(a) By reputation or opinion. When evidence of a person‘s character or character trait is admissible, it may be proved by testimony about the person’s reputation or by testimony in the form of an opinion. On cross-examination of the character witness, the court may allow an inquiry into relevant specific instances of the person’s conduct.

(b) By specific instances of conduct. When a person’s character or character trait is an essential element of a charge, claim, or defense, the character or trait may also be proved by relevant specific instances of the person’s conduct.

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Terms Used In South Dakota Codified Laws 19-19-405

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 405); SDCL §§ 19-12-6, 19-12-7; SL 2016, ch 239 (Supreme Court Rule 15-27), eff. Jan. 1, 2016.