(a) Testimony to be taken orally. In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by this chapter or by the South Dakota rules of evidence.
Rule 43.Evidence
Part VI: Trials · Last amended 1993 · Last verified July 16, 2026
In one sentenceRule 15-6-43 requires witness testimony to be taken orally in open court by default, describes the form an oath or affirmation may take, lets the court decide a fact-based motion on affidavits or through live testimony, and sets the procedure for appointing an interpreter at trial.
Full Text of Rule 15-6-43
(d) Oath or affirmation. Whenever under this chapter an oath or affirmation is required, it may be in the form prescribed by §§ 19- 14-3.1 and 19-14-3.2.
(e) Evidence on motions. When a motion is based on facts not appearing of record the court may hear the matter on affidavits presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions. Upon motion of any party for a hearing pursuant to § 21-1-4.1, the court shall consider and decide the matter prior to trial.
(f) Appointment of interpreters. The procedure for appointing interpreters shall be as provided in §§ 19-3-7, 19-3-8 and 19-14-4, and their compensation fixed, paid and collected as provided in § 19-3-7.
Note: (b) Superseded.; (c) Superseded.
Plain-English Summary
Rule 15-6-43 sets the default method for presenting testimony at trial: witnesses testify orally, in open court, unless another provision of this chapter or the South Dakota Rules of Evidence says otherwise. Two of the rule’s original subdivisions, (b) and (c), have since been superseded and carry no live text, so the rule as it stands today runs from subdivision (a) through subdivision (f) with that gap in the lettering.
Where an oath or affirmation is called for under this chapter, it may follow the form set out in sections 19-14-3.1 and 19-14-3.2. And when a motion turns on facts that are not already part of the record, the court has options for how to resolve them: it can decide the motion on affidavits from each side, or direct that the matter be heard wholly or partly through oral testimony or depositions instead. On a motion for a hearing under section 21-1-4.1, the court must consider and decide the matter before trial.
Rule 15-6-43 closes with the procedure for appointing an interpreter, which follows sections 19-3-7, 19-3-8, and 19-14-4, with compensation fixed, paid, and collected as section 19-3-7 provides.
Frequently Asked Questions
Does trial testimony in a South Dakota civil case have to be given live?
By default, yes. Rule 15-6-43 requires testimony to be taken orally in open court, unless this chapter or the South Dakota Rules of Evidence provide otherwise.
Can a South Dakota judge decide a motion just from written affidavits?
Yes. Rule 15-6-43 lets the court decide a motion based on facts not already in the record using affidavits from the parties, or direct that the matter be heard wholly or partly through oral testimony or depositions instead.
What happened to subdivisions (b) and (c) of Rule 15-6-43?
They have been superseded and carry no current text. The rule today runs from subdivision (a) through subdivision (f), skipping over those two.
How does a South Dakota court appoint an interpreter for trial?
Rule 15-6-43 follows the procedure set out in sections 19-3-7, 19-3-8, and 19-14-4, with the interpreter’s compensation fixed, paid, and collected as section 19-3-7 provides.
Is there a required form for an oath or affirmation at trial?
Rule 15-6-43 allows the oath or affirmation to follow the form prescribed in sections 19-14-3.1 and 19-14-3.2.
Amendment History
(a)SD RCP, Rule 43 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 84-8.
(d)SD RCP, Rule 43 (d), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1979, ch 154, § 28.
(e)SD RCP, Rule 43 (e), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1993, ch 387 (Supreme Court Rule 93-4).
(f)SD RCP, Rule 43 (f), as adopted by Sup. Ct. Order No. 2, March 31, 1969, effective July 1, 1969; SL 1979, ch 154, § 29.
Source & verification. Rule text and History are
reproduced verbatim from the South Dakota Codified Laws, published by the
South Dakota Legislative Research Council. Last verified July 16, 2026.
· Official source
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