reglab/housing_qa huggingface dataset:
SD Codified L § 19-1-3 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 01 - Competency Of Witnesses|Section 19-1-3 - Attorney as witness.

19-1-3. Attorney as witness.When an attorney is a witness for his client upon any trial except as to merely formal matters such as the attestation or custody of an instrument or the like, he shall not further participate in such trial. This section shall not apply when such attorney's testimony is offered in answer to evidence received on behalf of the other party and it shall appear to the satisfaction of the court that such attorney had no reason to anticipate the necessity of his being a witness. Neither shall this section apply to state's attorneys and the attorney general and their deputies when engaged in the discharge of official duties. Source: Supreme Court Rule, Part 2, Rule 29, 1919; Supreme Court Rule 500, 1939; SDC 1939 & Supp 1960, §36.0107.
SD Codified L § 19-2-3 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 02 - Privileged Matters|Section 19-2-3 - Physician-patient privilege waived when health of person in issue--Waiver to be closely tailored--In camera review if party objects to discovery.

19-2-3. Physician-patient privilege waived when health of person in issue--Waiver to be closely tailored--In camera review if party objects to discovery.In any action or proceeding or quasi-judicial administrative proceeding, if the physical or mental health of any person is in issue, any privilege under subdivision 19-19-503(b) is waived at trial or for the purpose of discovery under chapter 15-6 if such action or proceeding is civil in nature. However, the waiver of the privilege shall be narrow in scope, closely tailored to the time period or subject matter of the claim. If any party or the holder of the privileged records objects to the discovery of the privileged communication on the grounds that disclosure of the communication would subject the party to annoyance, embarrassment, oppression, or undue burden or expense and that the disclosure of the privileged communication is not likely to lead to the discovery of relevant evidence, the court shall conduct an in camera review of the privileged communication to determine whether the communication is discoverable. Source: SDC 1939 & Supp 1960, §36.0101 (3); SL 1979, ch 154, §1; SL 1997, ch 121, §1; SL 2001, ch 103, §2.
SD Codified L § 19-2-3.2 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 02 - Privileged Matters|Section 19-2-3.2 - Physician-patient privilege waived in criminal proceeding.

19-2-3.2. Physician-patient privilege waived in criminal proceeding.In any action or proceeding of a criminal nature, if the physical or mental condition of any person is in issue, any privilege under subdivision 19-19-503(b) shall conclusively be deemed to be waived for the purpose of proving the commission of a criminal offense or for the purpose of impeaching the testimony of the patient, at trial, grand jury proceeding, or preliminary hearing, or for the purpose of discovery under Title 23A. Source: SL 1997, ch 121, §2.
SD Codified L § 19-2-8 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 02 - Privileged Matters|Section 19-2-8 - Court to advise witnesses as to privileged communications and privilege against self-incrimination.

19-2-8. Court to advise witnesses as to privileged communications and privilege against self-incrimination.It shall be the duty of the court, of its own motion and without waiting for objection, to advise a witness at the appropriate time of his right to refuse to answer any question requiring the disclosure of any privileged communication or requiring or tending to require the witness to give testimony which might incriminate him, but the last clause shall not apply to a defendant in a criminal case who takes the stand to testify in his own behalf. Source: Supreme Court Rule 498, 1939; SDC 1939 & Supp 1960, §36.0103.
SD Codified L § 19-2-9 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 02 - Privileged Matters|Section 19-2-9 - Protection of privileges of persons not present.

19-2-9. Protection of privileges of persons not present.In all cases where it shall appear to the court that any person who is not present nor represented at the hearing should be protected in his right to have any communication made under the confidential relations provisions of §§19-19-502 to 19-19-505, inclusive, and §19-19-508, excluded, it shall be the duty of the court to make such objections and orders for such purpose as to the court may seem necessary. Source: Supreme Court Rule 498, 1939; SDC 1939 & Supp 1960, §36.0103.
SD Codified L § 19-2-11 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 02 - Privileged Matters|Section 19-2-11 - Self-incrimination provisions not applicable to perjury prosecutions.

