2012 South Dakota Codified Laws
Title 19 EVIDENCE
Chapter 14. Witnesses
§19-14-13 (Rule 609(b)) Old convictions bearing on credibility of witness--Advance notice to opponent.


SD Codified L § 19-14-13 (through 2012) What's This?


19-14-13. (Rule 609(b)) Old convictions bearing on credibility of witness--Advance notice to opponent. Evidence of a conviction under § 19-14-12 is not admissible if a period of more than ten years has elapsed since the date of the conviction or of the release of the witness from the confinement imposed for that conviction, whichever is the later date, unless the court determines, in the interests of justice, that the probative value of the conviction supported by specific facts and circumstances substantially outweighs its prejudicial effect. However, evidence of a conviction more than ten years old as calculated herein, is not admissible unless the proponent gives to the adverse party sufficient advanced written notice of intent to use such evidence to provide the adverse party with a fair opportunity to contest the use of such evidence.

Source: Supreme Court Rule 78-2, Rule 609 (b).

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