Show cause order when witness not personally served. If...

Section 19-5-12 - Punishment for contempt by witness. - 19-5-12. Punishment for contempt by witness. The punishment for the...

Section 19-5-13 - Application for discharge of imprisoned witness. - 19-5-13. Application for discharge of imprisoned witness. A witness imprisoned...

Section 19-5-14 - Civil liability of witness for failure to attend or give testimony. - 19-5-14. Civil liability of witness for failure to attend or...

Section 19-5-16 - Fraud or deceit to affect testimony of witness as misdemeanor. - 19-5-16. Fraud or deceit to affect testimony of witness as...

Chapter 07 - Documents, Records And Judicial Proceedings

Section 19-7-3 - Judicial notice powers unaffected. - 19-7-3. Judicial notice powers unaffected. Nothing contained in this title...

Section 19-7-12 - Photographic copies of business and public records. - 19-7-12. Photographic copies of business and public records. If any...

Section 19-7-13 - Common law and statutory methods of proof unimpaired. - 19-7-13. Common law and statutory methods of proof unimpaired. Nothing...

Section 19-7-14 - Suppression or destruction of documentary evidence as misdemeanor. - 19-7-14. Suppression or destruction of documentary evidence as misdemeanor. Every...

Section 19-7-15 - Admissible hearing and trial transcripts. - 19-7-15. Admissible hearing and trial transcripts. The only transcript of...

Chapter 08 - Proof Of Foreign Law

Section 19-8-1 - Judicial notice of law of jurisdictions within United States. - 19-8-1. Judicial notice of law of jurisdictions within United States....

Section 19-8-2 - Determination of foreign law made by court--Review. - 19-8-2. Determination of foreign law made by court--Review. The determination...

Section 19-8-3 - Informing court of foreign law--Assistance by counsel. - 19-8-3. Informing court of foreign law--Assistance by counsel. The court...

Section 19-8-4 - Evidence of foreign law--Notice of issue to adverse parties. - 19-8-4. Evidence of foreign law--Notice of issue to adverse parties....

Section 19-8-5 - Law of foreign countries determined by court--Judicial notice not taken. - 19-8-5. Law of foreign countries determined by court--Judicial notice not...

Section 19-8-6 - Citation of chapter. - 19-8-6. Citation of chapter. This chapter may be cited as...

Section 19-8-7 - Religious code. - 19-8-7. Religious code. No court, administrative agency, or other governmental...

Chapter 13A - Uniform Mediation Act

Section 19-13A-1 - Title. - 19-13A-1. Title. This chapter may be cited as the Uniform...

Section 19-13A-2 - Definitions. - 19-13A-2. Definitions. In this chapter: (1)"Mediation" means a process in...

Section 19-13A-3 - Scope. - 19-13A-3. Scope. (a) Except as otherwise provided in subsection (b)...

Section 19-13A-4 - Privilege against disclosure--Admissibility--Discovery. - 19-13A-4. Privilege against disclosure--Admissibility--Discovery. (a) Except as otherwise provided in...

Section 19-13A-5 - Waiver and preclusion of privilege. - 19-13A-5. Waiver and preclusion of privilege. (a) A privilege under...

Section 19-13A-6 - Exceptions to privilege. - 19-13A-6. Exceptions to privilege. (a) There is no privilege under...

Section 19-13A-7 - Prohibited mediator reports. - 19-13A-7. Prohibited mediator reports. (a) Except as required in subsection...

Section 19-13A-8 - Confidentiality. - 19-13A-8. Confidentiality. Unless subject to §1-25-1, mediation communications are confidential...

Section 19-13A-9 - Mediator's disclosure of conflicts of interest--Background. - 19-13A-9. Mediator's disclosure of conflicts of interest--Background. (a) Before accepting...

Section 19-13A-10 - Participation in mediation. - 19-13A-10. Participation in mediation. An attorney or other individual designated...

Section 19-13A-11 - International commercial mediation. - 19-13A-11. International commercial mediation. (a) In this section, "Model Law"...

Section 19-13A-12 - Relation to Electronic Signatures in Global and National Commerce Act. - 19-13A-12.Relation to Electronic Signatures in Global and National Commerce Act....

Section 19-13A-13 - Uniformity of application and construction. - 19-13A-13. Uniformity of application and construction. In applying and construing...

Section 19-13A-14 - Severability clause. - 19-13A-14. Severability clause. If any provision of this chapter or...

