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Rule 80.Stenographic report or transcript as evidence.

Part X: Circuit Courts and Clerks · Last amended 1966 · Last verified July 16, 2026

In one sentenceRule 15-6-80 lets a certified transcript of a witness’s stenographically reported testimony from an earlier trial or hearing stand in for that testimony at a later trial or hearing where the testimony is admissible.

Full Text of Rule 15-6-80

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Whenever the testimony of a witness at a trial or hearing which was stenographically reported is admissible in evidence at a later trial or hearing, it may be proved by the transcript thereof duly certified by the person who reported the testimony.

Plain-English Summary

Rule 15-6-80 addresses a narrow but practical problem: what to do when testimony that was already given, and stenographically recorded, becomes relevant again in a later proceeding. Whenever the testimony of a witness at a trial or hearing that was stenographically reported is admissible in evidence at a later trial or hearing, the rule lets it be proved through the transcript rather than by calling the witness back.

The transcript has to carry a specific safeguard: it must be duly certified by the person who reported the testimony. That certification requirement ties the document to the court reporter who took it down, rather than allowing any typed copy to substitute for the original record.

The rule addresses only how to prove testimony that is already admissible; it does not itself decide whether that earlier testimony qualifies for admission at the later proceeding. Where it does apply, it spares the parties from re-examining a witness whose earlier testimony already covers the necessary ground.

Frequently Asked Questions

Can I use a transcript of a witness’s earlier testimony instead of calling them back to the stand?

Yes, if the testimony is admissible at the later trial or hearing. Rule 15-6-80 lets it be proved through a transcript duly certified by the person who reported it.

Does the transcript need to be certified, or can any typed copy work?

Rule 15-6-80 requires the transcript to be duly certified by the person who reported the testimony, not just any typed copy of it.

Does this rule make the earlier testimony automatically admissible at the later proceeding?

No. Rule 15-6-80 applies only where the testimony is already admissible in evidence at the later trial or hearing; it addresses how to prove that testimony, not whether it qualifies for admission.

Does Rule 15-6-80 apply to testimony from a hearing, or only from a full trial?

Both. The rule covers testimony given at a trial or hearing that was stenographically reported.

Who has to certify the transcript for it to be used this way?

Rule 15-6-80 requires certification by the person who reported the testimony, meaning the stenographer or court reporter who took it down.

Amendment History

SD RCP, Rule 80, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
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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