reglab/housing_qa huggingface dataset:
SD Codified L § 19-13A-3 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 13A - Uniform Mediation Act|Section 19-13A-3 - Scope.

19-13A-3. Scope.(a) Except as otherwise provided in subsection (b) or (c), this chapter applies to a mediation in which:(1)the mediation parties are required to mediate by statute or court or administrative agency rule or referred to mediation by a court, administrative agency, or arbitrator;(2)the mediation parties and the mediator agree to mediate in a record that demonstrates an expectation that mediation communications will be privileged against disclosure; or(3)the mediation parties use as a mediator an individual who holds himself or herself out as a mediator or the mediation is provided by a person that holds itself out as providing mediation.(b) The chapter does not apply to a mediation:(1)relating to the establishment, negotiation, administration, or termination of a collective bargaining relationship;(2)relating to a dispute that is pending under or is part of the processes established by a collective bargaining agreement, except that the chapter applies to a mediation arising out of a dispute that has been filed with an administrative agency or court;(3)conducted by a judge who might make a ruling on the case; or(4)conducted under the auspices of:(A)a primary or secondary school if all the parties are students or(B)a correctional institution for youths if all the parties are residents of that institution.(c) If the parties agree in advance in a signed record, or a record of proceeding reflects agreement by the parties, that all or part of a mediation is not privileged, the privileges under §§19-13A-4 to 19-13A-6, inclusive, do not apply to the mediation or part agreed upon. However, §§19-13A-4 to 19-13A-6, inclusive, apply to a mediation communication made by a person that has not received actual notice of the agreement before the communication is made. Source: SL 2008, ch 286 (Supreme Court Rule 07-07), eff. Jan. 1, 2008.
SD Codified L § 19-13A-4 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 13A - Uniform Mediation Act|Section 19-13A-4 - Privilege against disclosure--Admissibility--Discovery.

19-13A-4. Privilege against disclosure--Admissibility--Discovery.(a) Except as otherwise provided in §19-13A-6, a mediation communication is privileged as provided in subsection (b) and is not subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by §19-13A-5.(b) In a proceeding, the following privileges apply:(1)A mediation party may refuse to disclose, and may prevent any other person from disclosing, a mediation communication.(2)A mediator may refuse to disclose a mediation communication, and may prevent any other person from disclosing a mediation communication of the mediator.(3)A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a mediation communication of the nonparty participant.(c) Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by reason of its disclosure or use in a mediation. Source: SL 2008, ch 286 (Supreme Court Rule 07-07), eff. Jan. 1, 2008.
SD Codified L § 19-13A-5 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 13A - Uniform Mediation Act|Section 19-13A-5 - Waiver and preclusion of privilege.

19-13A-5. Waiver and preclusion of privilege.(a) A privilege under §19-13A-4 may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation and:(1)in the case of the privilege of a mediator, it is expressly waived by the mediator; and(2)in the case of the privilege of a nonparty participant, it is expressly waived by the nonparty participant.(b) A person that discloses or makes a representation about a mediation communication which prejudices another person in a proceeding is precluded from asserting a privilege under §19-13A-4, but only to the extent necessary for the person prejudiced to respond to the representation or disclosure.(c) A person that intentionally uses a mediation to plan, attempt to commit or commit a crime, or to conceal an ongoing crime or ongoing criminal activity is precluded from asserting a privilege under §19-13A-4. Source: SL 2008, ch 286 (Supreme Court Rule 07-07), eff. Jan. 1, 2008.
SD Codified L § 19-13A-6 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 13A - Uniform Mediation Act|Section 19-13A-6 - Exceptions to privilege.

