South Dakota Jury Instruction - 4.1 Impeachment Of Witnesses Inconsistent Statement
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19-19-402 Relevant evidence generally admissible--Irrelevant evidence inadmissible. 19-19-403 Excluding relevant evidence for prejudice, confusion, waste of time, or other reasons. 19-19-404 Character evidence--Crimes or other acts. 19-19-405 Methods of proving character.
[13] Currently, the general rule is as follows: Prior deposition testimony is presumed to be hearsay, and thus inadmissible in a later case, unless there is ?persuasive evidence? it meets one of the exceptions listed in Section 1291.
Under common law, a witness may be impeached by proof the witness has contradicted him- or herself through evidence of prior acts or statements that are inconsistent with testimony given on direct examination.
Extrinsic evidence of a witness's prior inconsistent statement is admissible only if the witness is given an opportunity to explain or deny the statement and an adverse party is given an opportunity to examine the witness about it, or if justice so requires.
801(d)(1)(a): Prior inconsistent statements under oath. If a witness testifies at trial, the witness's prior inconsistent statements made under oath at a trial, hearing or deposition are not hearsay.
Prior identifications of offenders have been admissible in criminal cases for many years. With increasing legislative acceptance of prior identifications as a hearsay exception, the principal focus of the courts turned to the reliability of the pretrial identification procedures themselves.
The best evidence rule provides that the original documents must be provided as evidence, unless the original is lost, destroyed, or otherwise unobtainable.
These five hearsay exceptions are (1) former testimony; (2) dying declarations; (3) statements against interest; (4) a declarant's statements regarding that individual's own family history; and (5) a declarant's statements against a party who caused the declarant's unavailability. See Fed. R.