Section 19-19-902 - Evidence that is self-authenticatingThe following items of evidence are self-authenticating. They require no extrinsic evidence of authenticity in order to be admitted.
(1)Domestic public documents that are sealed and signed. A document that bears:(A) A seal purporting to be that of the United States; any state, district, commonwealth, territory, or insular possession of the United States; the former Panama Canal Zone; the Trust Territory of the Pacific Islands; a political subdivision of any of these entities; or a department, agency, or officer of any entity named above; and(B) A signature purporting to be an execution or attestation.(2)Domestic public documents that are not sealed but are signed and certified. A document that bears no seal if:(A) It bears the signature of an officer or employee of an entity named in subdivision (1)(A); and(B) Another public officer who has a seal and official duties within that same entity certifies under seal--or its equivalent--that the signer has the official capacity and that the signature is genuine.(3)Foreign public documents. A document that purports to be signed or attested by a person who is authorized by a foreign country's law to do so. The document must be accompanied by a final certification that certifies the genuineness of the signature and official position of the signer or attester--or of any foreign official whose certificate of genuineness relates to the signature or attestation or is in a chain of certificates of genuineness relating to the signature or attestation. The certification may be made by a secretary of a United States embassy or legation; by a consul general, vice consul, or consular agent of the United States; or by a diplomatic or consular official of the foreign country assigned or accredited to the United States. If all parties have been given a reasonable opportunity to investigate the document's authenticity and accuracy, the court may, for good cause, either: (A) Order that it be treated as presumptively authentic without final certification; or(B) Allow it to be evidenced by an attested summary with or without final certification.(4)Certified copies of public records. A copy of an official record--or a copy of a document that was recorded or filed in a public office as authorized by law--if the copy is certified as correct by: (A) The custodian or another person authorized to make the certification; or(B) A certificate that complies with subdivision (1), (2) or (3), inclusive, or complying with any law of the United States or state thereof.(5)Official publications. A book, pamphlet, or other publication purporting to be issued by a public authority.(6)Newspapers and periodicals. Printed material purporting to be a newspaper or periodical.(7)Trade inscriptions and the like. An inscription, sign, tag, or label purporting to have been affixed in the course of business and indicating origin, ownership, or control.(8)Acknowledged documents. A document accompanied by a certificate of acknowledgement that is lawfully executed by a notary public or another officer who is authorized to take acknowledgements.(9)Commercial paper and related documents. Commercial paper, a signature on it, and related documents, to the extent allowed by general commercial law.(10)Presumptions under a statute. A signature, document, or anything else that a statute of this state declares to be presumptively or prima facie genuine or authentic.(11)Certified domestic records of a regularly conducted activity. The original or copy of a domestic record that meets the requirements of subdivision 19-19-803(6)(A) -(C) as shown by a certification of the custodian or another qualified person that complies with a statute or a rule prescribed by the Supreme Court. Before the trial or hearing, the proponent must give an adverse party reasonable written notice of the intent to offer the record--and must make the record and certification available for inspection--so that the party has a fair opportunity to challenge them.(12)Certified foreign records of a regularly conducted activity. In a civil case, the original or copy of a foreign record that meets the requirements of subdivision (11), modified as follows: the certification, rather than complying with a statute or Supreme Court rule, must be signed in a manner that, if falsely made, would subject the maker to a criminal penalty in the country where the certification is signed. The proponent must also meet the notice requirements of subdivision (11).SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 902); SDCL §§ 19-17-2 to 19-17-11; SL 2016, ch 239 (Supreme Court Rule 15-63), eff. Jan. 1, 2016.SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 902); SDCL §§ 19-17-2 to 19-17-11.