South Dakota § 19-19-807 - Residual exception.
Full text of South Dakota South Dakota Codified Laws § 19-19-807 — Residual exception., with citation guidance and answers to common questions.
§ 19-19-807. Residual exception.
(a) In general. Under the following conditions, a hearsay statement is not excluded by the rule against hearsay even if the statement is not admissible under a hearsay exception in § 19-19-803 or 19-19-804.
(1)The statement is supported by sufficient guarantees of trustworthiness--after considering the totality of circumstances under which it was made and evidence, if any, corroborating the statement; and
(2)It is more probative on the point for which it is offered than any other evidence that the proponent can obtain through reasonable efforts.
(b) Notice. The statement is admissible only if the proponent gives an adverse party reasonable notice of the intent to offer the statement--including its substance and the declarant's name--so that the party has a fair opportunity to meet it. The notice must be provided in writing before the trial or hearing--or in any form during the trial or hearing if the court, for good cause, excuses a lack of earlier notice.
Source: SL 2011, ch 239 (Supreme Court Rule 10-15); SDCL § 19-16-40; SL 2016, ch 239 (Supreme Court Rule 15-61), eff. Jan. 1, 2016; SL 2022, ch 252 (Supreme Court Rule 21-11), eff. Jan. 1, 2022.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 19-19-807
What does South Dakota Codified Laws § 19-19-807 cover?
Section 19-19-807 ("Residual exception.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 19-19-807?
A common citation format is "South Dakota Codified Laws § 19-19-807" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 19-19-807 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.