South Dakota Codified Laws 22-48-2.1. Claim of use of unreasonable force by victim–Hearing to determine reasonable basisfor claim
Current as of: 2023 | Check for updates
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If the perpetrator claims that the victim used unreasonable force, before any discovery relating to the claim may be commenced and before the claim may be submitted to the trier of fact, the court, after hearing, must find, based on clear and convincing evidence, that there is a reasonable basis to believe that the victim used unreasonable force.
Terms Used In South Dakota Codified Laws 22-48-2.1
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- 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 2003, ch 130, § 2.