19-19-807. Residual exception.
106 words·~1 min read·
/sd/title-19/chapter-19-19/19-19-807·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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 .
(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.