South Dakota § 19-19-1004 Admissibility of other evidence of content.

South Dakota Statutes

§ 19-19-1004 — Admissibility of other evidence of content.

South Dakota § 19-19-1004

Title 19EVIDENCE

Ch. 19-18SOUTH DAKOTA RULES OF EVIDENCE

This text of South Dakota § 19-19-1004 (Admissibility of other evidence of content.) 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 § 19-19-1004 (2026).

Text

An original is not required and other evidence of the content of a writing, recording, or photograph is admissible if:

(a)All the originals are lost or destroyed, and not by the proponent acting in bad faith;

(b)An original cannot be obtained by any available judicial process;

(c)The party against whom the original would be offered had control of the original; was at that time put on notice, by pleadings or otherwise, that the original would be a subject of proof at the trial or hearing; and fails to produce it at the trial or hearing; or (d) The writing, recording, or photograph is not closely related to a controlling issue.

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An original is not required and other evidence of the content of a writing, recording, or photograph is admissible if: (a) All the originals are lost or destroyed, and not by the proponent acting in bad faith; (b) An original cannot be obtained by any available judicial process; (c) The party against whom the original would be offered had control of the original; was at that time put on notice, by pleadings or otherwise, that the original would be a subject of proof at the trial or hearing; and fails to produce it at the trial or hearing; or (d) The writing, recording, or photograph is not closely related to a controlling issue.