There is a newer version of the South Dakota Codified Laws
2012 South Dakota Codified Laws
Title 19 EVIDENCE
Chapter 16. Hearsay
§19-16-30 (Rule 804(b)(1)) Former testimony admissible if witness unavailable.
SD Codified L § 19-16-30 (through 2012) What's This?
19-16-30. (Rule 804(b)(1)) Former testimony admissible if witness unavailable. Testimony given as a witness at another hearing of the same or a different proceeding, or in a deposition taken in compliance with law in the course of the same or another proceeding, is not excluded by § 19-16-4 if the declarant is unavailable as a witness and if the party against whom the testimony is now offered, or, in a civil action or proceeding, a predecessor in interest, had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination.
Source: Supreme Court Rule 78-2, Rule 804 (b) (1).
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