2012 South Dakota Codified Laws
Title 19 EVIDENCE
Chapter 16. Hearsay
§19-16-2 (Rule 801(d)(1)) Statement not hearsay if declarant testifies.
19-16-2. (Rule 801(d)(1)) Statement not hearsay if declarant testifies. A statement is not hearsay if the declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is:
(1) Inconsistent with his testimony and was given under oath and subject to the penalty of perjury at a trial, hearing, or other proceeding, or in a deposition; or
(2) Consistent with his testimony and is offered to rebut an express or implied charge against him of recent fabrication or improper influence or motive; or
(3) One of identification of a person made after perceiving him.
Source: Supreme Court Rule 78-2, Rule 801 (d) (1).
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