South Dakota § 19-13A-5 Waiver and preclusion of privilege.

South Dakota Statutes

§ 19-13A-5 — Waiver and preclusion of privilege.

South Dakota·Title 19 EVIDENCE·Ch. 19-13A UNIFORM MEDIATION ACT

(a)A privilege under § 19-13A-4 may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation and:

(1)in the case of the privilege of a mediator, it is expressly waived by the mediator; and (2) in the case of the privilege of a nonparty participant, it is expressly waived by the nonparty participant.

(b)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 § 19-13A-4 , but only to the extent necessary for the person prejudiced to respond to the representation or disclosure.

(c)A person that intentionally uses a mediation to plan, attempt to commit or commit a crime, or to conceal an ongoing crime or ongoing c

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(a) A privilege under § 19-13A-4 may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation and: (1) in the case of the privilege of a mediator, it is expressly waived by the mediator; and (2) in the case of the privilege of a nonparty participant, it is expressly waived by the nonparty participant. (b) 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 § 19-13A-4 , but only to the extent necessary for the person prejudiced to respond to the representation or disclosure. (c) 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 § 19-13A-4 .

South Dakota § 19-13A-5 (Waiver and preclusion of privilege.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.