2012 South Dakota Codified Laws
Title 19 EVIDENCE
Chapter 16. Hearsay
§19-16-14 (Rule 803(10)) Absence of public record admissible.


SD Codified L § 19-16-14 (through 2012) What's This?


19-16-14. (Rule 803(10)) Absence of public record admissible. To prove the absence of a record, report, statement, or data compilation, in any form, or the nonoccurrence or nonexistence of a matter of which a record, report, statement, or data compilation, in any form, was regularly made and preserved by a public office or agency, evidence in the form of a certification in accordance with § 19-17-5, or testimony, that diligent search failed to disclose the record, report, statement, or data compilation, or entry, is not excluded by § 19-16-4, even though the declarant is available as a witness.

Source: Supreme Court Rule 78-2, Rule 803 (10).

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