Chapter 251

SCR 21-10

SUPREME COURT RULES AND ORDERS

IN THE SUPREME COURT

OF THE

STATE OF SOUTH DAKOTA

* * * *

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:

SDCL 19-19-404(b).

(b) Other Crimes crimes, wrongs, or other acts.

(1) Prohibited Uses. Evidence of a any other 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.

(2) Permitted uses; notice in a criminal case. 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 of 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; and

(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.

_______________