- (a) In general. Under the following conditions, a hearsay statement is not excluded by the rule against hearsay even if the statement is not admissible under a hearsay exception in § 19-19-803 or 19-19-804.
- (1) (1)The statement is supported by sufficient guarantees of trustworthiness--after considering the totality of circumstances under which it was made and evidence, if any, corroborating the statement; and
(2) (2)It is more probative on the point for which it is offered than any other evidence that the proponent can obtain through reasonable efforts.
- (b) Notice. The statement is admissible only if the proponent gives an adverse party reasonable notice of the intent to offer the statement--including its substance and the declarant's name--so that the party has a fair opportunity to meet it. The notice must be provided in writing before the trial or hearing--or in any form during the trial or hearing if the court, for good cause, excuses a lack of earlier notice.
Source: SL 2011, ch 239 (Supreme Court Rule 10-15); SDCL § 19-16-40; SL 2016, ch 239 (Supreme Court Rule 15-61), eff. Jan. 1, 2016; SL 2022, ch 252 (Supreme Court Rule 21-11), eff. Jan. 1, 2022.