South Dakota Codified Laws 19-19-608. A witness’s character for truthfulness or untruthfulness
(a) Reputation or opinion evidence. A witness’s credibility may be attacked or supported by testimony about the witness’s reputation for having a character for truthfulness or untruthfulness, or by testimony in the form of an opinion about that character. But evidence of truthful character is admissible only after the witness’s character for truthfulness has been attacked.
(b) Specific instances of conduct. Except for a criminal conviction under § 19-19-609, extrinsic evidence is not admissible to prove specific instances of a witness’s conduct in order to attack or support the witness’s character for truthfulness. But the court may, on cross-examination, allow them to be inquired into if they are probative of the character for truthfulness or untruthfulness of:
Terms Used In South Dakota Codified Laws 19-19-608
- Conviction: A judgement of guilt against a criminal defendant.
- 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.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1) The witness; or
(2) Another witness whose character the witness being cross-examined has testified about.
(c) Privilege against self-incrimination not waived by testimony on credibility. By testifying on another matter, a witness does not waive any privilege against self-incrimination for testimony that relates only to the witness’s character for truthfulness.
Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 608); SDCL §§ 19-14-9 to 19-14-11; SL 2016, ch 239 (Supreme Court Rule 15-41), eff. Jan. 1, 2016.