South Dakota § 19-19-104 Preliminary questions.

South Dakota Statutes

§ 19-19-104 — Preliminary questions.

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

(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;

Free access — add to your briefcase to read the full text and ask questions with AI

(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.

South Dakota § 19-19-104 (Preliminary questions.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.