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     Idaho Statutes

Idaho Statutes are updated to the website July 1 following the legislative session.

pecnv.out

TITLE 9
EVIDENCE
CHAPTER 8
UNIFORM MEDIATION ACT
9-805.  Waiver and preclusion of privilege. (1) A privilege under section 9-804, Idaho Code, may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation and:
(a)  In the case of the privilege of a mediator, it is expressly waived by the mediator; and
(b)  In the case of the privilege of a nonparty participant, it is expressly waived by the nonparty participant.
(2)  A person that discloses or makes a representation about a mediation communication which prejudices another person in a proceeding is precluded from asserting a privilege under section 9-804, Idaho Code, but only to the extent necessary for the person prejudiced to respond to the representation or disclosure.
(3)  A person that intentionally uses a mediation to plan, attempt to commit or commit a crime or to conceal an ongoing crime or ongoing criminal activity is precluded from asserting a privilege under section 9-804, Idaho Code.

History:
[9-805, added 2008, ch. 35, sec. 1, p. 69.]


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