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S.D. Codified Laws § 19-19-1008

Functions of the court and jury

Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 1008); SDCL § 19-18-8; SL 2016, ch 239 (Supreme Court Rule 15-72), eff

Ordinarily, the court determines whether the proponent has fulfilled the factual conditions for admitting other evidence of the content of a writing, recording, or photograph under § 19-19-1004 or 19-19-1005. But in a jury trial, the jury determines--in accordance with subdivision 19-19-104(b)--any issue about whether:

(a) An asserted writing, recording, or photograph ever existed;

(b) Another one produced at the trial or hearing is the original; or

(c) Other evidence of content accurately reflects the content.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.