2011 South Dakota Code
Title 19 EVIDENCE
Chapter 13. Privileges
§19-13-25 (Rule 509(c)(2)) In camera proceedings to determine whether informer should be identified--Relief to opposing party--Protective measures.

19-13-25. (Rule 509(c)(2)) In camera proceedings to determine whether informer should be identified--Relief to opposing party--Protective measures. If it appears in the case that an informer may be able to give testimony relevant to any issue in a criminal case or to a fair determination of a material issue on the merits in a civil case to which a public entity is a party, and the informed public entity invokes the privilege described by § 19-13-22, the court shall give the public entity an opportunity to show in camera facts relevant to determining whether the informer can in fact, supply that testimony. The showing will ordinarily be in the form of affidavits, but the court may direct that testimony be taken if it finds that the matter cannot be resolved satisfactorily upon affidavit. If the court finds there is a reasonable probability that the informer can give the testimony, and the public entity elects not to disclose his identity, in criminal cases the court on motion of the defendant or on its own motion shall grant appropriate relief, which may include one or more of the following:

(1) Requiring the prosecuting attorney to comply;

(2) Granting the defendant additional time or a continuance;

(3) Relieving the defendant from making disclosures otherwise required of him;

(4) Prohibiting the prosecuting attorney from introducing specified evidence; and

(5) Dismissing charges. In civil cases, the court may make any order the interests of justice require. Evidence submitted to the court shall be sealed and preserved to be made available to the appellate court in the event of an appeal, and the contents shall not otherwise be revealed without consent of the informed public entity. All counsel and parties are permitted to be present at every stage of proceedings under this subdivision except a showing in camera at which no counsel or party shall be permitted to be present.

Source: Supreme Court Rule 78-2, Rule 509 (c) (2).