Chapter
01. Competency Of Witnesses
02. Privileged Matters
03. Methods Of Taking Testimony
04. Affidavits And Certificates
05. Subpoena And Attendance Of Witnesses
06. Expert Witnesses And Reports [Repealed]
07. Documents, Records And Judicial Proceedings
08. Proof Of Foreign Law
09. Rules Of Evidence--General Provisions [Transferred]
10. Judicial Notice [Transferred]
11. Presumptions [Transferred]
12. Relevancy [Transferred]
13. Privileges [Transferred]
13A. Uniform Mediation Act
14. Witnesses [Transferred]
15. Opinions And Expert Testimony [Transferred]
16. Hearsay [Transferred]
17. Authentication And Identification [Transferred]
18. Contents Of Writings, Recordings And Photographs [Transferred]
19. South Dakota Rules of Evidence
19-1-1, 19-1-2. Repealed.
19-1-3
Attorney as witness.
19-1-4, 19-1-5. Repealed.
19-2-1, 19-2-2.
Repealed.
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.
19-2-3.1
Repealed.
19-2-3.2
Physician-patient privilege waived in criminal proceeding.
19-2-4, 19-2-5.
Repealed.
19-2-5.1, 19-2-5.2.
Transferred.
19-2-6
Repealed.
19-2-7
Repealed.
19-2-8
Court to advise witnesses as to privileged communications and privilege
against self-incrimination.
19-2-9
Protection of privileges of persons not present.
19-2-10
Repealed.
19-2-10.1
Repealed.
19-2-11
Self-incrimination provisions not applicable to perjury prosecutions.
19-2-12
No physician-patient privilege if death or substantial bodily harm likely.
19-2-13
Medical privacy.
19-2-14
Definitions pertaining to journalist and newscaster privilege.
19-2-15
Journalist and newscaster privilege.
19-2-16
Contempt prohibited for asserting journalist and newscaster privilege.
19-2-17
Information to which journalist and newscaster privilege applies.
19-2-18
Information obtained in violation of § 19-2-15 inadmissible.
19-2-19
Fine or imprisonment prohibited for asserting journalist and newscaster
privilege.
19-2-20
Journalist and newscaster privilege applies to supervisors and employers.
19-3-1
Means of testimony enumerated.
19-3-2
Affidavit defined.
19-3-3
Deposition defined.
19-3-4
Oral examination defined.
19-3-5
Repealed.
19-3-6
Repealed.
19-3-7
Interpreter for witness unable to communicate in English--Compensation.
19-3-8
Repealed.
19-3-9
Repealed.
19-3-10
Interpreters for deaf and mute persons--Proceedings for which required.
19-3-10.1
Sign language interpreters and relay service operators prohibited from divulging
information--Misdemeanor.
19-3-11
Repealed.
19-3-12
Appointing authority for interpreters--Fees for services.
19-3-13
Repealed.
19-3-14
Inherent judicial power not limited.
19-4-1
Place and person before whom affidavit made.
19-4-2
Use of affidavits in actions and proceedings.
19-4-3
Title not required on affidavit.
19-4-4
Repealed.
19-4-5
Repealed.
19-4-6
Affidavit after search of newspaper files prima facie evidence of publication of
notice.
19-4-7, 19-4-8.
Repealed.
19-4-9
Statements in certification of writing for introduction into evidence--Seal.
19-4-10
Foundation proof not required for certified copy--Procedure on establishment of
falsity.
19-5-1
Fees and mileage payments of witnesses.
19-5-2
Public officers and employees not entitled to fees when testifying for state or
subdivision--Mileage payable.
19-5-3
Witness immune from service of summons while outside county of residence under
subpoena.
19-5-4
Requiring attendance of witness for deposition to be used in another jurisdiction.
19-5-5
Prisoner produced for oral examination in county.
19-5-6
Prisoners outside county to be examined by deposition--Facilities for taking
deposition.
19-5-7
Disobedience of subpoena or refusal to testify as contempt.
19-5-8
Attachment issued on disobedience of subpoena by witness.
19-5-9
Seal and contents of attachment and commitment order for witness--Direction and
execution of order.
19-5-10
Amount of undertaking for appearance by witness endorsed on attachment.
19-5-11
Show cause order when witness not personally served.
19-5-12
Punishment for contempt by witness.
19-5-13
Application for discharge of imprisoned witness.
19-5-14
Civil liability of witness for failure to attend or give testimony.
19-5-15
Repealed.
19-5-16
Fraud or deceit to affect testimony of witness as misdemeanor.
19-7-1
Repealed.
19-7-2
Repealed.
19-7-3
Judicial notice powers unaffected.
19-7-4 to 19-7-10. Repealed.
19-7-11
Repealed.
19-7-12
Photographic copies of business and public records.
19-7-13
Common law and statutory methods of proof unimpaired.
19-7-14
Suppression or destruction of documentary evidence as misdemeanor.
19-7-15
Admissible hearing and trial transcripts.
19-8-1
Judicial notice of law of jurisdictions within United States.
19-8-2
Determination of foreign law made by court--Review.
