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

South Dakota Statutes

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

South Dakota § 19-13A-5

Title 19EVIDENCE

Ch. 19-13AUNIFORM MEDIATION ACT

This text of South Dakota § 19-13A-5 (Waiver and preclusion of privilege.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 19-13A-5 (2026).

Text

(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

Free access — add to your briefcase to read the full text and ask questions with AI

(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 .