Section 19-13A-15 - Application to existing agreements or referrals. - 19-13A-15. Application to existing agreements or referrals. (a) This chapter...

Chapter 19 - South Dakota Rules of Evidence

Section 19-19-101 - Scope--Definitions. - 19-19-101. Scope--Definitions. (a) Scope. This chapter governs proceedings in the...

Section 19-19-102 - Purpose. - 19-19-102. Purpose. This chapter should be construed so as to...

Section 19-19-103 - Rulings on evidence. - 19-19-103. Rulings on evidence. (a) Preserving a claim of error....

Section 19-19-104 - Preliminary questions. - 19-19-104. Preliminary questions. (a) In general. The court must decide...

Section 19-19-105 - Limiting evidence that is not admissible against other parties or for other purposes. - 19-19-105. Limiting evidence that is not admissible against other parties...

Section 19-19-106 - Remainder of or related writings or recorded statements. - 19-19-106. Remainder of or related writings or recorded statements. If...

Section 19-19-201 - Judicial notice of adjudicative facts. - 19-19-201. Judicial notice of adjudicative facts. (a) Scope. This section...

Section 19-19-301 - Presumptions in civil cases. - 19-19-301. Presumptions in civil cases. In all civil actions and...

Section 19-19-302 - Presumptions in criminal cases. - 19-19-302. Presumptions in criminal cases. (a) Scope. Except as otherwise...

Section 19-19-401 - Test for relevant evidence. - 19-19-401. Test for relevant evidence. Evidence is relevant if: (a)It...

Section 19-19-402 - Relevant evidence generally admissible--Irrelevant evidence inadmissible. - 19-19-402. Relevant evidence generally admissible--Irrelevant evidence inadmissible. All relevant evidence...

Section 19-19-403 - Excluding relevant evidence for prejudice, confusion, waste of time, or other reasons. - 19-19-403. Excluding relevant evidence for prejudice, confusion, waste of time,...

Section 19-19-404 - Character evidence--Crimes or other acts. - 19-19-404. Character evidence--Crimes or other acts. (a) Character evidence. (1)Prohibited...

Section 19-19-405 - Methods of proving character. - 19-19-405. Methods of proving character. (a) By reputation or opinion....

Section 19-19-406 - Habit--Routine practice. - 19-19-406. Habit--Routine practice. Evidence of a person's habit or an...

Section 19-19-407 - Subsequent remedial measures. - 19-19-407. Subsequent remedial measures. When measures are taken that would...

Section 19-19-408 - Compromise offers and negotiations. - 19-19-408. Compromise offers and negotiations. (a) Prohibited uses. Evidence of...

Section 19-19-409 - Offers to pay medical and similar expenses. - 19-19-409. Offers to pay medical and similar expenses. Evidence of...

Section 19-19-410 - Pleas, plea discussions, and related statements. - 19-19-410. Pleas, plea discussions, and related statements. (a) Prohibited uses....

Section 19-19-411 - Liability insurance. - 19-19-411. Liability insurance. Evidence that a person was or was...

Section 19-19-411.1 - Statements and actions by health care providers not admissible to prove negligence in medical malpractice actions. - 19-19-411.1. Statements and actions by health care providers not admissible...

Section 19-19-412 - Sex-offense cases--Victim's sexual behavior or predisposition. - 19-19-412. Sex-offense cases--Victim's sexual behavior or predisposition. (a) Prohibited uses....

Section 19-19-501 - Privileges recognized only as provided. - 19-19-501. Privileges recognized only as provided. Except as otherwise provided...

Section 19-19-502 - Lawyer-client privilege. - 19-19-502. Lawyer-client privilege. (a) Definitions. As used in this section:...

Section 19-19-503 - Physician and psychotherapist-patient privilege. - 19-19-503. Physician and psychotherapist-patient privilege. (a) Definitions. As used in...

Section 19-19-504 - Spousal privilege. - 19-19-504. Spousal privilege. (a) Definition. A communication is confidential if...

Section 19-19-505 - Religious privilege. - 19-19-505. Religious privilege. (a) Definitions. As used in this section:...

Section 19-19-506 - Vote at public election. - 19-19-506. Vote at public election. Every person has a privilege...

Section 19-19-507 - Trade secrets. - 19-19-507. Trade secrets. A person has a privilege, which may...