19-8-3
Informing court of foreign law--Assistance by counsel.
19-8-4
Evidence of foreign law--Notice of issue to adverse parties.
19-8-5
Law of foreign countries determined by court--Judicial notice not taken.
19-8-6
Citation of chapter.
19-8-7
Religious code.
19-9-1 Transferred.
19-9-2 Transferred.
19-9-3 to 19-9-6. Transferred.
19-9-7 to 19-9-11. Transferred.
19-9-12 Transferred.
19-9-13 Transferred.
19-9-14 Transferred.
19-9-15 Transferred.
19-12-1 Transferred.
19-12-2 Transferred.
19-12-3 Transferred.
19-12-4, 19-12-5. Transferred.
19-12-6, 19-12-7. Transferred.
19-12-8 Transferred.
19-12-9 Transferred.
19-12-10 Transferred.
19-12-11 Transferred.
19-12-12 Transferred.
19-12-13 Transferred.
19-12-14 Transferred.
19-12-15 Transferred.
19-13-1 Transferred.
19-13-2 to 19-13-5. Transferred.
19-13-6 to 19-13-11. Transferred.
19-13-12 to 19-13-15. Transferred.
19-13-16 to 19-13-18. Transferred.
19-13-19 Transferred.
19-13-20 Transferred.
19-13-21 Transferred.
19-13-21.1 Transferred.
19-13-21.2 Transferred.
19-13-22 to 19-13-25. Transferred.
19-13-26 Transferred.
19-13-27 Transferred.
19-13-28 Transferred.
19-13-28.1 Transferred.
19-13-29, 19-13-30. Transferred.
19-13-31 Transferred.
19-13-32 Transferred.
19-13-33 Transferred.
19-13A-1
Title.
19-13A-2
Definitions.
19-13A-3
Scope.
19-13A-4
Privilege against disclosure--Admissibility--Discovery.
19-13A-5
Waiver and preclusion of privilege.
19-13A-6
Exceptions to privilege.
19-13A-7
Prohibited mediator reports.
19-13A-8
Confidentiality.
19-13A-9
Mediator's disclosure of conflicts of interest--Background.
19-13A-10
Participation in mediation.
19-13A-11
International commercial mediation.
19-13A-12
Relation to Electronic Signatures in Global and National Commerce Act.
19-13A-13
Uniformity of application and construction.
19-13A-14
Severability clause.
19-13A-15
Application to existing agreements or referrals.
19-14-1 Transferred.
19-14-2 Transferred.
19-14-3 Transferred.
19-14-3.1 Transferred.
19-14-3.2 Transferred.
19-14-4 Repealed.
19-14-4.1 Transferred.
19-14-4.2 Superseded.
19-14-5 Transferred.
19-14-6, 19-14-7. Transferred.
19-14-8 Transferred.
19-14-9 to 19-14-11. Transferred.
19-14-12 to 19-14-16. Transferred.
19-14-17 Transferred.
19-14-18 Transferred.
19-14-18.1 Transferred.
19-14-19, 19-14-20. Transferred.
19-14-21 to 19-14-23. Transferred.
19-14-24, 19-14-25. Transferred.
19-14-26 to 19-14-28. Transferred.
19-14-29 Transferred.
19-15-1 Transferred.
19-15-2 Transferred.
19-15-3 Transferred.
19-15-4 Transferred.
19-15-5 Transferred.
19-15-5.1 to 19-15-8. Repealed.
19-15-9 to 19-15-17. Transferred.
19-15-18, 19-15-19. Transferred.
19-16-1 to 19-16-3. Transferred.
19-16-4 Transferred.
19-16-5 to 19-16-8. Transferred.
19-16-8.1 Transferred.
19-16-8.2
Transferred
19-16-9 to 19-16-27. Transferred.
19-16-28 Repealed.
19-16-29 19-16-34. Transferred.
19-16-35 Repealed.
19-16-36 Transferred.
19-16-37 Transferred.
19-16-38 Transferred.
19-16-39 Transferred.
19-16-40 Transferred.
19-17-1 Transferred.
19-17-2 to 19-17-11. Transferred.
19-17-12 Transferred.
19-18-1 Transferred.
19-18-2 Transferred.
19-18-3 Transferred.
19-18-4 Transferred.
19-18-5 Transferred.
19-18-6 Transferred.
19-18-7 Transferred.
19-18-8 Transferred.
19-18-9 Transferred.
CHAPTER 19-19
SOUTH DAKOTA RULES OF EVIDENCE
ARTICLE I. GENERAL PROVISIONS.
19-19-101 Scope--Definitions.
19-19-102 Purpose.
19-19-103 Rulings on evidence.
19-19-104 Preliminary questions.
19-19-105 Limiting evidence that is not admissible against other parties or for other purposes.
19-19-106 Remainder of or related writings or recorded statements.
ARTICLE II. JUDICIAL NOTICE.
19-19-201 Judicial notice of adjudicative facts.
ARTICLE III. PRESUMPTIONS.
19-19-301 Presumptions in civil cases.
