South Dakota Mock Trial Rules

Midwest

SD · Capital: Pierre

Evidence Rules

South Dakota Rules of Evidence

Citation: S.D. Codified Laws §§ 19-12 to 19-19 (SDCL ch. 19-12 through 19-19)

South Dakota's evidence rules are codified as statutes (SDCL Title 19) rather than court-adopted rules, meaning changes require legislative action
South Dakota follows the Daubert standard for expert testimony under SDCL § 19-19-702 as confirmed in State v. Hofer
South Dakota's prior bad acts statute (SDCL § 19-19-404(b)) requires notice but does not enumerate specific permitted purposes as exhaustively as the FRE

Rule	Description
SDCL § 19-19-702	Expert testimony admissibility evaluated under Daubert reliability standard; court must find methodology and application are reliable
SDCL § 19-19-803(24)	Residual hearsay exception requires advance notice and a showing that the statement has equivalent circumstantial guarantees of trustworthiness
SDCL § 19-19-609	Impeachment by prior conviction permits felony use within 10 years; crimes of dishonesty are admissible without balancing test

Civil Procedure

South Dakota Rules of Civil Procedure (SDCL ch. 15)

Criminal Procedure

South Dakota Codified Laws Title 23A (Criminal Procedure)

South Dakota Circuit Courts are the general jurisdiction trial courts across seven judicial circuits
Judicial economy provisions allow magistrate judges to handle preliminary matters and minor offenses
Attorney-conducted voir dire is permitted with court oversight; challenges for cause are liberally granted

Civil Jury Size

Criminal Jury Size

Yes

Unanimity Required

Civil juries consist of 8 jurors (increased from 6 in 2016); verdict requires agreement of 6 of 8
Criminal felony juries require 12 jurors with unanimous verdict for conviction
Class 2 misdemeanors and lesser offenses may be tried with 6 jurors under SDCL § 23A-18-2

Experience a realistic courtroom simulation using South Dakota rules and procedures.