Section 19-19-508 - Confidential communications to public officer. - 19-19-508. Confidential communications to public officer. A public officer cannot...

Section 19-19-508.1 - Student and counselor, psychologist, or social worker--Exceptions. - 19-19-508.1. Student and counselor, psychologist, or social worker--Exceptions. No counselor...

Section 19-19-508.2 - College or university counselor and student--Exceptions--Qualifications of counselor. - 19-19-508.2. College or university counselor and student--Exceptions--Qualifications of counselor. No...

Section 19-19-509 - Identity of informer. - 19-19-509. Identity of informer. (a) Rule of privilege. The United...

Section 19-19-510 - Waiver of privilege by voluntary disclosure. - 19-19-510. Waiver of privilege by voluntary disclosure. A person upon...

Section 19-19-511 - Privilege not waived by involuntary disclosure. - 19-19-511. Privilege not waived by involuntary disclosure. A claim of...

Section 19-19-512 - Comment upon or inference from claim of privilege--Instruction. - 19-19-512. Comment upon or inference from claim of privilege--Instruction. (a)...

Section 19-19-513 - Motorist's refusal to submit to chemical test of intoxication admissible--Privilege against self-incrimination may not be claimed. - 19-19-513. Motorist's refusal to submit to chemical test of intoxication...

Section 19-19-514 - Sign language interpreter or relay service operator privilege. - 19-19-514. Sign language interpreter or relay service operator privilege. No...

Section 19-19-515 - Mediation privilege. - 19-19-515. Mediation privilege. All verbal or written information relating to...

Section 19-19-516 - Communications concerning execution of inmate. - 19-19-516. Communications concerning execution of inmate. The secretary of corrections,...

Section 19-19-601 - Competency to testify in general. - 19-19-601. Competency to testify in general. Every person is competent...

Section 19-19-602 - Need for personal knowledge--Exception for expert opinion. - 19-19-602. Need for personal knowledge--Exception for expert opinion. A witness...

Section 19-19-603 - Oath or affirmation to testify truthfully. - 19-19-603. Oath or affirmation to testify truthfully. Before testifying, a...

Section 19-19-603.1 - Form for oath of witness. - 19-19-603.1. Form for oath of witness. The following oath may...

Section 19-19-603.2 - Form for affirmation of witness. - 19-19-603.2. Form for affirmation of witness. The following affirmation may...

Section 19-19-604 - Form for oath of interpreter. - 19-19-604. Form for oath of interpreter. The following oath, as...

Section 19-19-605 - Judge's competency as a witness. - 19-19-605. Judge's competency as a witness. The presiding judge may...

Section 19-19-606 - Juror's competency as a witness. - 19-19-606. Juror's competency as a witness. (a) At the trial....

Section 19-19-607 - Who may impeach a witness. - 19-19-607. Who may impeach a witness. Any party, including the...

Section 19-19-608 - A witness's character for truthfulness or untruthfulness. - 19-19-608. A witness's character for truthfulness or untruthfulness. (a) Reputation...

Section 19-19-609 - Impeachment by evidence of a criminal conviction. - 19-19-609. Impeachment by evidence of a criminal conviction. (a) In...

Section 19-19-610 - Religious beliefs or opinions. - 19-19-610. Religious beliefs or opinions. Evidence of a witness's religious...

Section 19-19-611 - Mode and order of examining witnesses and presenting evidence. - 19-19-611. Mode and order of examining witnesses and presenting evidence....

Section 19-19-611.1 - Address of witness--Release in open court restricted. - 19-19-611.1. Address of witness--Release in open court restricted. The courts...

Section 19-19-612 - Writing used to refresh a witness's memory. - 19-19-612. Writing used to refresh a witness's memory. (a) Scope....

Section 19-19-613 - Witness's prior statement. - 19-19-613. Witness's prior statement. (a) Showing or disclosing the statement...

Section 19-19-614 - Court's calling or examining a witness. - 19-19-614. Court's calling or examining a witness. (a) Calling. The...

Section 19-19-615 - Excluding witnesses. - 19-19-615. Excluding witnesses. At a party's request, the court must...

Section 19-19-701 - Opinion testimony by lay witnesses. - 19-19-701. Opinion testimony by lay witnesses. If a witness is...

Section 19-19-702 - Testimony by expert. - 19-19-702. Testimony by expert. A witness who is qualified as...

