South Dakota Codified Laws 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 purpose of impeaching the testimony of the patient, at trial, grand jury proceeding, or preliminary hearing, or for the purpose of discovery under Title 23A.
Terms Used In South Dakota Codified Laws 19-2-3.2
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Source: SL 1997, ch 121, § 2.