Montana Code 46-1-505. Privilege and confidentiality
46-1-505. Privilege and confidentiality. Mediation communications and documents are privileged and confidential and may not be disclosed in any judicial or administrative proceeding except when:
Terms Used In Montana Code 46-1-505
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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.
- Mediation: has the meaning provided in 26-1-813(1). See Montana Code 46-1-501
- Property: means real and personal property. See Montana Code 1-1-205
- Writing: includes printing. See Montana Code 1-1-203
(1)the parties to the mediation agree, in writing, to disclosure;
(2)a written agreement by the parties to mediate permits disclosure;
(3)a communication or document provides evidence of an ongoing or future criminal activity;
(4)disclosure is necessary to prevent an action or event that is reasonably likely to result in death, serious bodily harm, or substantial injury to the financial interests or property of another;
(5)a communication or document is necessary to defend against a legal malpractice claim by the defendant against the defendant’s attorney; or
(6)a communication or document is relevant to determining the existence of an agreement that resulted from the mediation or to the enforcement of an agreement.