Section 19-9-7 - (Rule 104(a)) Preliminary questions determined by court. - South Dakota Statutes

19-9-7. (Rule 104(a)) Preliminary questions determined by court. Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the court, subject to the provisions of § 19-9-8. In making its determination it is not bound by the rules of evidence except those with respect to privileges.

Source: Supreme Court Rule 78-2, Rule 104 (a).