19-13A-6. Exceptions to privilege.(a) There is no privilege under §19-13A-4 for a mediation communication that is:(1)in an agreement evidenced by a record signed by all parties to the agreement;(2)made during a session of a mediation which is open or is required by law to be open, to the public;(3)a threat or statement of a plan to inflict bodily injury or commit a crime of violence;(4)intentionally used to plan a crime, attempt to commit or commit a crime, or to conceal an ongoing crime or ongoing criminal activity;(5)sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediator;(6)except as otherwise provided in subsection (c), sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediation party, nonparty participant, or representative of a party based on conduct occurring during a mediation; or(7)sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation in a proceeding in which a child or adult protective services agency is a party, unless the matter has been referred to mediation by a court under §§25-4-56 to 25-4-62, in which case the terms of those statutes shall apply.(b) There is no privilege under §19-13A-4 if a court, administrative agency, or arbitrator finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown that the evidence is not otherwise available, that there is a need for the evidence that substantially outweighs the interest in protecting confidentiality, and that the mediation communication is sought or offered in:(1)a court proceeding involving a felony or Class 1 misdemeanor;(2)except as otherwise provided in subsection (c), a proceeding to prove a claim to rescind or reform or a defense to avoid liability on an agreement arising out of the mediation.(c) A mediator may not be compelled to provide evidence of a mediation communication referred to in subsection (a)(6) or (b)(2).(d) If a mediation communication is not privileged under subsection (a) or (b), only the portion of the communication necessary for the application of the exception from nondisclosure may be admitted. Admission of evidence under subsection (a) or (b) does not render the evidence, or any other mediation communication, discoverable or admissible for any other purpose. Source: SL 2008, ch 286 (Supreme Court Rule 07-07), eff. Jan. 1, 2008.
SD Codified L § 19-13A-7 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 13A - Uniform Mediation Act|Section 19-13A-7 - Prohibited mediator reports.

19-13A-7. Prohibited mediator reports.(a) Except as required in subsection (b), a mediator may not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, administrative agency, or other authority that may make a ruling on the dispute that is the subject of the mediation.(b) A mediator may disclose:(1)whether the mediation occurred or has terminated, whether a settlement was reached and if so the terms thereof, and attendance;(2)a mediation communication as permitted under §19-13A-6; or(3)a mediation communication evidencing abuse, neglect, abandonment, or exploitation of an individual to a public agency responsible for protecting individuals against such mistreatment.(c) A communication made in violation of subsection (a) may not be considered by a court, administrative agency, or arbitrator. Source: SL 2008, ch 286 (Supreme Court Rule 07-07), eff. Jan. 1, 2008.
SD Codified L § 19-13A-8 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 13A - Uniform Mediation Act|Section 19-13A-8 - Confidentiality.

19-13A-8. Confidentiality.Unless subject to §1-25-1, mediation communications are confidential to the extent agreed by the parties or provided by other law or rule of this State. Source: SL 2008, ch 286 (Supreme Court Rule 07-07), eff. Jan. 1, 2008.
SD Codified L § 19-13A-9 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 13A - Uniform Mediation Act|Section 19-13A-9 - Mediator's disclosure of conflicts of interest--Background.

19-13A-9. Mediator's disclosure of conflicts of interest--Background.(a) Before accepting a mediation, an individual who is requested to serve as a mediator shall:(1)make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and an existing or past relationship with a mediation party or foreseeable participant in the mediation; and(2)disclose any such known fact to the mediation parties as soon as is practical before accepting a mediation.(b) If a mediator learns any fact described in subsection (a)(1) after accepting a mediation, the mediator shall disclose it as soon as is practicable.(c) At the request of a mediation party, an individual who is requested to serve as a mediator shall disclose the mediator's qualifications to mediate a dispute.(d) A person that violates subsection (a) or (b) is precluded by the violation from asserting a privilege under §19-13A-4.(e) Subsections (a), (b), and (c), do not apply to an individual acting as a judge.(f) This chapter does not require that a mediator have a special qualification by background or profession. Source: SL 2008, ch 286 (Supreme Court Rule 07-07), eff. Jan. 1, 2008.
SD Codified L § 19-13A-10 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 13A - Uniform Mediation Act|Section 19-13A-10 - Participation in mediation.

19-13A-10. Participation in mediation.An attorney or other individual designated by a party may accompany the party to and participate in a mediation. A waiver of participation given before the mediation may be rescinded. Source: SL 2008, ch 286 (Supreme Court Rule 07-07), eff. Jan. 1, 2008.
SD Codified L § 19-13A-11 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 13A - Uniform Mediation Act|Section 19-13A-11 - International commercial mediation.

19-13A-11. International commercial mediation.(a) In this section, "Model Law" means the Model Law on International Commercial Conciliation adopted by the United Nations Commission on International Trade Law on 28 June 2002 and recommended by the United Nations General Assembly in a resolution (A/RES/57/18) dated 19 November 2002, and "international commercial mediation" means an international commercial conciliation as defined in Article 1 of the Model Law.(b) Except as otherwise provided in subsections (c) and (d), if a mediation is an international commercial mediation, the mediation is governed by the Model Law.(c) Unless the parties agree in accordance with §19-13A-3(c) that all or part of an international commercial mediation is not privileged, §§19-13A-4 to 19-13A-6, inclusive, and any applicable definitions in §19-13A-2 also apply to the mediation and nothing in Article 10 of the Model Law derogates from §§19-13A-4 to 19-13A-6, inclusive.(d) If the parties to an international commercial mediation agree under Article 1, subsection (7), of the Model Law that the Model Law does not apply, this chapter applies. Source: SL 2008, ch 286 (Supreme Court Rule 07-07), eff. Jan. 1, 2008.
SD Codified L § 19-13A-12 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 13A - Uniform Mediation Act|Section 19-13A-12 - Relation to Electronic Signatures in Global and National Commerce Act.

