Section 19-16-30 - (Rule 804(b)(1)) Former testimony admissible if witness unavailable. - South-dakota Statutes

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19-16-30. (Rule 804(b)(1)) Former testimony admissible if witness unavailable. Testimony given as a witness at another hearing of the same or a different proceeding, or in a deposition taken in compliance with law in the course of the same or another proceeding, is not excluded by § 19-16-4 if the declarant is unavailable as a witness and if the party against whom the testimony is now offered, or, in a civil action or proceeding, a predecessor in interest, had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination.

Source: Supreme Court Rule 78-2, Rule 804 (b) (1).

State Codes and Statutes

Statutes > South-dakota > Title-19 > Chapter-16 > Statute-19-16-30

19-16-30. (Rule 804(b)(1)) Former testimony admissible if witness unavailable. Testimony given as a witness at another hearing of the same or a different proceeding, or in a deposition taken in compliance with law in the course of the same or another proceeding, is not excluded by § 19-16-4 if the declarant is unavailable as a witness and if the party against whom the testimony is now offered, or, in a civil action or proceeding, a predecessor in interest, had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination.

Source: Supreme Court Rule 78-2, Rule 804 (b) (1).

State Codes and Statutes

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State Codes and Statutes

Statutes > South-dakota > Title-19 > Chapter-16 > Statute-19-16-30

19-16-30. (Rule 804(b)(1)) Former testimony admissible if witness unavailable. Testimony given as a witness at another hearing of the same or a different proceeding, or in a deposition taken in compliance with law in the course of the same or another proceeding, is not excluded by § 19-16-4 if the declarant is unavailable as a witness and if the party against whom the testimony is now offered, or, in a civil action or proceeding, a predecessor in interest, had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination.

Source: Supreme Court Rule 78-2, Rule 804 (b) (1).