A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may consist of the witness’s own testimony. This rule does not apply to a witness’s expert testimony under § 19-19-703.

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Terms Used In South Dakota Codified Laws 19-19-602

  • 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.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 602); SDCL § 19-14-2; SL 2016, ch 239 (Supreme Court Rule 15-36), eff. Jan. 1, 2016.