South Dakota Codified Laws 19-19-1008. Functions of the court and jury
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Ordinarily, the court determines whether the proponent has fulfilled the factual conditions for admitting other evidence of the content of a writing, recording, or photograph under § 19-19-1004 or 19-19-1005. But in a jury trial, the jury determines–in accordance with subdivision 19-19-104(b)–any issue about whether:
(a) An asserted writing, recording, or photograph ever existed;
Terms Used In South Dakota Codified Laws 19-19-1008
- 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.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) Another one produced at the trial or hearing is the original; or
(c) Other evidence of content accurately reflects the content.
Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 1008); SDCL § 19-18-8; SL 2016, ch 239 (Supreme Court Rule 15-72), eff. Jan. 1, 2016.