2012 South Dakota Codified Laws
Title 19 EVIDENCE
Chapter 09. Rules Of Evidence--General Provisions
§19-9-3 (Rule 103(a)) Requirements for error predicated on erroneous evidentiary ruling.
19-9-3. (Rule 103(a)) Requirements for error predicated on erroneous evidentiary ruling. Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected, and:
(1) In case the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating the specific ground of objection, if the specific ground was not apparent from the context; or
(2) In case the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer or was apparent from the context within which questions were asked.
Once the court makes a definitive ruling on the record admitting or excluding evidence, either at or before trial, a party need not renew an objection or offer of proof to preserve a claim of error for appeal.
Source: Supreme Court Rule 78-2, Rule 103 (a); SL 2006, ch 341 (Supreme Court Rule 06-67), eff. July 1, 2006.
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