There is a newer version of the South Dakota Codified Laws
2012 South Dakota Codified Laws
Title 19 EVIDENCE
Chapter 16. Hearsay
§19-16-11 (Rule 803(7)) Absence of business record admissible.
SD Codified L § 19-16-11 (through 2012) What's This?
19-16-11. (Rule 803(7)) Absence of business record admissible. Evidence that a matter is not included in the memoranda, reports, records, or data compilations, in any form, kept in accordance with the provisions of § 19-16-10, to prove the nonoccurrence or nonexistence of the matter, is not excluded by § 19-16-4, even though the declarant is available as a witness, if the matter was of a kind of which a memorandum, report, record, or data compilation was regularly made and preserved, unless the sources of information or other circumstances indicate lack of trustworthiness.
Source: Supreme Court Rule 78-2, Rule 803 (7).
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