South Dakota Statutes

§ 19-19-613 — Witness's prior statement.

South Dakota·Title 19 EVIDENCE·Ch. 19-18 SOUTH DAKOTA RULES OF EVIDENCE
(a)Showing or disclosing the statement during examination. When examining a witness about the witness's prior statement, a party need not show it or disclose its contents to the witness. But the party must, on request, show it or disclose its contents to an adverse party's attorney.
(b)Extrinsic evidence of a prior inconsistent statement. Extrinsic evidence of a witness's prior inconsistent statement is admissible only if the witness is given an opportunity to explain or deny the statement and an adverse party is given an opportunity to examine the witness about it, or if justice so requires. This subdivision (b) does not apply to an opposing party's statement under subdivision 19-19-801(d)(2).

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Related

State v. Little Long
962 N.W.2d 237 (South Dakota Supreme Court, 2021)
9 case citations
Acuity Insurance v. a Maxon and Weatherspoon
2024 S.D. 53 (South Dakota Supreme Court, 2024)

Legislative History

SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 613); SDCL §§

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