The proponent may use a copy to prove the content of an official record–or of a document that was recorded or filed in a public office as authorized by law–if these conditions are met: the record or document is otherwise admissible; and the copy is certified as correct in accordance with subdivision 19-19-902(4) or is testified to be correct by a witness who has compared it with the original. If no such copy can be obtained by reasonable diligence, then the proponent may use other evidence to prove the content.

Terms Used In South Dakota Codified Laws 19-19-1005

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 1005); SDCL § 19-18-5; SL 2016, ch 239 (Supreme Court Rule 15-69), eff. Jan. 1, 2016.