Iowa Code 679C.104 – Privilege against disclosure — admissibility — discovery
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Terms Used In Iowa Code 679C.104
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
679C.104 Privilege against disclosure — admissibility — discovery.
1. Except as otherwise provided in § 679C.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 the privilege is waived or precluded as provided by section
679C.105.
2. In a proceeding, the following privileges shall 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.
2005 Acts, ch 68, §9; 2006 Acts, ch 1010, §158
Referred to in §679C.103, 679C.105, 679C.106, 679C.109
1. Except as otherwise provided in § 679C.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 the privilege is waived or precluded as provided by section
679C.105.
2. In a proceeding, the following privileges shall 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.
2005 Acts, ch 68, §9; 2006 Acts, ch 1010, §158
Referred to in §679C.103, 679C.105, 679C.106, 679C.109