SUPREME COURT RULES AND ORDERS
IN THE SUPREME COURT
STATE OF SOUTH DAKOTA
* * * *
IN THE MATTER OF THE AMENDMENT OF SDCL 19-19-404(b)
A hearing was held on August 24, 2021, at Pierre, South Dakota, relating to the amendment of SDCL 19-19-404(b) and the Court having considered the proposed amendment, oral presentation relating thereto and being fully advised in the premises, now, therefore, it is
ORDERED that SDCL 19-19-404(b) be and it is hereby amended to read in its entirety as follows:
crimes, wrongs, or other
Uses. Evidence of
crime, wrong, or other
act is not admissible to prove a person’s character in order to
show that on a particular occasion the person acted in accordance
with the character.
; notice in a
This evidence may be admissible for another purpose, such as proving
motive, opportunity, intent, preparation, plan, knowledge, identity,
absence of mistake, or lack of accident. On
request by a defendant in a criminal case, the prosecutor must:
(3) Notice in a criminal case. In a criminal case, the prosecutor must:
(A) Provide reasonable notice
the general nature
of any such evidence that the prosecutor intends to offer at trial,
so that the defendant has a fair opportunity to meet it;
(B) Articulate in the notice the permitted purpose for which the prosecutor intends to offer the evidence and the reasoning that supports the purpose; and
(C) Do so in writing before trial – or in any form during trial if the court, for good cause, excuses lack of pretrial notice.
IT IS FURTHER ORDERED that this rule become effective January 1, 2022.
DATED at Pierre, South Dakota, this 1st day of September, 2021.
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
indicate deleted language.