Evidence of a person's habit or an organization's routine practice may be admitted to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice. The court may admit this evidence regardless of whether it is corroborated or whether there was an eyewitness.
S.D. Codified Laws § 19-19-406
Habit--Routine practice
Applied in 2 court decisions — leading case Graff v. Children's Care Hospital and School (2020)
Most recently applied in Ferguson v. Thaemert (December 2020)
Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 406); SDCL § 19-12-8; SL 2016, ch 239 (Supreme Court Rule 15-28), eff
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.