{"data":{"id":"us-sd/sdcl-19-19-801","jurisdiction":"us-sd","citation":"SDCL § 19-19-801","heading":"Definitions that apply to this article--Exclusions from hearsay.","body":"The following definitions apply under this article:\n(a) Statement. \"Statement\" means a person's oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion.\n(b) Declarant. \"Declarant\" means the person who made the statement.\n(c) Hearsay. \"Hearsay\" means a statement that:\n(1) The declarant does not make while testifying at the current trial or hearing; and\n(2) A party offers in evidence to prove the truth of the matter asserted in the statement.\n(d) Statements that are not hearsay. A statement that meets the following conditions is not hearsay:\n(1) A declarant-witness's prior statement. The declarant testifies and is subject to cross-examination about a prior statement, and the statement:\n(A) Is inconsistent with the declarant's testimony and was given under penalty of perjury at a trial, hearing, or other proceeding or in a deposition;\n(B) Is consistent with the declarant's testimony and is offered to rebut an express or implied charge that the declarant recently fabricated it or acted from a recent improper influence or motive in so testifying; or\n(C) Identifies a person as someone the declarant perceived earlier.\n(2) An opposing party's statement. The statement is offered against an opposing party and:\n(A) Was made by the party in an individual or representative capacity;\n(B) Is one the party manifested that it adopted or believed to be true;\n(C) Was made by a person whom the party authorized to make a statement on the subject;\n(D) Was made by the party's agent or employee on a matter within the scope of that relationship and while it existed; or\n(E) Was made by the party's coconspirator during and in furtherance of the conspiracy.\nThe statement must be considered but does not by itself establish the declarant's authority under (C); the existence or scope of the relationship under (D); or the existence of the conspiracy or participation in it under (E).","path":["TITLE 19. EVIDENCE","CHAPTER 19-19. SOUTH DAKOTA RULES OF EVIDENCE"],"source_url":"https://sdlegislature.gov/Statutes/19-19-801","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:56Z","sha256":"b5f801624faea482dba979db6d5f597d568c1a3420d05e731b9c4bb2c7781cd7","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-19-19-707","next":"us-sd/sdcl-19-19-802"},"notice":"GroundRules: Original legal text. Not legal advice."}