19-2-11. Self-incrimination provisions not applicable to perjury prosecutions.The various statutes, which declare that evidence obtained upon the examination of a person as a witness shall not be received against him in any criminal proceeding, do not forbid such evidence being proved against such person upon any proceedings founded upon a charge of perjury committed in such examination. Source: PenC 1877, §767; CL 1887, §6959; RPenC 1903, §806; RC 1919, §3623; SDC 1939 & Supp 1960, §36.0405.
SD Codified L § 19-2-12 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 02 - Privileged Matters|Section 19-2-12 - No physician-patient privilege if death or substantial bodily harm likely.

19-2-12. No physician-patient privilege if death or substantial bodily harm likely.There is no privilege under subdivision 19-19-503(b) as to any communication to a physician licensed under chapter 36-4 relevant to the physical, mental, or emotional condition of a patient if, under the circumstances, the physician reasonably believes actions by the patient are likely to result in imminent death or substantial bodily harm to another. Source: SL 1994, ch 158.
SD Codified L § 19-2-13 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 02 - Privileged Matters|Section 19-2-13 - Medical privacy.

19-2-13. Medical privacy.The production of a record of a health care provider, whether in litigation or in contemplation of litigation, does not waive any privilege which exists with respect to the record, other than for the use in which it is produced. Any person or entity receiving such a record may not reproduce, distribute, or use it for any purpose other than for which it is produced.This rule does not bar any person or entity from complying with any court order, or state or federal law or regulation authorizing disclosure of information that otherwise would be protected by this rule. Source: SL 2011, ch 231 (Supreme Court Rule 10-07), eff. Oct. 1, 2010; SL 2011, ch 259 (Supreme Court Rule 11-16), eff. July 1, 2011.
SD Codified L § 19-2-14 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 02 - Privileged Matters|Section 19-2-14 - Definitions pertaining to journalist and newscaster privilege.

19-2-14. Definitions pertaining to journalist and newscaster privilege.Terms used in §§19-2-14 to 19-2-20, inclusive, mean:(1)"Journalist," any person who, for pay, is engaged in gathering, preparing, collecting, writing, editing, filming, taping, or photographing news for publication in or with a newspaper, magazine, news agency, press association, wire service, or other professional medium or agency that has as one of its principal functions the processing and researching of news intended for publication. The term includes any person who is an employee of, or who is otherwise affiliated for pay with, the medium or agency and any student enrolled at an accredited university, college, or technical school in this state who otherwise meets the requirements of this subdivision;(2)"Magazine," any publication containing news that is published and distributed periodically for at least one year, has a paid circulation, and has been entered with the United States Postal Service as periodicals-class material;(3)"News," any written, oral, pictorial, photographic, or electronically recorded information or communication concerning local, national, or worldwide events or other matters of public concern or public interest or affecting the public welfare;(4)"News agency," any organization that supplies news to subscribing newspapers, magazines, periodicals, and news broadcasters;(5)"Newscaster," any person who, for pay, is engaged in gathering, preparing, collecting, writing, editing, filming, taping, or broadcasting news on a radio or television station licensed by the Federal Communications Commission. The term includes any student enrolled at an accredited university, college, or technical school in this state who meets the requirements of this subdivision;(6)"Newspaper," any legal newspaper as defined under §§17-2-2.1 to 17-2-2.5, inclusive;(7)"Press association," any association of newspapers or magazines formed to gather and distribute news to its members;(8)"Wire service," any news agency that provides syndicated news copy by wire to subscribing newspapers, magazines, periodicals, or news broadcasters. Source: SL 2019, ch 102, §1.
SD Codified L § 19-2-15 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 02 - Privileged Matters|Section 19-2-15 - Journalist and newscaster privilege.

