19-16-10 (Rule 803(6)) Business records admissible.
(Rule 803(6)) Business records admissible.
A memorandum, report, record, or data
compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time
by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly
conducted business activity, and if it was the regular practice of that business activity to make the
memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or
other qualified witness, is not excluded by § 19-16-4, even though the declarant is available as a
witness, unless the source of information or the method or circumstances of preparation indicate lack
of trustworthiness. The term "business" as used in this section includes business, institution,
association, profession, occupation, and calling of every kind, whether or not conducted for profit.
Source: Supreme Court Rule 551, 1939; SDC 1939 & Supp 1960, § 36.1001; SDCL, § 19-7-11;
Supreme Court Rule 78-2, Rule 803 (6).