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Utah Code § 78B-10-105

Waiver and preclusion of privilege

Utah · Utah Code Title 78B — Judicial Code · Status: effective

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Utah Code § 78B-10-105, Waiver and preclusion of privilege, Utah, version 1 as recorded 2026-10-03, yourstate.us, https://yourstate.us/provision/2356089
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(1) A privilege under Section 78B-10-104 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 78B-10-104, 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 78B-10-104.