Section 19-16-35 - (Rule 804(b)(6)) Other hearsay admissible if declarant unavailable--Advance noticeto opponents. - South Dakota Statutes

19-16-35. (Rule 804(b)(6)) Other hearsay admissible if declarant unavailable--Advance notice to opponents. A statement not specifically covered by any of §§ 19-16-30 to 19-16-34, inclusive, but having equivalent circumstantial guarantees of trustworthiness, is not excluded by § 19-16-4 if the declarant is unavailable as a witness and if the court determines that:
(1) The statement is offered as evidence of a material fact;
(2) The statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and
(3) The general purposes of these rules and the interests of justice will best be served by admission of the statement into evidence.
However, a statement may not be admitted under this section unless the proponent of it makes known to the adverse party sufficiently in advance of the trial or hearing to provide the adverse party with a fair opportunity to prepare to meet it, his intention to offer the statement and the particulars of it, including the name and address of the declarant.

Source: Supreme Court Rule 78-2, Rule 804 (b) (6).