There is a newer version of the South Dakota Codified Laws
2012 South Dakota Codified Laws
Title 19 EVIDENCE
Chapter 09. Rules Of Evidence--General Provisions
§19-9-7 (Rule 104(a)) Preliminary questions determined by court.
SD Codified L § 19-9-7 (through 2012) What's This?
19-9-7. (Rule 104(a)) Preliminary questions determined by court. Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the court, subject to the provisions of § 19-9-8. In making its determination it is not bound by the rules of evidence except those with respect to privileges.
Source: Supreme Court Rule 78-2, Rule 104 (a).
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