South Dakota § 19-19-1008 Functions of the court and jury.

South Dakota Statutes

§ 19-19-1008 — Functions of the court and jury.

South Dakota § 19-19-1008

Title 19EVIDENCE

Ch. 19-18SOUTH DAKOTA RULES OF EVIDENCE

This text of South Dakota § 19-19-1008 (Functions of the court and jury.) 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 § 19-19-1008 (2026).

Text

Ordinarily, the court determines whether the proponent has fulfilled the factual conditions for admitting other evidence of the content of a writing, recording, or photograph under § 19-19-1004 or 19-19-1005 . But in a jury trial, the jury determines--in accordance with subdivision 19-19-104(b)--any issue about whether:

(a)An asserted writing, recording, or photograph ever existed;

(b)Another one produced at the trial or hearing is the original; or (c) Other evidence of content accurately reflects the content.

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Ordinarily, the court determines whether the proponent has fulfilled the factual conditions for admitting other evidence of the content of a writing, recording, or photograph under § 19-19-1004 or 19-19-1005 . But in a jury trial, the jury determines--in accordance with subdivision 19-19-104(b)--any issue about whether: (a) An asserted writing, recording, or photograph ever existed; (b) Another one produced at the trial or hearing is the original; or (c) Other evidence of content accurately reflects the content.