SCR 10-14
SUPREME COURT RULES AND ORDERS
IN THE MATTER OF THE ADOPTION
OF A NEW RULE RELATING TO
FEDERAL RULES OF EVIDENCE 705
TO BE DESIGNATED AT SDCL 19-15-5
AND THE REPEAL OF SDCL 19-15-5.1;
SDCL 19-15-5.2; SDCL 19-15-6;
SDCL 19-15-7; SDCL 19-15-8 RULE 10-14
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A hearing was held on February 17, 2010, at Pierre, South Dakota, relating to the
adoption of a new rule relating to the adoption of Federal Rules of Evidence 705, Disclosure of
Facts or Data Underlying Expert Opinion, to be designated at SDCL 19-15-5, and the repeal of
SDCL 19-15-5.1; SDCL 19-15-5.2; SDCL 19-15-6; SDCL 19-15-7; and SDCL 19-15-8, and
the Court having considered the proposed adoption and correspondence relating thereto and
being fully advised in the premises, now, therefore, it is
ORDERED that the adoption of a new rule relating to the adoption of Federal Rules of
Evidence 705, Disclosure of Facts or Data Underlying Expert Opinion, to be designated at
SDCL 19-15-5 be and it is hereby adopted to read in its entirety as follows:
19-15-5. (Rule 705) Disclosure of facts or data underlying expert opinion.The expert
may testify in terms of opinion or inference and give reasons therefore without first testifying
to the underlying facts or data, unless the court requires otherwise. The expert may in any event
be required to disclose the underlying facts or data on cross-examination.
ORDERED that SDCL 19-15-5.1 be and it is hereby repealed.
ORDERED that SDCL 19-15-5.2 be and it is hereby repealed.
ORDERED that SDCL 19-15-6 be and it is hereby repealed.
ORDERED that SDCL 19-15-7 be and it is hereby repealed.
ORDERED that SDCL 19-15-8 be and it is hereby repealed.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2011.