At a party’s request, the court must order witnesses excluded so that they cannot hear other witnesses’ testimony. Or the court may do so on its own. But this rule does not authorize excluding:

(a) A party who is a natural person;

Terms Used In South Dakota Codified Laws 19-19-615

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Statute: A law passed by a legislature.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(b) An officer or employee of a party that is not a natural person, after being designated as the party’s representative by its attorney;

(c) A person whose presence a party shows to be essential to presenting the party’s claim or defense;

(d) A person authorized by statute to be present; or

(e) A victim of a crime and his parent or guardian following the victim’s testimony.

Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 615); SL 1986, ch 193, § 4; SDCL § 19-14-29; SL 2016, ch 239 (Supreme Court Rule 15-48), eff. Jan. 1, 2016.