19-19-302 Presumptions in criminal cases.
ARTICLE IV. RELEVANCE AND ITS LIMITS.
19-19-401 Test for relevant evidence.
19-19-402 Relevant evidence generally admissible--Irrelevant evidence inadmissible.
19-19-403 Excluding relevant evidence for prejudice, confusion, waste of time, or other reasons.
19-19-404 Character evidence--Crimes or other acts.
19-19-405 Methods of proving character.
19-19-406 Habit--Routine practice.
19-19-407 Subsequent remedial measures.
19-19-408 Compromise offers and negotiations.
19-19-409 Offers to pay medical and similar expenses.
19-19-410 Pleas, plea discussions, and related statements.
19-19-411 Liability insurance.
19-19-411.1 Statements and actions by health care providers not admissible to prove negligence in medical malpractice actions.
19-19-412 Sex-offense cases--Victim's sexual behavior or predisposition.
19-19-414 Child molestation cases--Similar crimes.
ARTICLE V. PRIVILEGES.
19-19-501 Privileges recognized only as provided.
19-19-502 Lawyer-client privilege.
19-19-503 Physician and psychotherapist-patient privilege.
19-19-504 Spousal privilege.
19-19-505 Religious privilege.
19-19-506 Vote at public election.
19-19-507 Trade secrets.
19-19-508 Confidential communications to public officer.
19-19-508.1 Student and counselor, psychologist, or social worker--Exceptions.
19-19-508.2 College or university counselor and student--Exceptions--Qualifications of counselor.
19-19-509 Identity of informer.
19-19-510 Waiver of privilege by voluntary disclosure.
19-19-511 Privilege not waived by involuntary disclosure.
19-19-512 Comment upon or inference from claim of privilege--Instruction.
19-19-513 Motorist's refusal to submit to chemical test of intoxication admissible--Privilege against self-incrimination may not be claimed.
19-19-514 Sign language interpreter or relay service operator privilege.
19-19-515 Mediation privilege.
19-19-516 Communications concerning execution of inmate.
ARTICLE VI. WITNESSES.
19-19-601 Competency to testify in general.
19-19-602 Need for personal knowledge--Exception for expert opinion.
19-19-603 Oath or affirmation to testify truthfully.
19-19-603.1 Form for oath of witness.
19-19-603.2 Form for affirmation of witness.
19-19-604 Form for oath of interpreter.
19-19-605 Judge's competency as a witness.
19-19-606 Juror's competency as a witness.
19-19-607 Who may impeach a witness.
19-19-608 A witness's character for truthfulness or untruthfulness.
19-19-609 Impeachment by evidence of a criminal conviction.
19-19-610 Religious beliefs or opinions.
19-19-611 Mode and order of examining witnesses and presenting evidence.
19-19-611.1 Address of witness--Release in open court restricted.
19-19-612 Writing used to refresh a witness's memory.
19-19-613 Witness's prior statement.
19-19-614 Court's calling or examining a witness.
19-19-615 Excluding witnesses.
ARTICLE VII. OPINIONS AND EXPERT TESTIMONY.
19-19-701 Opinion testimony by lay witnesses.
19-19-702 Testimony by expert.
19-19-703 Bases of opinion testimony by experts.
19-19-704 Opinion on an ultimate issue.
19-19-705 Disclosure of facts or data underlying expert opinion.
19-19-706 Court-appointed expert witnesses.
19-19-707 Experts called by parties.
ARTICLE VIII. HEARSAY.
19-19-801 Definitions that apply to this article--Exclusions from hearsay.
19-19-802 Rule against hearsay.
19-19-803 Exceptions to the rule against hearsay--Regardless of whether the declarant is available as a witness.
19-19-803.1 Physician's written report in lieu of deposition or in-court testimony admissible.
19-19-803.2 Physician's written report--Affidavit--Notice--Objection.
19-19-804 Exceptions to rule against hearsay--When declarant unavailable as witness.
19-19-805 Hearsay within hearsay.
19-19-806 Attacking and supporting the declarant.
19-19-806.1 Statement by child under age thirteen or child with developmental disability regarding sex crime, physical abuse, or neglect.
19-19-806.2 Statements alleging child abuse or neglect.
19-19-807 Residual exception.
ARTICLE IX. AUTHENTICATION AND IDENTIFICATION.
19-19-901 Authenticating or identifying evidence.
19-19-902 Evidence that is self-authenticating.
19-19-903 Subscribing witnesses.
ARTICLE X. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS.
19-19-1001 Definitions that apply to this article.
19-19-1002 Requirement of the original.
19-19-1003 Admissibility of duplicates.
19-19-1004 Admissibility of other evidence of content.
19-19-1005 Copies of public records to prove content.
19-19-1006 Summaries to prove content.
19-19-1007 Testimony or statement of a party to prove content.
19-19-1008 Functions of the court and jury.
19-19-1009 TDD and TTY communications inadmissible as evidence.
ARTICLE XI. MISCELLANEOUS RULES.
19-19-1101 Applicability of chapter.
19-19-1102 Title.
