Idaho § 9-805 WAIVER AND PRECLUSION OF PRIVILEGE

Idaho Statutes

§ 9-805 — WAIVER AND PRECLUSION OF PRIVILEGE

Idaho·Title 9 EVIDENCE·Ch. 8 UNIFORM MEDIATION ACT

(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.

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