reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 07 - Uniform Unsworn Domestic Declarations Act › Section 18-7-8 - Relation to Electronic Signatures in Global and National Commerce Act.

18-7-8.Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S. C. Section 7003(b).
Source:
SL 2018, ch 128, §8.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 08 - Remote Witnessing Of Legal Instruments › Section 18-8-1 - Definitions.

18-8-1. Definitions.
Terms used in this chapter mean:
(1)“Electronic,” relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;
(2)“Electronic presence,” the relationship of two or more individuals in different locations communicating by means of video communication technology;
(3)“Instrument,” a will, a declaration, a power of attorney, a pre-need cremation authorization, or an anatomical gift or refusal to make an anatomical gift of the individual’s body or part thereof;
(4)"Video communication technology," an electronic device or process that allows a signer and a remotely located person or persons not in the physical presence of the signer to communicate in real-time simultaneously by sight and sound and that makes any necessary reasonable accommodation for individuals with vision, hearing, or speech impairments;
(5)“Signer,” an individual who signs or who acknowledges that signature. A signer also includes an individual who directs another person to sign for the signer in the physical presence of the signer.
Source: SL 2022, ch 56, §1.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 08 - Remote Witnessing Of Legal Instruments › Section 18-8-2 - Conscious presence is electronic presence--Wills.

18-8-2. Conscious presence is electronic presence--Wills.
A non-holographic will is validly signed when signed in the electronic presence of the testator by two or more individuals who, in the electronic presence of the testator, witnessed either the signing of the will or the testator's acknowledgment of that signature.
Source: SL 2022, ch 56, §2.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 08 - Remote Witnessing Of Legal Instruments › Section 18-8-3 - Declaration for life-sustaining treatment.

18-8-3. Declaration for life-sustaining treatment.
A declaration made pursuant to §34-12D-2 may be witnessed by two adult individuals in the electronic presence of the declarant.
Source: SL 2022, ch 56, §3.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 08 - Remote Witnessing Of Legal Instruments › Section 18-8-4 - Durable health care power of attorney.

18-8-4. Durable health care power of attorney.
A durable power of attorney for health care decisions made pursuant to §59-7-2.1 is validly signed when the signature is witnessed by two other adult individuals in the electronic presence of the principal.
Source: SL 2022, ch 56, §4.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 08 - Remote Witnessing Of Legal Instruments › Section 18-8-5 - Anatomical gift or refusal.

18-8-5. Anatomical gift or refusal.
An anatomical gift or a refusal to make an anatomical gift of the individual’s body or part thereof pursuant to subdivisions 34-26-52(b) or 34-26-54(b) may also be witnessed by two adults, at least one of whom is a disinterested witness, who have signed at the request of the signer in the electronic presence of the signer.
Source: SL 2022, ch 56, §5.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 08 - Remote Witnessing Of Legal Instruments › Section 18-8-6 - Cremation authorization.

18-8-6. Cremation authorization.
A pre-need cremation authorization made pursuant to §34-26A-38 may also be witnessed by two witnesses in the electronic presence of the person as authorizing agent.
Source: SL 2022, ch 56, §6.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 05 - Subpoena And Attendance Of Witnesses › Section 19-5-1 - Fees and mileage payments of witnesses.

19-5-1. Fees and mileage payments of witnesses.
Each witness shall receive, for each day's attendance before any court, board, or tribunal in any civil or criminal case twenty dollars and mileage at such rate as may be established pursuant to §3-9-1. Such mileage is limited to each mile actually and necessarily traveled. In any criminal case involving violation of a state law, witness fees on the part of the state shall be paid by the proper county, and the fees of any material witness on the part of the defendant shall be paid by the county unless otherwise ordered by the court. In any case involving violation of an ordinance, the local unit of government passing the ordinance shall pay the witness fees unless otherwise ordered by the court.
However, no person may receive witness fees if serving a period of incarceration in a state, county, or municipal facility at the time that person appears as a witness.
Source:
SDC 1939, §36.0401; SL 1955, ch 134; SL 1974, ch 153, §35; SL 1980, ch 171; SL 1983, ch 164; SL 1986, ch 169, §1; SL 1991, ch 178; SL 1999, ch 109, §1.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 05 - Subpoena And Attendance Of Witnesses › Section 19-5-2 - Public officers and employees not entitled to fees when testifying for state or subdivision--Mileage payable.