19-2-15. Journalist and newscaster privilege.A journalist or newscaster who is or has previously been employed by or otherwise associated with any newspaper, magazine, news agency, press association, wire service, radio or television transmission station or network has a privilege to refuse to disclose, and to prevent any other person from disclosing, any information obtained or received in confidence, or the identity of the source of the information, if the journalist or newscaster:(1)Obtains or receives the information, with or without solicitation, in the course of gathering or obtaining news for publication in a newspaper, magazine, or for broadcast by a radio or television transmission station or network; and(2)Is employed by or otherwise associated in a news-gathering capacity with the newspaper, magazine, or radio or television transmission station or network. Source: SL 2019, ch 102, §2.
SD Codified L § 19-2-16 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 02 - Privileged Matters|Section 19-2-16 - Contempt prohibited for asserting journalist and newscaster privilege.

19-2-16. Contempt prohibited for asserting journalist and newscaster privilege.Notwithstanding any other law, a court in connection with any civil or criminal proceeding, the Legislature, any agency or other public body in the state having the power of contempt, may not hold in contempt any journalist or newscaster for asserting the privilege under §19-2-15. A grand jury may not request any court to hold any journalist or newscaster in contempt for asserting the privilege under §19-2-15. Source: SL 2019, ch 102, §3.
SD Codified L § 19-2-17 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 02 - Privileged Matters|Section 19-2-17 - Information to which journalist and newscaster privilege applies.

19-2-17. Information to which journalist and newscaster privilege applies.The privilege asserted in accordance with §19-2-15 applies to any information the journalist or newscaster refuses to disclose, notwithstanding whether:(1)A court, the Legislature, or any agency or public body in the state deems the information to be highly relevant to a particular proceeding or inquiry; or(2)The information is published or otherwise publicly released. Source: SL 2019, ch 102, §4.
SD Codified L § 19-2-18 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 02 - Privileged Matters|Section 19-2-18 - Information obtained in violation of § 19-2-15 inadmissible.

19-2-18. Information obtained in violation of §19-2-15 inadmissible.Any information obtained in violation of §19-2-15 is inadmissible in any action, proceeding, or hearing before the Legislature, any court, or any other agency or public body in the state. Source: SL 2019, ch 102, §5.
SD Codified L § 19-2-19 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 02 - Privileged Matters|Section 19-2-19 - Fine or imprisonment prohibited for asserting journalist and newscaster privilege.

19-2-19. Fine or imprisonment prohibited for asserting journalist and newscaster privilege.No fine or term of imprisonment may be imposed upon any journalist or newscaster for asserting a privilege in accordance with §19-2-15. Source: SL 2019, ch 102, §6.
SD Codified L § 19-2-20 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 02 - Privileged Matters|Section 19-2-20 - Journalist and newscaster privilege applies to supervisors and employers.

19-2-20. Journalist and newscaster privilege applies to supervisors and employers.The privilege asserted in accordance with §19-2-15 applies to any supervisor or employer having authority over the journalist or newscaster, including any faculty advisor, educational institution, newspaper, magazine, or television or transmission station or network that is associated with an accredited college, university, or technical school in this state. Source: SL 2019, ch 102, §7.
SD Codified L § 19-3-1 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 03 - Methods Of Taking Testimony|Section 19-3-1 - Means of testimony enumerated.

19-3-1. Means of testimony enumerated.The testimony of witnesses is taken in three modes:(1)By affidavit;(2)By deposition;(3)By oral examination. Source: CCivP 1877, §463; CL 1887, §5277; RCCivP 1903, §503; RC 1919, §2750; Supreme Court Rule 501, 1939; SDC 1939 & Supp 1960, §36.0201.
SD Codified L § 19-3-2 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 03 - Methods Of Taking Testimony|Section 19-3-2 - Affidavit defined.

19-3-2. Affidavit defined.An affidavit is a written declaration under oath made without notice to the adverse party. Source: CCivP 1877, §464; CL 1887, §5278; RCCivP 1903, §504; RC 1919, §2751; Supreme Court Rule 502, 1939; SDC 1939 & Supp 1960, §36.0202.
SD Codified L § 19-3-3 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 03 - Methods Of Taking Testimony|Section 19-3-3 - Deposition defined.

