South Dakota Codified Laws 19-19-803. Exceptions to the rule against hearsay–Regardless of whether the declarant is available as a witness
The statements described in this section are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness:
(1) Present sense impression. A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.
Terms Used In South Dakota Codified Laws 19-19-803
- 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.
- Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
- Statute: A law passed by a legislature.
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) Excited utterance. A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused.
(3) Then-existing mental, emotional, or physical condition. A statement of the declarant’s then-existing state of mind (such as motive, intent, or plan) or emotional, sensory, or physical condition (such as mental feeling, pain, or bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the validity or terms of the declarant’s will.
(4) Statement made for medical diagnosis or treatment. A statement that:
(A) Is made for–and is reasonably pertinent to–medical diagnosis or treatment; and
(B) Describes medical history; past or present symptoms or sensations; their inception; or their general cause.
(5) Recorded recollection. A record that:
(A) Is on a matter the witness once knew about but now cannot recall well enough to testify fully and accurately;
(B) Was made or adopted by the witness when the matter was fresh in the witness’s memory; and
(C) Accurately reflects the witness’s knowledge.
If admitted, the record may be read into evidence but may be received as an exhibit only if offered by an adverse party.
(6) Records of regularly conducted business activity. A record of an act, event, condition, opinion, or diagnosis if:
(A) The record was made at or near the time by–or from information transmitted by–someone with knowledge;
(B) The record was kept in the course of a regularly conducted activity of a business, organization, occupation, or calling, whether or not for profit;
(C) Making the record was a regular practice of that activity;
(D) All these conditions are shown by the testimony of the custodian or another qualified witness, or by a certification that complies with a rule or a statute permitting certification; and
(E) The opponent does not show that the source of information or the method or circumstances of preparation indicate a lack of trustworthiness.
(7) Absence of a record of a regularly conducted activity. Evidence that a matter is not included in a record as described in subdivision (6) if:
(A) The evidence is admitted to prove that the matter did not occur or exist;
(B) A record was regularly kept for a matter of that kind; and
(C) The opponent does not show that the possible source of the information or other circumstances indicate a lack of trustworthiness.
(8) Public records. A record or statement of a public office if:
(A) It sets out:
(i) The office’s activities;
(ii) A matter observed while under a legal duty to report, but not including, in a criminal case, a matter observed by law-enforcement personnel; or
(iii) In a civil case or against the government in a criminal case, factual findings from a legally authorized investigation; and