19-5-2. Public officers and employees not entitled to fees when testifying for state or subdivision--Mileage payable.
No officer or employee of the State of South Dakota or of any political subdivision thereof including municipalities of the first class shall be paid any fees for giving testimony or evidence in any civil or criminal proceeding or action on behalf of the state or any political subdivision thereof, including municipalities of the first class, provided, however, that whenever such person is required to testify and give evidence in a place other than that of his official residence, he shall be paid his actual and necessary expenses including mileage at the same rate currently effective in the state travel regulations adopted by the State Board of Finance for each mile necessarily traveled and provided further that this section shall not apply to any officer or employee of the state or any political subdivision thereof including municipalities of the first class whose compensation as such officer or employee is paid in whole by fees provided for by law.
Source:
SL 1939, ch 142; SL 1955, ch 135; SDC Supp 1960, §36.0406; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 05 - Subpoena And Attendance Of Witnesses › Section 19-5-3 - Witness immune from service of summons while outside county of residence under subpoena.

19-5-3. Witness immune from service of summons while outside county of residence under subpoena.
A witness shall not be liable to be sued in a county in which he does not reside, by being served with a summons in such county while going, returning, or attending in obedience to a subpoena.
Source:
CCivP 1877, §460; CL 1887, §5274; RCCivP 1903, §500; RC 1919, §2747; SDC 1939 & Supp 1960, §36.0404.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 05 - Subpoena And Attendance Of Witnesses › Section 19-5-4 - Requiring attendance of witness for deposition to be used in another jurisdiction.

19-5-4. Requiring attendance of witness for deposition to be used in another jurisdiction.
Whenever under any mandate, writ, or commission issued out of any court of record in any other state, territory, district, or foreign jurisdiction, or whenever upon notice or agreement, it is required to take the testimony of a witness or witnesses in this state, witnesses may be compelled to appear and testify in the same manner and by the same process and proceedings as may be employed for the purpose of taking testimony in proceedings pending in this state.
This section may be cited as the Uniform Foreign Depositions Act.
Source:
SL 1921, ch 413, §§1, 3; SDC 1939 & Supp 1960, §36.0502.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 05 - Subpoena And Attendance Of Witnesses › Section 19-5-5 - Prisoner produced for oral examination in county.

19-5-5. Prisoner produced for oral examination in county.
A person confined in any prison, facility, or program under the control of the Department of Corrections pursuant to §1-15-1.4, may, by order of any court, be required to be produced for oral examination, by the Department of Corrections, in the county where the person is imprisoned.
Source:
CCivP 1877, §458; CL 1887, §5272; RCCivP 1903, §498; RC 1919, §2745; SDC 1939 & Supp 1960, §36.0108; SL 1999, ch 110, §1.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 05 - Subpoena And Attendance Of Witnesses › Section 19-5-6 - Prisoners outside county to be examined by deposition--Facilities for taking deposition.

19-5-6. Prisoners outside county to be examined by deposition--Facilities for taking deposition.
Except as provided by §19-5-5, the examination of a person confined in any prison, facility, or program under the control of the Department of Corrections pursuant to §1-15-1.4, shall be by deposition.
While an inmate's deposition is being taken, the inmate shall remain in the custody of the officer in charge of the inmate, and the officer in charge shall afford reasonable facilities for the taking of the deposition. If the court orders that an inmate be present for oral examination in a county other than where the inmate is housed, the county where the action is venued is responsible for the transport of the inmate.
Source:
CCivP 1877, §§458, 459; CL 1887, §§5272, 5273; RCCivP 1903, §§498, 499; RC 1919, §§2745, 2746; SDC 1939 & Supp 1960, §36.0108; SL 1999, ch 110, §2.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 05 - Subpoena And Attendance Of Witnesses › Section 19-5-7 - Disobedience of subpoena or refusal to testify as contempt.

