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South Dakota · Through 2026-08-31 · Newer source version available

SDCL § 19-19-1004: Admissibility of other evidence of content.

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Where this section sits in the code
  1. TITLE 19. EVIDENCE
  2. CHAPTER 19-19. 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.

Collected 2026-09-03T15:18:56Z. Source file · JSON

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