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S.D. Codified Laws § 19-19-613

Witness's prior statement

Applied in 3 court decisions — leading case State v. Little Long (2021)

Most recently applied in Acuity Insurance v. a Maxon and Weatherspoon (September 2024)

Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 613); SDCL §§ 19-14-24, 19-14-25; SL 2016, ch 239 (Supreme Court Rule 15-46), eff

How often courts cite this section

20182020202410
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) Showing or disclosing the statement during examination. When examining a witness about the witness's prior statement, a party need not show it or disclose its contents to the witness. But the party must, on request, show it or disclose its contents to an adverse party's attorney.

(b) Extrinsic evidence of a prior inconsistent statement. Extrinsic evidence of a witness's prior inconsistent statement is admissible only if the witness is given an opportunity to explain or deny the statement and an adverse party is given an opportunity to examine the witness about it, or if justice so requires. This subdivision (b) does not apply to an opposing party's statement under subdivision 19-19-801(d)(2).

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