19-5-7. Disobedience of subpoena or refusal to testify as contempt.
Disobedience of a subpoena, or a refusal to be sworn, or to answer as a witness, or to subscribe a deposition, when lawfully ordered, may be punished as a contempt of the court or officer, by whom his attendance or testimony is required.
Source:
CCivP 1877, §453; CL 1887, §5267; RCCivP 1903, §493; RC 1919, §2740; SDC 1939 & Supp 1960, §36.0304.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 05 - Subpoena And Attendance Of Witnesses › Section 19-5-8 - Attachment issued on disobedience of subpoena by witness.

19-5-8. Attachment issued on disobedience of subpoena by witness.
When a witness fails to attend in obedience to a subpoena, except in case of a demand and failure to pay his fees, the court or officer before whom his attendance is required may issue an attachment to the sheriff, coroner, or constable of the county, commanding him to arrest and bring the person therein named before the court or officer, at a time and place to be fixed in the attachment, to give his testimony and answer for the contempt.
Source:
CCivP 1877, §454; CL 1887, §5268; RCCivP 1903, §494; RC 1919, §2741; SDC 1939 & Supp 1960, §36.0305.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 05 - Subpoena And Attendance Of Witnesses › Section 19-5-9 - Seal and contents of attachment and commitment order for witness--Direction and execution of order.

19-5-9. Seal and contents of attachment and commitment order for witness--Direction and execution of order.
Every attachment for the arrest or order of commitment to prison of a witness, by a court or officer, pursuant to this chapter, must be under the seal of the court or officer, if he have an official seal, and must specify particularly the cause of the arrest or commitment; and if the commitment be for refusing to answer a question, such question must be stated in the order. Such order of commitment may be directed to the sheriff, coroner, or any constable of the county where such witness resides or may be at the time, and shall be executed by committing him to the jail of such county, and delivering a copy of the order to the jailer.
Source:
CCivP 1877, §457; CL 1887, §5271; RCCivP 1903, §497; RC 1919, §2744; Supreme Court Rule 508, 1939; SDC 1939 & Supp 1960, §36.0307.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 05 - Subpoena And Attendance Of Witnesses › Section 19-5-10 - Amount of undertaking for appearance by witness endorsed on attachment.

19-5-10. Amount of undertaking for appearance by witness endorsed on attachment.
If the attachment issued pursuant to §19-5-8 be not for immediately bringing the witness before the court or officer, a sum may be fixed in which the witness may give an undertaking with surety for his appearance. Such sum shall be endorsed on the back of the attachment, and if no such sum is fixed and endorsed, it shall be one hundred dollars.
Source:
CCivP 1877, §454; CL 1887, §5268; RCCivP 1903, §494; RC 1919, §2741; SDC 1939 & Supp 1960, §36.0305.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 05 - Subpoena And Attendance Of Witnesses › Section 19-5-11 - Show cause order when witness not personally served.

19-5-11. Show cause order when witness not personally served.
If the witness be not personally served, the court may order him to show cause why an attachment should not issue against him.
Source:
CCivP 1877, §454; CL 1887, §5268; RCCivP 1903, §494; RC 1919, §2741; SDC 1939 & Supp 1960, §36.0305.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 05 - Subpoena And Attendance Of Witnesses › Section 19-5-12 - Punishment for contempt by witness.

19-5-12. Punishment for contempt by witness.
The punishment for the contempt described in §19-5-8 shall be as follows: when the witness fails to attend, in obedience to the subpoena, except in case of demand and failure to pay his fees, the court or officer may fine the witness in a sum not exceeding fifty dollars. In other cases the court or officer may fine a witness in a sum not exceeding fifty nor less than five dollars, or may imprison him in the county jail, there to remain until he shall submit to be sworn, testify, or give his deposition.
Source:
CCivP 1877, §455; CL 1887, §5269; RCCivP 1903, §495; RC 1919, §2742; SDC 1939 & Supp 1960, §36.0306.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 05 - Subpoena And Attendance Of Witnesses › Section 19-5-13 - Application for discharge of imprisoned witness.

