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2019 Utah Code
Title 78B - Judicial Code
Chapter 10 - Utah Uniform Mediation Act
Section 104 - Privilege against disclosure -- Admissibility -- Discovery.
Universal Citation:
UT Code § 78B-10-104 (2019)
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78B-10-104. Privilege against disclosure -- Admissibility -- Discovery.
Renumbered and Amended by Chapter 3, 2008 General Session
- (1) Except as otherwise provided in Section 78B-10-106, a mediation communication is privileged as provided in Subsection (2) and is not subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by Section 78B-10-105.
- (2) In a proceeding, the following privileges apply:
- (a) A mediation party may refuse to disclose, and may prevent any other person from disclosing, a mediation communication.
- (b) A mediator may refuse to disclose a mediation communication, and may prevent any other person from disclosing a mediation communication of the mediator.
- (c) A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a mediation communication of the nonparty participant.
- (3) Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by reason of its disclosure or use in a mediation.
Renumbered and Amended by Chapter 3, 2008 General Session
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