South Dakota statute
SDCL § 26-7A-79 — Use of depositions
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 7A: Juvenile Court, South Dakota Codified Laws.
Full text of SDCL § 26-7A-79
Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.
At any hearing, a part or all of a deposition, so far as otherwise admissible under the rules of evidence, may be used if it appears:
(1) That the deponent is dead;
(2) That the deponent is out of the state, unless it appears that the absence of the deponent was procured by the party offering the deposition;
(3) That the deponent is unable to attend or testify because of illness or infirmity;
(4) That the deponent is confined in jail or prison outside the state; or
(5) That such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used, and the offering party has made application and given notice.
If a deposition has been taken, it may be read in any phase of the same action and on any hearing of the action. Any deposition may also be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness. If only a part of a deposition is offered in evidence by a party, an adverse party may require the offering party to offer all of the deposition that is relevant to the part offered and any party may offer other parts.
Official sources
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This reference is informational and is not legal advice.