South Dakota Codified Laws 19-19-613. Witness’s prior statement
(a) Showing or disclosing the statement during examination. When examining a witness about the witness’s prior statement, a party need not show it or disclose its contents to the witness. But the party must, on request, show it or disclose its contents to an adverse party’s attorney.
(b) Extrinsic evidence of a prior inconsistent statement. Extrinsic evidence of a witness’s prior inconsistent statement is admissible only if the witness is given an opportunity to explain or deny the statement and an adverse party is given an opportunity to examine the witness about it, or if justice so requires. This subdivision (b) does not apply to an opposing party’s statement under subdivision 19-19-801(d)(2).
Terms Used In South Dakota Codified Laws 19-19-613
- 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 613); SDCL §§ 19-14-24, 19-14-25; SL 2016, ch 239 (Supreme Court Rule 15-46), eff. Jan. 1, 2016.