reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 13A - Uniform Mediation Act › Section 19-13A-2 - Definitions.

19-13A-2. Definitions.
In this chapter:
(1)"Mediation" means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute.
(2)"Mediation communication" means a statement, whether oral or in a record or verbal or nonverbal, that occurs during a mediation or is made for purposes of considering, conducting, participating in, initiating, continuing, or reconvening a mediation or retaining a mediator.
(3)"Mediator" means an individual who conducts a mediation.
(4)"Nonparty participant" means a person, other than a party or mediator, that participates in a mediation.
(5)"Mediation party" means a person that participates in a mediation and whose agreement is necessary to resolve the dispute.
(6)"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation, or any other legal or commercial entity.
(7)"Proceeding" means:
(A)a judicial, administrative, arbitral, or other adjudicative process, including related pre-hearing and post-hearing motions, conferences, and discovery; or
(B)a legislative hearing or similar process.
(8)"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(9)"Sign" means:
(A)to execute or adopt a tangible symbol with the present intent to authenticate a record; or
(B)to attach or logically associate an electronic symbol, sound, or process to or with a record with the present intent to authenticate a record.
Source:
SL 2008, ch 286 (Supreme Court Rule 07-07), eff. Jan. 1, 2008.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 19 - South Dakota Rules of Evidence › Section 19-19-302 - Presumptions in criminal cases.

19-19-302. Presumptions in criminal cases.
(a) Scope. Except as otherwise provided by statute, in criminal cases, presumptions against an accused, recognized at common law or created by statute, including statutory provisions that certain facts are prima facie evidence of other facts or of guilt, are governed by this section.
(b) Submission to jury. The court is not authorized to direct the jury to find a presumed fact against the accused. If a presumed fact establishes guilt or is an element of the offense or negatives a defense, the court may submit the question of guilt or of the existence of the presumed fact to the jury, but only if a reasonable juror on the evidence as a whole, including the evidence of the basic facts, could find guilt or the presumed fact beyond a reasonable doubt. If the presumed fact has a lesser effect, the question of its existence may be submitted to the jury provided the basic facts are supported by substantial evidence or are otherwise established, unless the court determines that a reasonable juror on the evidence as a whole could not find the existence of the presumed fact.
(c) Instructing the jury. Whenever the existence of a presumed fact against the accused is submitted to the jury, the court shall instruct the jury that it may regard the basic facts as sufficient evidence of the presumed fact but is not required to do so. In addition, if the presumed fact establishes guilt or is an element of the offense or negatives a defense, the court shall instruct the jury that its existence, on all the evidence, must be proved beyond a reasonable doubt.
Source:
SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 302); SDCL §§19-11-2 to 19-11-4.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 19 - South Dakota Rules of Evidence › Section 19-19-401 - Test for relevant evidence.

19-19-401. Test for relevant evidence.
Evidence is relevant if:
(a)It has any tendency to make a fact more or less probable than it would be without the evidence; and
(b)The fact is of consequence in determining the action.
Source:
SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 401); SDCL §19-12-1; SL 2016, ch 239 (Supreme Court Rule 15-24), eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 19 - South Dakota Rules of Evidence › Section 19-19-402 - Relevant evidence generally admissible--Irrelevant evidence inadmissible.

19-19-402. Relevant evidence generally admissible--Irrelevant evidence inadmissible.
All relevant evidence is admissible, except as otherwise provided by constitution or statute or by this chapter or other rules promulgated by the Supreme Court of this state. Evidence which is not relevant is not admissible.
Source:
SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 402); SDCL §19-12-2.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 19 - South Dakota Rules of Evidence › Section 19-19-403 - Excluding relevant evidence for prejudice, confusion, waste of time, or other reasons.

19-19-403. Excluding relevant evidence for prejudice, confusion, waste of time, or other reasons.
The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
Source:
SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 403); SDCL §19-12-3; SL 2016, ch 239 (Supreme Court Rule 15-25), eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 19 - South Dakota Rules of Evidence › Section 19-19-404 - Character evidence--Crimes or other acts.

