The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

Terms Used In South Dakota Codified Laws 19-19-403

  • 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 403); SDCL § 19-12-3; SL 2016, ch 239 (Supreme Court Rule 15-25), eff. Jan. 1, 2016.