Section 19-16-11 - (Rule 803(7)) Absence of business record admissible. - South Dakota Statutes

19-16-11. (Rule 803(7)) Absence of business record admissible. Evidence that a matter is not included in the memoranda, reports, records, or data compilations, in any form, kept in accordance with the provisions of § 19-16-10, to prove the nonoccurrence or nonexistence of the matter, is not excluded by § 19-16-4, even though the declarant is available as a witness, if the matter was of a kind of which a memorandum, report, record, or data compilation was regularly made and preserved, unless the sources of information or other circumstances indicate lack of trustworthiness.

Source: Supreme Court Rule 78-2, Rule 803 (7).