SD Bar Evidence and Ethics — Questions and Answers
Question 1: Under the South Dakota Rules of Evidence, what is hearsay?
- An out-of-court statement offered to prove the truth of the matter asserted (Correct answer)
- Any statement made in court
- A written document submitted as evidence
- Testimony from an expert witness
Correct answer: An out-of-court statement offered to prove the truth of the matter asserted
Hearsay is a statement made outside of court that is offered in court to prove that what was said is actually true. It is generally inadmissible with numerous exceptions.
Question 2: What is the attorney-client privilege in South Dakota?
- Communications between an attorney and client for the purpose of obtaining legal advice are protected from disclosure (Correct answer)
- All conversations with an attorney are automatically privileged
- The privilege only applies in criminal cases
- The privilege can be waived by the court at any time
Correct answer: Communications between an attorney and client for the purpose of obtaining legal advice are protected from disclosure
The attorney-client privilege protects confidential communications made between an attorney and client for the purpose of seeking or providing legal advice.
Question 3: Under South Dakota ethical rules, what duty does an attorney owe to the court?
- A duty of candor, including not making false statements of law or fact to the tribunal (Correct answer)
- No duties to the court, only to the client
- A duty to win at all costs
- A duty to agree with the judges rulings
Correct answer: A duty of candor, including not making false statements of law or fact to the tribunal
Attorneys have an ethical duty of candor to the court, prohibiting them from making false statements, presenting false evidence, or engaging in conduct that undermines the integrity of the proceedings.
Question 4: What is the best evidence rule in South Dakota?
- The original document must be produced to prove the contents of a writing, recording, or photograph (Correct answer)
- The best available witness must testify
- Only the strongest evidence is admissible
- Digital copies are never admissible
Correct answer: The original document must be produced to prove the contents of a writing, recording, or photograph
The best evidence rule requires that when the contents of a document are at issue, the original document should be produced rather than testimony about what it contains.
Question 5: In South Dakota, what is the standard for admitting character evidence in a criminal case?
- The defendant may offer evidence of a pertinent character trait; the prosecution may only rebut (Correct answer)
- Character evidence is always admissible
- Only the prosecution can introduce character evidence
- Character evidence is never admissible in criminal cases
Correct answer: The defendant may offer evidence of a pertinent character trait; the prosecution may only rebut
In criminal cases, the defendant may offer evidence of a pertinent good character trait, and only then may the prosecution offer rebuttal character evidence.
Question 6: What is an attorneys duty of confidentiality under South Dakota ethical rules?
- An attorney must not reveal information relating to representation of a client without informed consent, except in limited circumstances (Correct answer)
- Attorneys can share client information with other attorneys freely
- Confidentiality only applies to criminal cases
- The duty ends when the representation ends
Correct answer: An attorney must not reveal information relating to representation of a client without informed consent, except in limited circumstances
The duty of confidentiality requires attorneys to protect all information related to client representation, with very limited exceptions such as preventing certain crimes or deaths.
SD Bar Evidence and Ethics
Under the South Dakota Rules of Evidence, what is hearsay?