South Dakota § 26-7A-79 Use of depositions.

South Dakota Statutes

§ 26-7A-79 — Use of depositions.

South Dakota § 26-7A-79

Title 26MINORS

Ch. 26-7JUVENILE COURT

This text of South Dakota § 26-7A-79 (Use of depositions.) 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 § 26-7A-79 (2026).

Text

At any hearing, a part or all of a deposition, so far as otherwise admissible under the rules of evidence, may be used if it appears:

(1)That the deponent is dead;

(2)That the deponent is out of the state, unless it appears that the absence of the deponent was procured by the party offering the deposition;

(3)That the deponent is unable to attend or testify because of illness or infirmity;

(4)That the deponent is confined in jail or prison outside the state; or (5) That such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used, and the offering party has made application and given notice. If a deposition ha

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

At any hearing, a part or all of a deposition, so far as otherwise admissible under the rules of evidence, may be used if it appears: (1) That the deponent is dead; (2) That the deponent is out of the state, unless it appears that the absence of the deponent was procured by the party offering the deposition; (3) That the deponent is unable to attend or testify because of illness or infirmity; (4) That the deponent is confined in jail or prison outside the state; or (5) That such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used, and the offering party has made application and given notice. If a deposition has been taken, it may be read in any phase of the same action and on any hearing of the action. Any deposition may also be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness. If only a part of a deposition is offered in evidence by a party, an adverse party may require the offering party to offer all of the deposition that is relevant to the part offered and any party may offer other parts.