South Dakota § 19-19-801 - Definitions that apply to this article--Exclusions from hearsay.

§ 19-19-801. Definitions that apply to this article--Exclusions from hearsay.

The following definitions apply under this article:

(a)    Statement. "Statement" means a person's oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion.

(b)    Declarant. "Declarant" means the person who made the statement.

(c)    Hearsay. "Hearsay" means a statement that:

(1)    The declarant does not make while testifying at the current trial or hearing; and

(2)    A party offers in evidence to prove the truth of the matter asserted in the statement.

(d)    Statements that are not hearsay. A statement that meets the following conditions is not hearsay:

(1)    A declarant-witness's prior statement. The declarant testifies and is subject to cross-examination about a prior statement, and the statement:

(A)    Is inconsistent with the declarant's testimony and was given under penalty of perjury at a trial, hearing, or other proceeding or in a deposition;

(B)    Is consistent with the declarant's testimony and is offered to rebut an express or implied charge that the declarant recently fabricated it or acted from a recent improper influence or motive in so testifying; or

(C)    Identifies a person as someone the declarant perceived earlier.

(2)    An opposing party's statement. The statement is offered against an opposing party and:

(A)    Was made by the party in an individual or representative capacity;

(B)    Is one the party manifested that it adopted or believed to be true;

(C)    Was made by a person whom the party authorized to make a statement on the subject;

(D)    Was made by the party's agent or employee on a matter within the scope of that relationship and while it existed; or

(E)    Was made by the party's coconspirator during and in furtherance of the conspiracy.

The statement must be considered but does not by itself establish the declarant's authority under (C); the existence or scope of the relationship under (D); or the existence of the conspiracy or participation in it under (E).

Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 801); SDCL §§ 19-16-1 to 19-16-3; SL 2016, ch 239 (Supreme Court Rule 15-55), eff. Jan. 1, 2016.