2012 South Dakota Codified Laws
Title 19 EVIDENCE
Chapter 16. Hearsay
§19-16-9 (Rule 803(5)) Recorded recollection of past event.


SD Codified L § 19-16-9 (through 2012) What's This?


19-16-9. (Rule 803(5)) Recorded recollection of past event. A memorandum or record concerning a matter about which a witness once had knowledge but now has insufficient recollection to enable him to testify fully and accurately, shown to have been made or adopted by the witness when the matter was fresh in his memory and to reflect that knowledge correctly, is not excluded by § 19-16-4. If admitted, the memorandum or record may be read into evidence but may not itself be received as an exhibit unless offered by an adverse party.

Source: Supreme Court Rule 78-2, Rule 803 (5).

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