19-13A-12.Relation to Electronic Signatures in Global and National Commerce Act.This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S. C. Section 7001 et seq., but this chapter does not modify, limit, or supersede Section 101(c) of that Act or authorize electronic delivery of any of the notices described in Section 103(b) of that Act. Source: SL 2008, ch 286 (Supreme Court Rule 07-07), eff. Jan. 1, 2008.
SD Codified L § 19-13A-13 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 13A - Uniform Mediation Act|Section 19-13A-13 - Uniformity of application and construction.

19-13A-13. Uniformity of application and construction.In applying and construing this chapter, consideration should be given to the need to promote uniformity of the law with respect to its subject matter among States that enact it. Source: SL 2008, ch 286 (Supreme Court Rule 07-07), eff. Jan. 1, 2008.
SD Codified L § 19-13A-14 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 13A - Uniform Mediation Act|Section 19-13A-14 - Severability clause.

19-13A-14. Severability clause.If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. Source: SL 2008, ch 286 (Supreme Court Rule 07-07), eff. Jan. 1, 2008.
SD Codified L § 19-13A-15 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 13A - Uniform Mediation Act|Section 19-13A-15 - Application to existing agreements or referrals.

19-13A-15. Application to existing agreements or referrals.(a) This chapter governs a mediation pursuant to a referral or an agreement to mediate made on or after January 1, 2008.(b) On or after January 1, 2008, this chapter governs an agreement to mediate whenever made. Source: SL 2008, ch 286 (Supreme Court Rule 07-07), eff. Jan. 1, 2008.
SD Codified L § 19-19-101 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 19 - South Dakota Rules of Evidence|Section 19-19-101 - Scope--Definitions.

19-19-101. Scope--Definitions.(a) Scope. This chapter governs proceedings in the courts of this state to the extent and with the exceptions stated in §19-19-1101.(b) Definitions. In these rules:(1)"Civil case" means a civil action or proceeding;(2)"Criminal case" includes a criminal proceeding;(3)"Public office" includes a public agency;(4)"Record" includes a memorandum, report, or data compilation;(5)A "rule prescribed by the Supreme Court" means a rule adopted by the Supreme Court under statutory authority; and(6)A reference to any kind of written material or any other medium includes electronically stored information. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 101); SDCL §19-9-1; SL 2016, ch 239 (Supreme Court Rule 15-17), eff. Jan. 1, 2016.
SD Codified L § 19-19-102 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 19 - South Dakota Rules of Evidence|Section 19-19-102 - Purpose.

19-19-102. Purpose.This chapter should be construed so as to administer every proceeding fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law, to the end of ascertaining the truth and securing a just determination. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 102); SDCL §19-9-2; SL 2016, ch 239 (Supreme Court Rule 15-18), eff. Jan. 1, 2016.
SD Codified L § 19-19-103 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 19 - South Dakota Rules of Evidence|Section 19-19-103 - Rulings on evidence.

19-19-103. Rulings on evidence.(a) Preserving a claim of error. A party may claim error in a ruling to admit or exclude evidence only if the error affects a substantial right of the party and:(1)If the ruling admits evidence, a party, on the record:(A)Timely objects or moves to strike; and(B)States the specific ground, unless it was apparent from the context; or(2)If the ruling excludes evidence, a party informs the court of its substance by an offer of proof, unless the substance was apparent from the context.(b) Not needing to renew an objection or offer of proof. Once the court rules definitively on the record--either before or at trial--a party need not renew an objection or offer of proof to preserve a claim of error for appeal.(c) Court's statement about the ruling; directing an offer of proof. The court may make any statement about the character or form of the evidence, the objection made, and the ruling. The court may direct that an offer of proof be made in question and answer form.(d) Preventing the jury from hearing inadmissible evidence. To the extent practicable, the court must conduct a jury trial so that inadmissible evidence is not suggested to the jury by any means.(e) Taking notice of plain error. A court may take notice of a plain error affecting a substantial right, even if the claim of error was not properly preserved. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 103); SL 2006, ch 341 (Supreme Court Rule 06-67); SDCL §§19-9-3 to 19-9-6; SL 2016, ch 239 (Supreme Court Rule 15-19), eff. Jan. 1, 2016.
SD Codified L § 19-19-104 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 19 - South Dakota Rules of Evidence|Section 19-19-104 - Preliminary questions.

