Section 19-16-28 - (Rule 803(24)) Other hearsay admissible despite availability of declarant--Criteriafor admission--Advance notice to opponent. - South-dakota Statutes

State Codes and Statutes

Statutes > South-dakota > Title-19 > Chapter-16 > Statute-19-16-28

19-16-28. (Rule 803(24)) Other hearsay admissible despite availability of declarant--Criteria for admission--Advance notice to opponent. A statement not specifically covered by any of §§ 19-16-5 to 19-16-27, inclusive, but having equivalent circumstantial guarantees of trustworthiness, is not excluded by § 19-16-4, even though the declarant is available as a witness, if the court determines that:
(1) The statement is offered as evidence of a material fact;
(2) The statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and
(3) The general purposes of chapters 19-9 to 19-18, inclusive, and the interests of justice will best be served by admission of the statement into evidence. However, a statement may not be admitted under this section unless the proponent of it makes known to the adverse party sufficiently in advance of the trial or hearing to provide the adverse party with a fair opportunity to prepare to meet it, his intention to offer the statement and the particulars of it, including the name and address of the declarant.

Source: Supreme Court Rule 78-2, Rule 803 (24).

State Codes and Statutes

Statutes > South-dakota > Title-19 > Chapter-16 > Statute-19-16-28

19-16-28. (Rule 803(24)) Other hearsay admissible despite availability of declarant--Criteria for admission--Advance notice to opponent. A statement not specifically covered by any of §§ 19-16-5 to 19-16-27, inclusive, but having equivalent circumstantial guarantees of trustworthiness, is not excluded by § 19-16-4, even though the declarant is available as a witness, if the court determines that:
(1) The statement is offered as evidence of a material fact;
(2) The statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and
(3) The general purposes of chapters 19-9 to 19-18, inclusive, and the interests of justice will best be served by admission of the statement into evidence. However, a statement may not be admitted under this section unless the proponent of it makes known to the adverse party sufficiently in advance of the trial or hearing to provide the adverse party with a fair opportunity to prepare to meet it, his intention to offer the statement and the particulars of it, including the name and address of the declarant.

Source: Supreme Court Rule 78-2, Rule 803 (24).

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > South-dakota > Title-19 > Chapter-16 > Statute-19-16-28

19-16-28. (Rule 803(24)) Other hearsay admissible despite availability of declarant--Criteria for admission--Advance notice to opponent. A statement not specifically covered by any of §§ 19-16-5 to 19-16-27, inclusive, but having equivalent circumstantial guarantees of trustworthiness, is not excluded by § 19-16-4, even though the declarant is available as a witness, if the court determines that:
(1) The statement is offered as evidence of a material fact;
(2) The statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and
(3) The general purposes of chapters 19-9 to 19-18, inclusive, and the interests of justice will best be served by admission of the statement into evidence. However, a statement may not be admitted under this section unless the proponent of it makes known to the adverse party sufficiently in advance of the trial or hearing to provide the adverse party with a fair opportunity to prepare to meet it, his intention to offer the statement and the particulars of it, including the name and address of the declarant.

Source: Supreme Court Rule 78-2, Rule 803 (24).