South Dakota Codified Laws 19-19-902. Evidence that is self-authenticating
The following items of evidence are self-authenticating. They require no extrinsic evidence of authenticity in order to be admitted.
(1) Domestic public documents that are sealed and signed. A document that bears:
Terms Used In South Dakota Codified Laws 19-19-902
- 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
- Seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper, and also the word "seal" written or printed on such paper. See South Dakota Codified Laws 2-14-2
- Statute: A law passed by a legislature.
(A) A seal purporting to be that of the United States; any state, district, commonwealth, territory, or insular possession of the United States; the former Panama Canal Zone; the Trust Territory of the Pacific Islands; a political subdivision of any of these entities; or a department, agency, or officer of any entity named above; and
(B) A signature purporting to be an execution or attestation.
(2) Domestic public documents that are not sealed but are signed and certified. A document that bears no seal if:
(A) It bears the signature of an officer or employee of an entity named in subdivision (1)(A); and
(B) Another public officer who has a seal and official duties within that same entity certifies under seal–or its equivalent–that the signer has the official capacity and that the signature is genuine.
(3) Foreign public documents. A document that purports to be signed or attested by a person who is authorized by a foreign country’s law to do so. The document must be accompanied by a final certification that certifies the genuineness of the signature and official position of the signer or attester–or of any foreign official whose certificate of genuineness relates to the signature or attestation or is in a chain of certificates of genuineness relating to the signature or attestation. The certification may be made by a secretary of a United States embassy or legation; by a consul general, vice consul, or consular agent of the United States; or by a diplomatic or consular official of the foreign country assigned or accredited to the United States. If all parties have been given a reasonable opportunity to investigate the document’s authenticity and accuracy, the court may, for good cause, either:
(A) Order that it be treated as presumptively authentic without final certification; or
(B) Allow it to be evidenced by an attested summary with or without final certification.
(4) Certified copies of public records. A copy of an official record–or a copy of a document that was recorded or filed in a public office as authorized by law–if the copy is certified as correct by:
(A) The custodian or another person authorized to make the certification; or
(B) A certificate that complies with subdivision (1), (2) or (3), inclusive, or complying with any law of the United States or state thereof.
(5) Official publications. A book, pamphlet, or other publication purporting to be issued by a public authority.
(6) Newspapers and periodicals. Printed material purporting to be a newspaper or periodical.
(7) Trade inscriptions and the like. An inscription, sign, tag, or label purporting to have been affixed in the course of business and indicating origin, ownership, or control.
(8) Acknowledged documents. A document accompanied by a certificate of acknowledgement that is lawfully executed by a notary public or another officer who is authorized to take acknowledgements.
(9) Commercial paper and related documents. Commercial paper, a signature on it, and related documents, to the extent allowed by general commercial law.
(10) Presumptions under a statute. A signature, document, or anything else that a statute of this state declares to be presumptively or prima facie genuine or authentic.