Idaho § 9-804 PRIVILEGE AGAINST DISCLOSURE — ADMISSIBILITY — DISCOVERY

Idaho Statutes

§ 9-804 — PRIVILEGE AGAINST DISCLOSURE — ADMISSIBILITY — DISCOVERY

Idaho § 9-804

Title 9EVIDENCE

Ch. 8UNIFORM MEDIATION ACT

This text of Idaho § 9-804 (PRIVILEGE AGAINST DISCLOSURE — ADMISSIBILITY — DISCOVERY) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 9-804 (2026).

Text

(1)Except as otherwise provided in section 9-806, Idaho Code, a mediation communication is privileged as provided in subsection (2) of this section and is not subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by section 9-805, Idaho Code.

(2)In a proceeding, the following privileges apply:

(a)A mediation party may refuse to disclose, and may prevent any other person from disclosing, a mediation communication.

(b)A mediator may refuse to disclose a mediation communication, and may prevent any other person from disclosing a mediation communication of the mediator.

(c)A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a mediation communication of the nonparty participant.

(3)Evidence or inf

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(1) Except as otherwise provided in section 9-806, Idaho Code, a mediation communication is privileged as provided in subsection (2) of this section and is not subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by section 9-805, Idaho Code.
(2) In a proceeding, the following privileges apply:
(a) A mediation party may refuse to disclose, and may prevent any other person from disclosing, a mediation communication.
(b) A mediator may refuse to disclose a mediation communication, and may prevent any other person from disclosing a mediation communication of the mediator.
(c) A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a mediation communication of the nonparty participant.
(3) Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by reason of its disclosure or use in a mediation.