2012 South Dakota Codified Laws
Title 19 EVIDENCE
Chapter 16. Hearsay
§19-16-33 (Rule 804(b)(4)) Statements as to personal or family history admissible if declarant unavailable.
19-16-33. (Rule 804(b)(4)) Statements as to personal or family history admissible if declarant unavailable. The following are not excluded by § 19-16-4 if the declarant is unavailable as a witness:
(1) A statement concerning the declarant's own birth, adoption, marriage, divorce, legitimacy, relationship by blood, adoption or marriage, ancestry, or other similar fact of personal or family history, even though declarant had no means of acquiring personal knowledge of the matter stated; or
(2) A statement concerning the foregoing matters, and death also, of another person, if the declarant was related to the other by blood, adoption, or marriage or was so intimately associated with the other's family as to be likely to have accurate information concerning the matter declared.
Source: Supreme Court Rule 78-2, Rule 804 (b) (4).
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