S.D. Codified Laws § 19-19-401 : EVIDENCE — SOUTH DAKOTA RULES OF EVIDENCE — RELEVANCE AND ITS LIMITS —19-401 - Test for relevant evidence TEXT PDF Evidence is relevant if: (a) It has any tendency to make a fact more or less probable than it would be without the evidence; and (b) The fact is of consequence in determining the action. SDCL 19-19-401 SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 401); SDCL § 19-12-1; SL 2016, ch 239 (Supreme Court Rule 15-24), eff. Jan. 1, 2016. SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 401); SDCL § 19-12-1.