2012 South Dakota Codified Laws
Title 19 EVIDENCE
Chapter 16. Hearsay
§19-16-40 (Rule 807) Residual exception.
19-16-40. (Rule 807) Residual exception. A statement not specifically covered by §§ 19-16-5 to 19-16-8, inclusive, or §§ 19-16-9 to 19-16-34, inclusive, but having equivalent circumstantial guarantees of trustworthiness, is not excluded by § 19-16-4, if the court determines that:
(A) The statement is offered as evidence of a material fact;
(B) The statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and
(C) The general purposes of chapters 19-9 to 19-18, inclusive, and the interests of justice will best be served by admission of the statement into evidence.
However, a statement may not be admitted under this exception unless the proponent of it makes known to the adverse party sufficiently in advance of the trial or hearing to provide the adverse party with a fair opportunity to prepare to meet it, the proponent's intention to offer the statement and the particulars of it, including the name and address of the declarant.
Source: SL 2011, ch 239 (Supreme Court Rule 10-15), eff. July 1, 2011.
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