19-19-404. Character evidence--Crimes or other acts.
(a) Character evidence.
(1)Prohibited uses. Evidence of a person's character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.
(2)Exceptions for a defendant or victim in a criminal case. The following exceptions apply in a criminal case:
(A)A defendant may offer evidence of the defendant's pertinent trait, and if the evidence is admitted, the prosecutor may offer evidence to rebut it;
(B)Subject to the limitations in §19-19-412, a defendant may offer evidence of an alleged victim's pertinent trait, and if the evidence is admitted, the prosecutor may:
(i)Offer evidence to rebut it; and
(ii)Offer evidence of the defendant's same trait; and
(C)In a homicide case, the prosecutor may offer evidence of the alleged victim's trait of peacefulness to rebut evidence that the victim was the first aggressor.
(3)Exceptions for a witness. Evidence of a witness's character may be admitted under §§19-19-607 to 19-19-609, inclusive.
(b) Other crimes, wrongs, or acts.
(1)Prohibited uses. Evidence of any other crime, wrong, or act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in accordance with the character.
(2)Permitted uses. This evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.
(3)Notice in a criminal case. In a criminal case, the prosecutor must:
(A)Provide reasonable notice of any such evidence that the prosecutor intends to offer at trial, so that the defendant has a fair opportunity to meet it;
(B)Articulate in the notice the permitted purpose for which the prosecutor intends to offer the evidence and the reasoning that supports the purpose; and
(C) Do so in writing before trial--or in any form during trial if the court, for good cause, excuses lack of pretrial notice.
Source:
SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 404); SDCL §§19-12-4, 19-12-5; SL 2016, ch 239 (Supreme Court Rule 15-26), eff. Jan. 1, 2016; SL 2022, ch 251 (Supreme Court Rule 21-10), eff. Jan. 1. 2022.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 19 - South Dakota Rules of Evidence › Section 19-19-405 - Methods of proving character.

19-19-405. Methods of proving character.
(a) By reputation or opinion. When evidence of a person's character or character trait is admissible, it may be proved by testimony about the person's reputation or by testimony in the form of an opinion. On cross-examination of the character witness, the court may allow an inquiry into relevant specific instances of the person's conduct.
(b) By specific instances of conduct. When a person's character or character trait is an essential element of a charge, claim, or defense, the character or trait may also be proved by relevant specific instances of the person's conduct.
Source:
SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 405); SDCL §§19-12-6, 19-12-7; SL 2016, ch 239 (Supreme Court Rule 15-27), eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 19 - South Dakota Rules of Evidence › Section 19-19-406 - Habit--Routine practice.

19-19-406. Habit--Routine practice.
Evidence of a person's habit or an organization's routine practice may be admitted to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice. The court may admit this evidence regardless of whether it is corroborated or whether there was an eyewitness.
Source:
SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 406); SDCL §19-12-8; SL 2016, ch 239 (Supreme Court Rule 15-28), eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 19 - South Dakota Rules of Evidence › Section 19-19-407 - Subsequent remedial measures.

19-19-407. Subsequent remedial measures.
When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove:
(1)Negligence;
(2)Culpable conduct;
(3)A defect in a product or its design; or
(4)A need for a warning or instruction.
But the court may admit this evidence for another purpose, such as impeachment or--if disputed--proving ownership, control, or the feasibility of precautionary measures.
Source:
SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 407); SDCL §19-12-9; SL 2016, ch 239 (Supreme Court Rule 15-29), eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 19 - South Dakota Rules of Evidence › Section 19-19-408 - Compromise offers and negotiations.

19-19-408. Compromise offers and negotiations.
(a) Prohibited uses. Evidence of the following is not admissible--on behalf of any party--either to prove or disprove the validity or amount of a disputed claim or to impeach by a prior inconsistent statement or a contradiction:
(1)Furnishing, promising, or offering--or accepting, promising to accept, or offering to accept--a valuable consideration in compromising or attempting to compromise the claim; and
(2)Conduct or a statement made during compromise negotiations about the claim--except when offered in a criminal case and when the negotiations related to a claim by a public office in the exercise of its regulatory, investigative, or enforcement authority.
(b) Exceptions. The court may admit this evidence for another purpose, such as proving a witness's bias or prejudice, negating a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.
Source:
SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 408); SDCL §19-12-10; SL 2016, ch 239 (Supreme Court Rule 15-30), eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 19 - South Dakota Rules of Evidence › Section 19-19-409 - Offers to pay medical and similar expenses.

19-19-409. Offers to pay medical and similar expenses.
Evidence of furnishing, promising to pay, or offering to pay medical, hospital, or similar expenses resulting from an injury is not admissible to prove liability for the injury.
Source:
SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 409); SDCL §19-12-11; SL 2016, ch 239 (Supreme Court Rule 15-31), eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 19 - South Dakota Rules of Evidence › Section 19-19-410 - Pleas, plea discussions, and related statements.

19-19-410. Pleas, plea discussions, and related statements.
(a) Prohibited uses. In a civil or criminal case, evidence of the following is not admissible against the defendant who made the plea or participated in the plea discussions:
(1)A guilty plea that was later withdrawn;
(2)A nolo contendere plea;
(3)A statement made during a proceeding on either of those pleas under §§23A-7-2 to 23A-7-15, inclusive; or
(4)A statement made during plea discussions with an attorney for the prosecuting authority if the discussions did not result in a guilty plea or they resulted in a later-withdrawn guilty plea.
(b) Exceptions. The court may admit a statement described in this section in a criminal proceeding for perjury or false statement, if the defendant made the statement under oath, on the record, and with counsel present.
Source:
SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 410); SDCL §19-12-12; SL 2016, ch 239 (Supreme Court Rule 15-32), eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 19 - South Dakota Rules of Evidence › Section 19-19-411 - Liability insurance.

