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Code · South Dakota · Title 19 · Chapter 19-19

19-19-1004. Admissibility of other evidence of content.

113 words·~1 min read·/sd/title-19/chapter-19-19/19-19-1004·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

An original is not required and other evidence of the content of a writing, recording, or photograph is admissible if:
(a)All the originals are lost or destroyed, and not by the proponent acting in bad faith;
(b)An original cannot be obtained by any available judicial process;
(c)The party against whom the original would be offered had control of the original; was at that time put on notice, by pleadings or otherwise, that the original would be a subject of proof at the trial or hearing; and fails to produce it at the trial or hearing; or
(d)The writing, recording, or photograph is not closely related to a controlling issue.
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