2012 South Dakota Codified Laws
Title 19 EVIDENCE
Chapter 18. Contents Of Writings, Recordings And Photographs
§19-18-4 (Rule 1004) Original not required if unavailable or used on collateral matter.
19-18-4. (Rule 1004) Original not required if unavailable or used on collateral matter. The original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if:
(1) All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; or
(2) No original can be obtained by any available judicial process or procedure; or
(3) At a time when an original was under the control of the party against whom offered, he was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing and he does not produce the original at the hearing; or
(4) The writing, recording, or photograph is not closely related to a controlling issue.
Source: Supreme Court Rule 78-2, Rule 1004.
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