South Dakota Statutes
§ 19-1-3 — Attorney as witness.
South Dakota § 19-1-3
This text of South Dakota § 19-1-3 (Attorney as witness.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
S.D. Codified Laws § 19-1-3 (2026).
Text
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.
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Related
Ward v. Lange
1996 SD 113 (South Dakota Supreme Court, 1996)
Daniel Athey v. Farmers Insurance Exchangeillinois Farmers Insurance Company
234 F.3d 357 (Eighth Circuit, 2000)
State v. Rough Surface
440 N.W.2d 746 (South Dakota Supreme Court, 1989)
State v. Iron Necklace
430 N.W.2d 66 (South Dakota Supreme Court, 1988)
Rumpza v. Donalar Enterprises, Inc.
1998 SD 79 (South Dakota Supreme Court, 1998)
Jones v. SD Children's Home Soc., Sioux Falls
238 N.W.2d 677 (South Dakota Supreme Court, 1976)
In Re Estate of Melcher
232 N.W.2d 442 (South Dakota Supreme Court, 1975)
Voight v. Bauer
232 N.W.2d 442 (South Dakota Supreme Court, 1975)
Smith v. TRIPP COUNTY
2009 SD 26 (South Dakota Supreme Court, 2009)
Kern v. Progressive Northern Insurance Co.
2016 SD 52 (South Dakota Supreme Court, 2016)
In Re the Estate of Heibult
2002 SD 128 (South Dakota Supreme Court, 2002)
Satschel, Inc. v. Gregory Wilson
(D. South Dakota, 2025)
Daniel Athey v. Farmers Insurance
(Eighth Circuit, 2000)
Legislative History
Supreme Court Rule, Part 2, Rule 29, 1919; Supreme Court Rule 500, 1939; SDC 1939 & Supp 1960, § 36.0107.
Nearby Sections
15
§ 19-1-1
Repealed§ 19-1-3
Attorney as witness.§ 19-1-4
Repealed§ 19-11-1
§ 19-11-1§ 19-12-1
§ 19-12-1§ 19-12-10
§ 19-12-10§ 19-12-11
§ 19-12-11§ 19-12-12
§ 19-12-12§ 19-12-13
§ 19-12-13§ 19-12-14
§ 19-12-14§ 19-12-15
§ 19-12-15§ 19-12-2
§ 19-12-2§ 19-12-3
§ 19-12-3§ 19-12-4
, 19-12-5§ 19-12-6
, 19-12-7Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 19-1-3, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/19-1-3.