An expert may base an opinion on facts or data in the case that the expert has been made aware of or personally observed. If experts in the particular field would reasonably rely on those kinds of facts or data in forming an opinion on the subject, they need not be admissible for the opinion to be admitted. But if the facts or data would otherwise be inadmissible, the proponent of the opinion may disclose them to the jury only if their probative value in helping the jury evaluate the opinion substantially outweighs their prejudicial effect.
S.D. Codified Laws § 19-19-703
Bases of opinion testimony by experts
Applied in 2 court decisions — leading case State v. Krueger (2020)
Most recently applied in State v. Hernandez (April 2023)
Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 703); SL 2011, ch 236 (Supreme Court Rule 10-12); SDCL § 19-15-3; SL 2016, ch 239 (Supreme Court Rule 15-51), 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.