S.D. Codified Laws § 19-10-2

South Dakota Codified Laws

Title 19. Evidence

Chapter 19-10. Judicial Notice

19-10-2. (Rule 201(b)) Kinds of Facts Judicially Noticed

A judicially noticed fact must be one not subject to reasonable dispute in that it is either:

(1) Generally known within the territorial jurisdiction of the trial court;  or

(2) Capable of accurate and ready determination by resort to sources whose

 


S.D. Codified Laws § 19-15-2

SDCL § 19-15-2
South Dakota Codified Laws Currentness
Title 19. Evidence
Chapter 19-15. Opinions and Expert Testimony
19-15-2. (Rule 702) Testimony by experts

If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if:

(1) The testimony is based upon sufficient facts or data,

(2) The testimony is the product of reliable principles and methods, and

(3) The witness has applied the principles and methods reliably to the facts of the case.

CREDIT(S)

Source: Supreme Court Rule 78-2, Rule 702; SL 2011, ch 235 (Supreme Court Rule 10-11), eff. July 1, 2011.

Current through the 2011 Regular Session, Executive Order 11-1, and Supreme Court Rule 11-16

© 2011 by the State of South Dakota

 


S.D. Codified Laws § 19-16-10

South Dakota Codified Laws

Title 19. Evidence

Chapter 19-16. Hearsay


19-16-10. (Rule 803(6)) Business Records Admissible


A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, is not excluded by § 19-16-4, even though the declarant is available as a witness, unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness.  The term "business" as used in this section includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit.

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