Idaho § 9-805 - Waiver and preclusion of privilege
Full text of Idaho Idaho Statutes § 9-805 — Waiver and preclusion of privilege, with citation guidance and answers to common questions.
§ 9-805. Waiver and preclusion of privilege
(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.
[9-805, added 2008, ch. 35, sec. 1, p. 69.]
Source: official Idaho text · Last verified 2026-08-27
Frequently Asked Questions About Idaho § 9-805
What does Idaho Statutes § 9-805 cover?
Section 9-805 ("Waiver and preclusion of privilege") is part of the Idaho Statutes, the codified statutory law of Idaho. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Idaho § 9-805?
A common citation format is "Idaho Statutes § 9-805" (Idaho). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Idaho law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Idaho official source linked on this page or consult a licensed Idaho attorney.
How does Idaho § 9-805 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Idaho can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Idaho.