19-5-13. Application for discharge of imprisoned witness.
A witness imprisoned pursuant to §19-5-12 by an officer before whom his deposition is being taken may apply to a judge of the circuit court, who shall have the power to discharge him, if it appear that his imprisonment is illegal.
Source:
CCivP 1877, §456; CL 1887, §5270; RCCivP 1903, §496; RC 1919, §2743; SDC 1939 & Supp 1960, §36.0306.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 05 - Subpoena And Attendance Of Witnesses › Section 19-5-14 - Civil liability of witness for failure to attend or give testimony.

19-5-14. Civil liability of witness for failure to attend or give testimony.
The witness shall also be liable to the party injured for any damages occasioned by his failure to attend, or his refusal to be sworn, testify, or give his deposition.
Source:
CCivP 1877, §455; CL 1887, §5269; RCCivP 1903, §495; RC 1919, §2742; SDC 1939 & Supp 1960, §36.0306.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 05 - Subpoena And Attendance Of Witnesses › Section 19-5-16 - Fraud or deceit to affect testimony of witness as misdemeanor.

19-5-16. Fraud or deceit to affect testimony of witness as misdemeanor.
Every person who practices any fraud or deceit, or knowingly makes or exhibits any false statement, representation, token, or writing, to any witness or person about to be called as a witness, upon any trial, proceeding, inquiry, or investigation authorized by law, with intent to affect the testimony of such witness, is guilty of a Class 2 misdemeanor.
Source:
PenC 1877, §167; CL 1887, §6367; RPenC 1903, §173; RC 1919, §3761; SDC 1939, §13.1247; SL 1979, ch 150, §23.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 07 - Documents, Records And Judicial Proceedings › Section 19-7-3 - Judicial notice powers unaffected.

19-7-3. Judicial notice powers unaffected.
Nothing contained in this title shall affect the power of the court to take judicial notice of the common law and statutes of other jurisdictions nor to accept proof of the same as provided in chapter 19-8.
Source:
CCivP 1877, §488; CL 1887, §5302; RCCivP 1903, §528; RC 1919, §2718; Supreme Court Rule 546, 1939; SDC 1939 & Supp 1960, §36.0701; SL 1979, ch 154, §20.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 07 - Documents, Records And Judicial Proceedings › Section 19-7-12 - Photographic copies of business and public records.

19-7-12. Photographic copies of business and public records.
If any business, institution, member of a profession or calling, or any department or agency of government, in the regular course of business or activity has kept or recorded any memorandum, writing, entry, print, representation, or combination thereof, of any act, transaction, occurrence, or event, and in the regular course of business has caused any or all of the same to be recorded, copied, or reproduced by any photographic, photostatic, microfilm, microcard, miniature photographic, or other process which accurately reproduces or forms a durable medium for so reproducing the original, the original may be destroyed in the regular course of business unless held in a custodial or fiduciary capacity or unless its preservation is required by law. Such reproduction, when satisfactorily identified is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not and an enlargement or facsimile of such reproduction is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of court. The introduction of a reproduced record, enlargement, or facsimile, does not preclude admission of the original.
This section shall be so interpreted and construed as to effectuate its general purpose of making uniform the law of those states which enact or adopt it.
This section may be cited as the Uniform Photographic Copies of Business and Public Records as Evidence Act.
Source:
Supreme Court Rule adopted March 23, 1950; SDC Supp 1960, §36.1003.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 07 - Documents, Records And Judicial Proceedings › Section 19-7-13 - Common law and statutory methods of proof unimpaired.

19-7-13. Common law and statutory methods of proof unimpaired.
Nothing in this title relating to proof of laws, regulations, records, or documents shall prevent proof of the same or lack of entry therein by any other method authorized by any applicable statute or by the rules of evidence at common law.
Source:
Supreme Court Rule 553, 1939; SDC 1939 & Supp 1960, §36.1104.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 07 - Documents, Records And Judicial Proceedings › Section 19-7-14 - Suppression or destruction of documentary evidence as misdemeanor.

