Current with legislation signed by the governor on or before 3/6/2024
Section 19-19-201 - Judicial notice of adjudicative facts(a)Scope. This section governs judicial notice of an adjudicative fact only, not a legislative fact.(b)Kinds of facts that may be judicially noticed. The court may judicially notice a fact that is not subject to reasonable dispute because it:(1) Is generally known within the trial court's territorial jurisdiction; or(2) Can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.(c)Taking notice. The court:(1) May take judicial notice on its own; or(2) Must take judicial notice if a party requests it and the court is supplied with the necessary information.(d)Timing. The court may take judicial notice at any stage of the proceeding.(e)Opportunity to be heard. On timely request, a party is entitled to be heard on the propriety of taking judicial notice and the nature of the fact to be noticed. If the court takes judicial notice before notifying a party, the party, on request, is still entitled to be heard.(f)Instructing the jury. In a civil case, the court must instruct the jury to accept the noticed fact as conclusive. In a criminal case, the court must instruct the jury that it may or may not accept the noticed fact as conclusive.SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 201); SDCL §§ 19-10-1 to 19-10-7; SL 2016, ch 239 (Supreme Court Rule 15-23), eff. Jan. 1, 2016.SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 201); SDCL §§ 19-10-1 to 19-10-7.