19-19-104. Preliminary questions.(a) In general. The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible. In so deciding, the court is not bound by evidence rules, except those on privilege.(b) Relevance that depends on a fact. When the relevance of evidence depends on whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist. The court may admit the proposed evidence on the condition that the proof be introduced later.(c) Conducting a hearing so that the jury cannot hear it. The court must conduct any hearing on a preliminary question so that the jury cannot hear it if:(1)The hearing involves the admissibility of a confession;(2)A defendant in a criminal case is a witness and so requests; or(3)Justice so requires.(d) Cross-examining a defendant in a criminal case. By testifying on a preliminary question, a defendant in a criminal case does not become subject to cross-examination on other issues in the case.(e) Evidence relevant to weight and credibility. This section does not limit a party's right to introduce before the jury evidence that is relevant to the weight or credibility of other evidence. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 104); SDCL §§19-9-7 to 19-9-11; SL 2016, ch 239 (Supreme Court Rule 15-20), eff. Jan. 1, 2016.
SD Codified L § 19-19-105 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 19 - South Dakota Rules of Evidence|Section 19-19-105 - Limiting evidence that is not admissible against other parties or for other purposes.

19-19-105. Limiting evidence that is not admissible against other parties or for other purposes.If the court admits evidence that is admissible against a party or for a purpose--but not against another party or for another purpose--the court, on timely request, must restrict the evidence to its proper scope and instruct the jury accordingly. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 105); SDCL §19-9-12; SL 2016, ch 239 (Supreme Court Rule 15-21), eff. Jan. 1, 2016.
SD Codified L § 19-19-106 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 19 - South Dakota Rules of Evidence|Section 19-19-106 - Remainder of or related writings or recorded statements.

19-19-106. Remainder of or related writings or recorded statements.If a party introduces all or part of a writing or recorded statement, an adverse party may require the introduction, at that time, of any other part--or any other writing or recorded statement--that in fairness ought to be considered at the same time. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 106); SDCL §19-9-13; SL 2016, ch 239 (Supreme Court Rule 15-22), eff. Jan. 1, 2016.
SD Codified L § 19-19-201 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 19 - South Dakota Rules of Evidence|Section 19-19-201 - Judicial notice of adjudicative facts.

19-19-201. Judicial notice of adjudicative facts.(a) Scope. This section governs judicial notice of an adjudicative fact only, not a legislative fact.(b) Kinds of facts that may be judicially noticed. The court may judicially notice a fact that is not subject to reasonable dispute because it:(1)Is generally known within the trial court's territorial jurisdiction; or(2)Can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.(c) Taking notice. The court:(1)May take judicial notice on its own; or(2)Must take judicial notice if a party requests it and the court is supplied with the necessary information.(d) Timing. The court may take judicial notice at any stage of the proceeding.(e) Opportunity to be heard. On timely request, a party is entitled to be heard on the propriety of taking judicial notice and the nature of the fact to be noticed. If the court takes judicial notice before notifying a party, the party, on request, is still entitled to be heard.(f) Instructing the jury. In a civil case, the court must instruct the jury to accept the noticed fact as conclusive. In a criminal case, the court must instruct the jury that it may or may not accept the noticed fact as conclusive. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 201); SDCL §§19-10-1 to 19-10-7; SL 2016, ch 239 (Supreme Court Rule 15-23), eff. Jan. 1, 2016.
SD Codified L § 19-19-301 (2021)
2021 South Dakota Codified Laws|Title 19 - Evidence|Chapter 19 - South Dakota Rules of Evidence|Section 19-19-301 - Presumptions in civil cases.

19-19-301. Presumptions in civil cases.In all civil actions and proceedings, unless otherwise provided for by statute or by this chapter, a presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in the sense of the risk of nonpersuasion, which remains throughout the trial upon the party on whom it was originally cast. When substantial, credible evidence has been introduced to rebut the presumption, it shall disappear from the action or proceeding, and the jury shall not be instructed thereon. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 301); SDCL §19-11-1.