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S.D. Codified Laws § 19-13A-4

Privilege against disclosure--Admissibility--Discovery

Known as the Uniform Mediation Act

The act spans §§ 19-13A-1 to 19-13A-9 (15 sections).

Applied in 2 court decisions — leading case Winegeart v. Winegeart (2018)

Most recently applied in Paweltzki v. Paweltzki (September 2021)

Source: SL 2008, ch 286 (Supreme Court Rule 07-07), eff

(a) Except as otherwise provided in § 19-13A-6, a mediation communication is privileged as provided in subsection (b) and is not subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by § 19-13A-5.

(b) In a proceeding, the following privileges apply:

(1) A mediation party may refuse to disclose, and may prevent any other person from disclosing, a mediation communication.

(2) A mediator may refuse to disclose a mediation communication, and may prevent any other person from disclosing a mediation communication of the mediator.

(3) A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a mediation communication of the nonparty participant.

(c) 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.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.