In People ex rel. O.S., 2005 SD 86, 701 N.W.2d 421, 424 (S.D. 2005), the mother, whose parental rights were terminated, sought to present expert testimony by telephone.

The South Dakota trial court denied the testimony because it was untimely and because the court desired to ascertain the expert's credibility. Id.

The trial court stated:

The first time I heard from you was this morning when you requested a telephonic conference so your expert witness could appeal telephonically. Not now or no way by telephone. You're judging credibility of the witness. ... , but you can't judge it on the telephone and it's not going to happen telephonically, period. Id. at 427.

The South Dakota Supreme Court concluded that the trial court did not abuse its discretion. Id.