The presiding judge may not testify as a witness at the trial. A party need not object to preserve the issue.
S.D. Codified Laws § 19-19-605
Judge's competency as a witness
Applied in 1 court decision — leading case Estate of Ducheneaux v. Ducheneaux (In Re Estate of Ducheneaux) (2018)
Most recently applied in Estate of Ducheneaux v. Ducheneaux (In Re Estate of Ducheneaux) (March 2018)
Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 605); SDCL § 19-14-5; SL 2016, ch 239 (Supreme Court Rule 15-38), 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.