19-3-3. Deposition defined.A deposition is a written declaration under oath made upon notice to the adverse party for the purpose of enabling him to attend and cross-examine; or upon written interrogatories. Source: CCivP 1877, §465; CL 1887, §5279; RCCivP 1903, §505; RC 1919, §2752; Supreme Court Rule 502, 1939; SDC 1939 & Supp 1960, §36.0202.
SD Codified L § 19-3-4 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 03 - Methods Of Taking Testimony|Section 19-3-4 - Oral examination defined.

19-3-4. Oral examination defined.An oral examination is an examination in the presence of the court, tribunal, or person authorized to take testimony. Source: CCivP 1877, §466; CL 1887, §5280; RCCivP 1903, §506; RC 1919, §2753; Supreme Court Rule 502, 1939; SDC 1939 & Supp 1960, §36.0202.
SD Codified L § 19-3-7 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 03 - Methods Of Taking Testimony|Section 19-3-7 - Interpreter for witness unable to communicate in English--Compensation.

19-3-7. Interpreter for witness unable to communicate in English--Compensation.When a witness cannot communicate or understand the English language the court shall procure and appoint a disinterested interpreter or translator for him who shall be compensated for those services as the court shall certify to be reasonable and just, to be paid and collected as other costs. Source: SL 1868-9, ch 6, §18; PolC 1877, ch 39, §29; CCivP 1877, §502; CL 1887, §§1433, 5316; RPolC 1903, §1855; RCCivP 1903, §541; SL 1911, ch 187; RC 1919, §§2733, 5194; SDC 1939 & Supp 1960, §§32.0505, 36.0207; SDCL, §16-7-14; SL 1974, ch 162, §1.
SD Codified L § 19-3-10 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 03 - Methods Of Taking Testimony|Section 19-3-10 - Interpreters for deaf and mute persons--Proceedings for which required.

19-3-10. Interpreters for deaf and mute persons--Proceedings for which required.A qualified interpreter shall be appointed in the following cases for persons who are deaf or mute or both:(1)In any grand jury proceeding, when the witness is deaf or mute, or both;(2)In any court proceeding involving a person who is deaf or mute, or both, and such proceeding may result in the confinement of such person or the imposition of a penal sanction against such person;(3)In any proceeding before a board, commission, agency, or licensing authority of the state or any of its political subdivisions, when the principal party in interest is deaf or mute, or both;(4)When a person who is deaf or mute, or both, is arrested for an alleged violation of a criminal law of the state or any city ordinance. Such appointment shall be made prior to any attempt to interrogate or take a statement from such persons. Source: SL 1974, ch 164, §1.
SD Codified L § 19-3-10.1 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 03 - Methods Of Taking Testimony|Section 19-3-10.1 - Sign language interpreters and relay service operators prohibited from divulging information--Misdemeanor.

19-3-10.1. Sign language interpreters and relay service operators prohibited from divulging information--Misdemeanor.No sign language interpreter or relay service operator who has interpreted for or relayed information for a deaf, speech impaired, or hard of hearing person may divulge to any other person any information or communication given to him in his capacity as such an interpreter or relay service operator. A violation of this section is a Class 2 misdemeanor. Source: SL 1991, ch 177, §1; SL 2019, ch 8, §3.
SD Codified L § 19-3-12 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 03 - Methods Of Taking Testimony|Section 19-3-12 - Appointing authority for interpreters--Fees for services.

19-3-12. Appointing authority for interpreters--Fees for services.All interpreters appointed under the provisions of §19-3-10 shall be appointed by the judge if the appearance is before any court or by the chairman or presiding or executive officer of any board, commission, or agency by which the proceeding involving such person is being conducted. The court or agency conducting such proceeding shall determine and fix a reasonable fee for the services of the interpreter and shall provide for the payment of such costs out of funds appropriated for the operation of such courts and agencies. Source: SL 1974, ch 164, §2.
SD Codified L § 19-3-14 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 03 - Methods Of Taking Testimony|Section 19-3-14 - Inherent judicial power not limited.

