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Rule 7 01Lay Witness Opinion
Rule 7 04Expert Opinions
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60:1 regarding Fed admissible availability of declarant Bergman and Hollander business records business records exception certiﬁcate Criminal Defense Resource Criminal Evidence 15th cross-examination data compilation declarant immaterial declarant is available declarant’s defendant defendant’s Defense Resource Book deﬁnitions differs from Fed discussion of experts Dist event or condition Everytrial Criminal Defense exception to hearsay excited utterance exception excluded expert opinion expert testimony expert witness fact in issue facts or data federal rule form of opinions further discussion Hearsay exceptions hearsay rule Hollander and Bergman identical to Fed identiﬁcation IMMATERIAL The following jury lack of trustworthiness lay witness opinion matter ment opinions or inferences party person present sense impression provides public records pursuant qualiﬁed Recorded recollection reﬂect rule differs rule is identical Section South Dakota speciﬁc testiﬁed testimony by experts tion trial court trier of fact ultimate issue underlying facts victim Wharton’s Criminal Evidence witness opinion testimony witness’s