The testimony of witnesses is taken in three modes:

(1) By affidavit;

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Terms Used In South Dakota Codified Laws 19-3-1

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(2) By deposition;

(3) By oral examination.

Source: CCivP 1877, § 463; CL 1887, § 5277; RCCivP 1903, § 503; RC 1919, § 2750; Supreme Court Rule 501, 1939; SDC 1939 & Supp 1960, § 36.0201.