9-17-4. Waiver of privilege; criminal activity.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
A privilege under Code Section 9-17-3 may be waived in a record if it is expressly waived by all mediation parties and:#
1. (1)
  In the case of the privilege of a mediator, it is expressly waived by the mediator; and#
2. (2)
  In the case of the privilege of a nonparty participant, it is expressly waived by the nonparty participant.#
(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 Code Section 9-17-3, but only to the extent necessary for the person prejudiced to respond to the representation or disclosure.#
(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 Code Section 9-17-3.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

Code 1981, § 9-17-4, enacted by Ga. L. 2021, p. 646, § 2/SB 234.

For article with annual survey on trial practice and procedure, see 73 Mercer L. Rev. 265 (2021).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t9-ch12-17-(v7a)-pdf.pdf, Volume V7A, 2015 edition, 2025 supplement, pages 61 to 62; merge action: added; file SHA-256 3ebff39d34dd.