{"data":{"id":"us-sd/sdcl-19-13a-5","jurisdiction":"us-sd","citation":"SDCL § 19-13A-5","heading":"Waiver and preclusion of privilege.","body":"(a) A privilege under § 19-13A-4 may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation and:\n(1) in the case of the privilege of a mediator, it is expressly waived by the mediator; and\n(2) in the case of the privilege of a nonparty participant, it is expressly waived by the nonparty participant.\n(b) 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 § 19-13A-4, but only to the extent necessary for the person prejudiced to respond to the representation or disclosure.\n(c) 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 § 19-13A-4.","path":["TITLE 19. EVIDENCE","CHAPTER 19-13A. UNIFORM MEDIATION ACT"],"source_url":"https://sdlegislature.gov/Statutes/19-13A-5","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:56Z","sha256":"507e17e38c4cd39a8cfc249c800d48c22ad7c1e961d8f81532f530c2d4f3f01f","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-19-13a-4","next":"us-sd/sdcl-19-13a-6"},"notice":"GroundRules: Original legal text. Not legal advice."}