19-19-411. Liability insurance.
Evidence that a person was or was not insured against liability is not admissible to prove whether the person acted negligently or otherwise wrongfully. But the court may admit this evidence for another purpose, such as proving a witness's bias or prejudice or proving agency, ownership, or control.
Source:
SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 411); SDCL §19-12-13; SL 2016, ch 239 (Supreme Court Rule 15-33), eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 19 - South Dakota Rules of Evidence › Section 19-19-411.1 - Statements and actions by health care providers not admissible to prove negligence in medical malpractice actions.

19-19-411.1. Statements and actions by health care providers not admissible to prove negligence in medical malpractice actions.
No statement made by a health care provider apologizing for an adverse outcome in medical treatment, no offer to undertake corrective or remedial treatment or action, and no gratuitous act to assist affected persons is admissible to prove negligence by the health care provider in any action for damages for personal injury or death alleging malpractice against any health care provider. Nothing in this section prevents the admission, for the purpose of impeachment, of any statement constituting an admission against interest by the health care provider making such statement.
Source:
SL 2005, ch 117, §1; SDCL §19-12-14.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 19 - South Dakota Rules of Evidence › Section 19-19-412 - Sex-offense cases--Victim's sexual behavior or predisposition.

19-19-412. Sex-offense cases--Victim's sexual behavior or predisposition.
(a) Prohibited uses. The following evidence is not admissible in a civil or criminal proceeding involving alleged sexual misconduct:
(1)Evidence offered to prove that a victim engaged in other sexual behavior; or
(2)Evidence offered to prove a victim's sexual predisposition.
(b) Exceptions.
(1)Criminal cases. The court may admit the following evidence in a criminal case:
(A)Evidence of specific instances of a victim's sexual behavior, if offered to prove that someone other than the defendant was the source of semen, injury, or other physical evidence;
(B)Evidence of specific instances of a victim's sexual behavior with respect to the person accused of the sexual misconduct, if offered by the defendant to prove consent or if offered by the prosecutor; and
(C)Evidence whose exclusion would violate the defendant's constitutional rights.
(2)Civil cases. In a civil case, the court may admit evidence offered to prove a victim's sexual behavior or sexual predisposition if its probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party. The court may admit evidence of a victim's reputation only if the victim has placed it in controversy.
(c) Procedure to determine admissibility.
(1)Motion. If a party intends to offer evidence under this section, the party must:
(A)File a motion that specifically describes the evidence and states the purpose for which it is to be offered;
(B)Do so at least 14 days before trial unless the court, for good cause, sets a different time;
(C)Serve the motion on all parties; and
(D)Notify the victim or, when appropriate, the victim's guardian or representative.
(2)Hearing. Before admitting evidence under this rule, the court must conduct an in camera hearing and give the victim and parties a right to attend and be heard. Unless the court orders otherwise, the motion, related materials, and the record of the hearing must be and remain sealed.
(d) Definition of "victim." In this section, "victim" includes an alleged victim.
Source:
SL 2011, ch 237 (Supreme Court Rule 10-13), eff. July 1, 2012; SDCL §19-12-15; SL 2016, ch 239 (Supreme Court Rule 15-34), eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 19 - South Dakota Rules of Evidence › Section 19-19-501 - Privileges recognized only as provided.

19-19-501. Privileges recognized only as provided.
Except as otherwise provided by constitution or statute or by this chapter or other rules promulgated by the Supreme Court of this state, no person has a privilege to:
(1)Refuse to be a witness;
(2)Refuse to disclose any matter;
(3)Refuse to produce any object or writing; or
(4)Prevent another from being a witness or disclosing any matter or producing any object or writing.
Source:
SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 501); SDCL §19-13-1.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 19 - South Dakota Rules of Evidence › Section 19-19-504 - Spousal privilege.

19-19-504. Spousal privilege.
(a) Definition. A communication is confidential if it is made privately by any person to his or her spouse during their marriage and is not intended for disclosure to any other person.
(b) General rule of privilege. An accused in a criminal proceeding has a privilege to prevent his spouse from testifying as to any confidential communication between the accused and the spouse.
(c) Who may claim the privilege. The privilege may be claimed by the accused or by the spouse on behalf of the accused. The authority of the spouse to do so is presumed.
(d) Exceptions. There is no privilege under this section in a proceeding in which one spouse is charged with a crime against the person or property of:
(1)The other;
(2)A child of either;
(3)A person residing in the household of either; or
(4)A third person committed in the course of committing a crime against any of them.
Source:
SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 504); SDCL §§19-13-12 to 19-13-15.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 19 - South Dakota Rules of Evidence › Section 19-19-505 - Religious privilege.

