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·Title 19 EVIDENCE·Ch. 19-18 SOUTH DAKOTA RULES OF EVIDENCE

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.

South Dakota § 19-19-1004 (Admissibility of other evidence of content.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.