19-7-14. Suppression or destruction of documentary evidence as misdemeanor.
Every person who maliciously practices any deceit or fraud or uses any force or threat with intent to prevent any party to an action, proceeding, trial, investigation, or inquiry from obtaining or producing therein any book, document, paper, record, or other matter or thing which might be evidence, or with intent to prevent any person having in his possession or control any of the same or cognizant of any fact material thereto from producing or disclosing the same; or who, knowing that any of such things is about to be produced in evidence for any such purpose, intentionally destroys the same with intent to prevent it being so produced or used is guilty of a Class 2 misdemeanor.
Source:
PenC 1877, §169; CL 1887, §6369; RPenC 1903, §175; RC 1919, §3763; SDC 1939, §13.1246; SL 1979, ch 150, §24.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 07 - Documents, Records And Judicial Proceedings › Section 19-7-15 - Admissible hearing and trial transcripts.

19-7-15. Admissible hearing and trial transcripts.
The only transcript of any hearing, court trial or jury trial conducted by the Unified Judicial System that is admissible in evidence shall be that prepared by an official court reporter or court recorder or freelance reporter on contract with the Unified Judicial System.
Source:
SL 2010, ch 256 (Supreme Court Rule 10-03), eff. Feb. 26, 2010.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 08 - Proof Of Foreign Law › Section 19-8-1 - Judicial notice of law of jurisdictions within United States.

19-8-1. Judicial notice of law of jurisdictions within United States.
Every court of this state shall take judicial notice of the common law and statutes of every state, territory, and other jurisdiction of the United States.
Source:
SL 1937, ch 257, §1; Supreme Court Rule 547, 1939; SDC 1939 & Supp 1960, §36.0702.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 08 - Proof Of Foreign Law › Section 19-8-2 - Determination of foreign law made by court--Review.

19-8-2. Determination of foreign law made by court--Review.
The determination of the laws referred to in §19-8-1 shall be made by the court and not by the jury, and shall be reviewable.
Source:
SL 1937, ch 257, §3; Supreme Court Rule 547, 1939; SDC 1939 & Supp 1960, §36.0702.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 08 - Proof Of Foreign Law › Section 19-8-3 - Informing court of foreign law--Assistance by counsel.

19-8-3. Informing court of foreign law--Assistance by counsel.
The court may inform itself of the laws referred to in §19-8-1 in such manner as it may deem proper, and the court may call upon counsel to aid it in obtaining such information.
Source:
SL 1937, ch 257, §2; Supreme Court Rule 547, 1939; SDC 1939 & Supp 1960, §36.0702.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 08 - Proof Of Foreign Law › Section 19-8-4 - Evidence of foreign law--Notice of issue to adverse parties.

19-8-4. Evidence of foreign law--Notice of issue to adverse parties.
Any party may also present to the trial court any admissible evidence of the laws referred to in §19-8-1, but, to enable a party to offer evidence of the law in another jurisdiction or to ask that judicial notice be taken thereof, reasonable notice shall be given to the adverse parties either in the pleadings or otherwise.
Source:
SL 1937, ch 257, §4; Supreme Court Rule 547, 1939; SDC 1939 & Supp 1960, §36.0702.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 08 - Proof Of Foreign Law › Section 19-8-5 - Law of foreign countries determined by court--Judicial notice not taken.

19-8-5. Law of foreign countries determined by court--Judicial notice not taken.
The law of a jurisdiction other than those referred to in §19-8-1 shall be an issue for the court, but shall not be subject to the provisions of §§19-8-1 to 19-8-4, inclusive, concerning judicial notice.
Source:
SL 1937, ch 257, §5; Supreme Court Rule 547, 1939; SDC 1939 & Supp 1960, §36.0702.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 08 - Proof Of Foreign Law › Section 19-8-6 - Citation of chapter.

19-8-6. Citation of chapter.
This chapter may be cited as the Uniform Judicial Notice of Foreign Law Act.
Source:
SL 1937, ch 257, §7; Supreme Court Rule 547, 1939; SDC 1939 & Supp 1960, §36.0702.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 13A - Uniform Mediation Act › Section 19-13A-1 - Title.

19-13A-1. Title.
This chapter may be cited as the Uniform Mediation Act.
Source:
SL 2008, ch 286 (Supreme Court Rule 07-07), eff. Jan. 1, 2008.