Current through the 2024 Legislative Session
Section 19-19-1004 - Admissibility of other evidence of contentAn 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.SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 1004); SDCL § 19-18-4; SL 2016, ch 239 (Supreme Court Rule 15-68), eff. Jan. 1, 2016.SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 1004); SDCL § 19-18-4.