{"data":{"id":"us-sd/sdcl-19-19-104","jurisdiction":"us-sd","citation":"SDCL § 19-19-104","heading":"Preliminary questions.","body":"(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.\n(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.\n(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:\n(1) The hearing involves the admissibility of a confession;\n(2) A defendant in a criminal case is a witness and so requests; or\n(3) Justice so requires.\n(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.\n(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.","path":["TITLE 19. EVIDENCE","CHAPTER 19-19. SOUTH DAKOTA RULES OF EVIDENCE"],"source_url":"https://sdlegislature.gov/Statutes/19-19-104","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:56Z","sha256":"0f25111dc557caadae67aff848346800c8f90ef1ac53f04904d9c1d9e3f741f3","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-19-19-103","next":"us-sd/sdcl-19-19-105"},"notice":"GroundRules: Original legal text. Not legal advice."}