Section 19-19-703 - Bases of opinion testimony by experts. - 19-19-703. Bases of opinion testimony by experts. An expert may...

Section 19-19-704 - Opinion on an ultimate issue. - 19-19-704. Opinion on an ultimate issue. An opinion is not...

Section 19-19-705 - Disclosure of facts or data underlying expert opinion. - 19-19-705. Disclosure of facts or data underlying expert opinion. Unless...

Section 19-19-706 - Court-appointed expert witnesses. - 19-19-706. Court-appointed expert witnesses. (a) Appointment process. On a party's...

Section 19-19-707 - Experts called by parties. - 19-19-707. Experts called by parties. (a) Limitation on number called....

Section 19-19-801 - Definitions that apply to this article--Exclusions from hearsay. - 19-19-801. Definitions that apply to this article--Exclusions from hearsay. The...

Section 19-19-802 - Rule against hearsay. - 19-19-802. Rule against hearsay. Hearsay is not admissible unless any...

Section 19-19-803 - Exceptions to the rule against hearsay--Regardless of whether the declarant is available as a witness. - 19-19-803. Exceptions to the rule against hearsay--Regardless of whether the...

Section 19-19-803.1 - Physician's written report in lieu of deposition or in-court testimony admissible. - 19-19-803.1. Physician's written report in lieu of deposition or in-court...

Section 19-19-803.2 - Physician's written report--Affidavit--Notice--Objection. - 19-19-803.2. Physician's written report--Affidavit--Notice--Objection. In personal injury and wrongful death...

Section 19-19-804 - Exceptions to rule against hearsay--When declarant unavailable as witness. - 19-19-804. Exceptions to rule against hearsay--When declarant unavailable as witness....

Section 19-19-805 - Hearsay within hearsay. - 19-19-805. Hearsay within hearsay. Hearsay within hearsay is not excluded...

Section 19-19-806 - Attacking and supporting the declarant. - 19-19-806. Attacking and supporting the declarant. When a hearsay statement--or...

Section 19-19-806.1 - Statement by child under age thirteen or child with developmental disability regarding sex crime, physical abuse, or neglect. - 19-19-806.1. Statement by child under age thirteen or child with...

Section 19-19-806.2 - Statements alleging child abuse or neglect. - 19-19-806.2. Statements alleging child abuse or neglect. An out-of-court statement...

Section 19-19-807 - Residual exception. - 19-19-807. Residual exception. (a) In general. Under the following conditions,...

Section 19-19-901 - Authenticating or identifying evidence. - 19-19-901. Authenticating or identifying evidence. (a) In general. To satisfy...

Section 19-19-902 - Evidence that is self-authenticating. - 19-19-902. Evidence that is self-authenticating. The following items of evidence...

Section 19-19-903 - Subscribing witnesses. - 19-19-903. Subscribing witnesses. A subscribing witness's testimony is necessary to...

Section 19-19-1001 - Definitions that apply to this article. - 19-19-1001. Definitions that apply to this article. (a) A "writing"...

Section 19-19-1002 - Requirement of the original. - 19-19-1002. Requirement of the original. An original writing, recording, or...

Section 19-19-1003 - Admissibility of duplicates. - 19-19-1003. Admissibility of duplicates. A duplicate is admissible to the...

Section 19-19-1004 - Admissibility of other evidence of content. - 19-19-1004. Admissibility of other evidence of content. An original is...

Section 19-19-1005 - Copies of public records to prove content. - 19-19-1005. Copies of public records to prove content. The proponent...

Section 19-19-1006 - Summaries to prove content. - 19-19-1006. Summaries to prove content. The proponent may use a...

Section 19-19-1007 - Testimony or statement of a party to prove content. - 19-19-1007. Testimony or statement of a party to prove content....

Section 19-19-1008 - Functions of the court and jury. - 19-19-1008. Functions of the court and jury. Ordinarily, the court...

Section 19-19-1009 - TDD and TTY communications inadmissible as evidence. - 19-19-1009. TDD and TTY communications inadmissible as evidence. The writings...

Section 19-19-1101 - Applicability of chapter. - 19-19-1101. Applicability of chapter. Except as otherwise provided in this...

Section 19-19-1102 - Title. - 19-19-1102. Title. This chapter shall be known and may be...

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South Dakota Codified Laws Title 19 - Evidence

South Dakota Codified Laws
Title 19 - Evidence