Idaho § 9-805 WAIVER AND PRECLUSION OF PRIVILEGE

Idaho Statutes

§ 9-805 — WAIVER AND PRECLUSION OF PRIVILEGE

Idaho § 9-805

Title 9EVIDENCE

Ch. 8UNIFORM MEDIATION ACT

This text of Idaho § 9-805 (WAIVER AND PRECLUSION OF PRIVILEGE) 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 § 9-805 (2026).

Text

(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 ong

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(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.