19-19-505. Religious privilege.
(a) Definitions. As used in this section:
(1)A "clergyman" is a minister, priest, rabbi, accredited Christian Science practitioner, or other similar functionary of a religious organization, or an individual reasonably believed so to be by the person consulting him;
(2)A communication is "confidential" if made privately and not intended for further disclosure except to other persons present in furtherance of the purpose of the communication.
(b) General rule of privilege. A person has a privilege to refuse to disclose and to prevent another from disclosing a confidential communication by the person to a clergyman in his professional character as spiritual adviser.
(c) Who may claim privilege. The privilege may be claimed by the person, by his guardian or conservator, or by his personal representative if he is deceased. The person who was the clergyman at the time of the communication is presumed to have authority to claim the privilege but only on behalf of the communicant.
Source:
SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 505); SDCL §§19-13-16 to 19-13-18.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 19 - South Dakota Rules of Evidence › Section 19-19-506 - Vote at public election.

19-19-506. Vote at public election.
Every person has a privilege to refuse to disclose the tenor of his vote at a public election conducted by secret ballot. This privilege does not apply if the court finds that the vote was cast illegally or determines that the disclosure should be compelled pursuant to the election laws of the state.
Source:
SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 506); SDCL §19-13-19.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 19 - South Dakota Rules of Evidence › Section 19-19-507 - Trade secrets.

19-19-507. Trade secrets.
A person has a privilege, which may be claimed by him or his agent or employee, to refuse to disclose and to prevent other persons from disclosing a trade secret owned by him, if the allowance of the privilege will not tend to conceal fraud or otherwise work injustice. If disclosure is directed, the court shall take such protective measures as the interest of the holder of the privilege and of the parties and the interest of justice require.
Source:
SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 507); SDCL §19-13-20.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 19 - South Dakota Rules of Evidence › Section 19-19-508 - Confidential communications to public officer.

19-19-508. Confidential communications to public officer.
A public officer cannot be examined as to communications made to him in an official confidence, when the public interests would suffer by the disclosure.
Source:
SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 508); SDCL §19-13-21.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 19 - South Dakota Rules of Evidence › Section 19-19-508.1 - Student and counselor, psychologist, or social worker--Exceptions.

19-19-508.1. Student and counselor, psychologist, or social worker--Exceptions.
No counselor or school psychologist, certificated in accordance with the certification regulations of the South Dakota Board of Education Standards, or social worker licensed under chapter 36-26 and regularly employed as a counselor, school psychologist, or social worker for a private or public elementary or secondary school or school system in the State of South Dakota, may divulge to any other person, or be examined concerning any information or communication given to the counselor, school psychologist, or social worker in the counselor's, school psychologist's, or social worker's official capacity by a student unless:
(1)This privilege is waived in writing by the student; or
(2)The information or communication was made to the counselor, school psychologist, or social worker for the express purpose of being communicated or of being made public; or
(3)The counselor, school psychologist, or social worker has reason to suspect, as a result of that information or communication, that the student or some other persons have been subjected to child abuse or that the student's physical or mental health or the physical or mental health of other persons may be in jeopardy.
Source:
SL 1972, ch 131; SL 1974, ch 161; SDCL Supp, §19-2-5.1; SL 1998, ch 122, §1; SDCL §19-13-21.1; SL 2017, ch 81, §57; SL 2019, ch 103, §1.
2023 South Dakota Codified Laws › Title 19 - Evidence › Chapter 19 - South Dakota Rules of Evidence › Section 19-19-508.2 - College or university counselor and student--Exceptions--Qualifications of counselor.

19-19-508.2. College or university counselor and student--Exceptions--Qualifications of counselor.
No counselor, regularly employed on a full-time basis as a counselor for a private or public college or university in the State of South Dakota, may divulge to any other person, or be examined concerning any information or communication given to the counselor in his official capacity by a client unless:
(1)This privilege is waived in writing by the student; or
(2)The information or communication was made to the counselor for the express purpose of being communicated or of being made public.
For the purposes of this section "counselor" and "counseling" mean service performed by persons trained in clinical counseling employed by public and private colleges and universities to provide psychological counseling services to enrolled students under stated policy guidelines of the institution.
Source:
SL 1974, ch 163, §§1, 2; SDCL Supp, §19-2-5.2; SDCL §19-13-21.2.