There is a newer version of the South Dakota Codified Laws
2012 South Dakota Codified Laws
Title 19 EVIDENCE
Chapter 16. Hearsay
§19-16-34 (Rule 804(b)(5)) Decedents' statements admissible.
SD Codified L § 19-16-34 (through 2012) What's This?
19-16-34. (Rule 804(b)(5)) Decedents' statements admissible. In actions, suits, or proceedings by or against the representatives of deceased persons including proceedings for the probate of wills, any statement of the deceased whether oral or written shall not be excluded as hearsay, provided that the trial judge shall first find as a fact that the statement was made by decedent, and that it was in good faith and on decedent's personal knowledge.
Source: Supreme Court Rule 499, 1939; SDC 1939 & Supp 1960, § 36.0104; SDCL, § 30-15-7; Supreme Court Rule 78-2, Rule 804 (b) (5).
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