19-3-14. Inherent judicial power not limited.Section 19-3-10 shall not be construed to limit the inherent power of a court to appoint an interpreter in other cases. Source: SL 1974, ch 164, §5; SL 1979, ch 154, §14.
SD Codified L § 19-4-1 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 04 - Affidavits And Certificates|Section 19-4-1 - Place and person before whom affidavit made.

19-4-1. Place and person before whom affidavit made.An affidavit may be made in or out of this state before any person authorized to administer an oath. Source: CCivP 1877, §468; SL 1885, ch 2, §1; CL 1887, §5282; RCCivP 1903, §508; RC 1919, §2755; Supreme Court Rule 503, 1939; SDC 1939 & Supp 1960, §36.0203.
SD Codified L § 19-4-2 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 04 - Affidavits And Certificates|Section 19-4-2 - Use of affidavits in actions and proceedings.

19-4-2. Use of affidavits in actions and proceedings.An affidavit may be used to verify a pleading, to prove the service of a summons, notice, or other process in an action, to obtain a provisional remedy, an examination of a witness, a stay of proceedings, or upon a motion, and in any other case permitted by law. Source: CCivP 1877, §467; CL 1887, §5281; RCCivP 1903, §507; RC 1919, §2754; Supreme Court Rule 503, 1939; SDC 1939 & Supp 1960, §36.0203.
SD Codified L § 19-4-3 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 04 - Affidavits And Certificates|Section 19-4-3 - Title not required on affidavit.

19-4-3. Title not required on affidavit.It shall not be necessary to entitle an affidavit in the action or proceeding, but an affidavit made without a title, or with a defective title, shall be as valid and effectual, for every purpose, as if it were duly entitled, if it intelligibly refer to the action or proceeding in which it is made. Source: CCivP 1877, §527; CL 1887, §5341; RCCivP 1903, §566; RC 1919, §2099; Supreme Court Rule 503, 1939; SDC 1939 & Supp 1960, §36.0203.
SD Codified L § 19-4-6 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 04 - Affidavits And Certificates|Section 19-4-6 - Affidavit after search of newspaper files prima facie evidence of publication of notice.

19-4-6. Affidavit after search of newspaper files prima facie evidence of publication of notice.If the affidavit of publication described in §17-2-22.1 cannot be procured, and the files of such newspaper for the period involved are available, then any person may inspect such file and make affidavit as to the facts appearing therein, and that such newspaper was at the time a legal publication, and such affidavit shall be deemed presumptive evidence of such publication as is described in such affidavit. Source: SDC 1939 & Supp 1960, §36.1102.
SD Codified L § 19-4-9 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 04 - Affidavits And Certificates|Section 19-4-9 - Statements in certification of writing for introduction into evidence--Seal.

19-4-9. Statements in certification of writing for introduction into evidence--Seal.Whenever a copy of a writing is certified for the purpose of being offered in evidence before any court or any officer, board, or tribunal, the certificate must state in substance that the copy is a correct copy of the original, or of a specified part thereof, as the case may be. The certificate must be under the official seal of the certifying officer, if there be any, or if he be the clerk of a court having a seal, under the seal of such court. Source: CCivP 1877, §497; CL 1887, §5311; RCCivP 1903, §536; RC 1919, §2728; SDC 1939 & Supp 1960, §36.1101.
SD Codified L § 19-4-10 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 04 - Affidavits And Certificates|Section 19-4-10 - Foundation proof not required for certified copy--Procedure on establishment of falsity.

19-4-10. Foundation proof not required for certified copy--Procedure on establishment of falsity.No foundation proof of the signature of the certifying officer or of the seal or absence of seal shall be required to admit the certificate and copy certified in evidence, but if any party to the proceeding shall prove at any stage of the proceeding that the certificate is not the genuine certificate of the officer certifying, such record shall be stricken from the evidence and the court or other tribunal shall make such orders, deferring or amending any decision based thereon, or granting further hearing or time, and imposing terms and enforcing such other discipline upon the party offering such record as to the court may seem warranted. Source: SDC 1939 & Supp 1960, §36.1101.