Section 19-16-31 - (Rule 804(b)(2)) Dying declaration admissible if declarant unavailable--Ruleapplicable in criminal cases.
19-16-31. (Rule 804(b)(2)) Dying declaration admissible if declarant unavailable--Rule applicable in criminal cases. In a civil action or proceeding, a statement made by a declarant while believing that his death was imminent, concerning the cause or circumstances of what he believed to be his impending death, is not excluded by § 19-16-4 if the declarant is unavailable as a witness. In criminal actions or proceedings the provisions of § 23A-22-12 shall apply.
Source: Supreme Court Rule 78-2, Rule 804 (b) (2); SL 1979, ch 149, § 5.