§ 19-19-101 Scope–Definitions
§ 19-19-102 Purpose
§ 19-19-103 Rulings on evidence
§ 19-19-104 Preliminary questions
§ 19-19-105 Limiting evidence that is not admissible against other parties or for other purposes
§ 19-19-106 Remainder of or related writings or recorded statements
§ 19-19-201 Judicial notice of adjudicative facts
§ 19-19-301 Presumptions in civil cases
§ 19-19-302 Presumptions in criminal cases
§ 19-19-401 Test for relevant evidence
§ 19-19-402 Relevant evidence generally admissible–Irrelevant evidence inadmissible
§ 19-19-403 Excluding relevant evidence for prejudice, confusion, waste of time, or other reasons
§ 19-19-404 Character evidence–Crimes or other acts
§ 19-19-405 Methods of proving character
§ 19-19-406 Habit–Routine practice
§ 19-19-407 Subsequent remedial measures
§ 19-19-408 Compromise offers and negotiations
§ 19-19-409 Offers to pay medical and similar expenses
§ 19-19-410 Pleas, plea discussions, and related statements
§ 19-19-411 Liability insurance
§ 19-19-411.1 Statements and actions by health care providers not admissible to prove negligence in medical malpractice actions
§ 19-19-412 Sex-offense cases–Victim’s sexual behavior or predisposition
§ 19-19-501 Privileges recognized only as provided
§ 19-19-502 Lawyer-client privilege
§ 19-19-503 Physician and psychotherapist-patient privilege
§ 19-19-504 Spousal privilege
§ 19-19-505 Religious privilege
§ 19-19-506 Vote at public election
§ 19-19-507 Trade secrets
§ 19-19-508 Confidential communications to public officer
§ 19-19-508.1 Student and counselor, psychologist, or social worker–Exceptions
§ 19-19-508.2 College or university counselor and student–Exceptions–Qualifications of counselor
§ 19-19-509 Identity of informer
§ 19-19-510 Waiver of privilege by voluntary disclosure
§ 19-19-511 Privilege not waived by involuntary disclosure
§ 19-19-512 Comment upon or inference from claim of privilege–Instruction
§ 19-19-513 Motorist’s refusal to submit to chemical test of intoxication admissible–Privilege against self-incrimination may not be claimed
§ 19-19-514 Sign language interpreter or relay service operator privilege
§ 19-19-515 Mediation privilege
§ 19-19-516 Communications concerning execution of inmate
§ 19-19-601 Competency to testify in general
§ 19-19-602 Need for personal knowledge–Exception for expert opinion
§ 19-19-603 Oath or affirmation to testify truthfully
§ 19-19-603.1 Form for oath of witness
§ 19-19-603.2 Form for affirmation of witness
§ 19-19-604 Form for oath of interpreter
§ 19-19-605 Judge’s competency as a witness
§ 19-19-606 Juror’s competency as a witness
§ 19-19-607 Who may impeach a witness
§ 19-19-608 A witness’s character for truthfulness or untruthfulness
§ 19-19-609 Impeachment by evidence of a criminal conviction
§ 19-19-610 Religious beliefs or opinions
§ 19-19-611 Mode and order of examining witnesses and presenting evidence
§ 19-19-611.1 Address of witness–Release in open court restricted
§ 19-19-612 Writing used to refresh a witness’s memory
§ 19-19-613 Witness’s prior statement
§ 19-19-614 Court’s calling or examining a witness
§ 19-19-615 Excluding witnesses
§ 19-19-701 Opinion testimony by lay witnesses
§ 19-19-702 Testimony by expert
§ 19-19-703 Bases of opinion testimony by experts
§ 19-19-704 Opinion on an ultimate issue
§ 19-19-705 Disclosure of facts or data underlying expert opinion
§ 19-19-706 Court-appointed expert witnesses
§ 19-19-707 Experts called by parties
§ 19-19-801 Definitions that apply to this article–Exclusions from hearsay
§ 19-19-802 Rule against hearsay
§ 19-19-803 Exceptions to the rule against hearsay–Regardless of whether the declarant is available as a witness
§ 19-19-803.1 Physician’s written report in lieu of deposition or in-court testimony admissible
§ 19-19-803.2 Physician’s written report–Affidavit–Notice–Objection
§ 19-19-804 Exceptions to rule against hearsay–When declarant unavailable as witness
§ 19-19-805 Hearsay within hearsay
§ 19-19-806 Attacking and supporting the declarant
§ 19-19-806.1 Statement by child under age thirteen or child with developmental disability regarding sex crime, physical abuse, or neglect
§ 19-19-806.2 Statements alleging child abuse or neglect
§ 19-19-807 Residual exception
§ 19-19-901 Authenticating or identifying evidence
§ 19-19-902 Evidence that is self-authenticating
§ 19-19-903 Subscribing witnesses
§ 19-19-1001 Definitions that apply to this article
§ 19-19-1002 Requirement of the original
§ 19-19-1003 Admissibility of duplicates
§ 19-19-1004 Admissibility of other evidence of content
§ 19-19-1005 Copies of public records to prove content
§ 19-19-1006 Summaries to prove content
§ 19-19-1007 Testimony or statement of a party to prove content
§ 19-19-1008 Functions of the court and jury
§ 19-19-1009 TDD and TTY communications inadmissible as evidence
§ 19-19-1101 Applicability of chapter
§ 19-19-1102 Title

Terms Used In South Dakota Codified Laws > Title 19 > Chapter 19 - South Dakota Rules of Evidence

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • 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.
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Fiduciary: A trustee, executor, or administrator.
  • Fraud: Intentional deception resulting in injury to another.
  • 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.
  • 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.
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Intestate: Dying without leaving a will.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Juror: A person who is on the jury.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Oath: includes affirmation. See South Dakota Codified Laws 2-14-2
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper, and also the word "seal" written or printed on such paper. See South Dakota Codified Laws 2-14-2
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.
  • Testate: To die leaving a will.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Third persons: includes all who are not parties to the obligation or transaction concerning which the phrase is used. See South Dakota Codified Laws 2-14-2
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Verdict: includes not only the verdict of a jury, but also the finding upon the facts of a judge, or of a referee appointed to determine the issues in a cause. See South Dakota Codified Laws 2-14-2
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2