The Commission of Human Rights is not bound by the strict rules of evidence prevailing in courts of law or equity but the right of cross-examination shall be preserved. The charging party bears the burden of proving by a preponderance of the evidence the allegations in his charge. The testimony taken at a hearing shall be under oath, electronically recorded, or stenographically reported, or both by a commission agent, and transcribed, if ordered by the commission.
S.D. Codified Laws § 20-13-37
Evidence rules inapplicable at hearings--Cross-examination--Burden of proof--Preservation of testimony
Known as the South Dakota Human Relations Act
The act spans §§ 20–20 (84 sections).
Applied in 1 court decision — leading case Davis v. Wharf Resources (USA), Inc. (2015)
Most recently applied in Davis v. Wharf Resources (USA), Inc. (July 2015)
Source: SL 1972, ch 11, § 11 (11); SL 1975, ch 166, § 1; SL 1981, ch 166, § 13.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.