Waiver and preclusion of privilege

HRS §658G-18, under Chapter 658G.

HRS §658G-18

[§658G-18] Waiver and preclusion of privilege. (a) A privilege under section 658G-17 may be waived in a record or orally during a proceeding if it is expressly waived by all parties and, in the case of the privilege of a nonparty participant, it is also expressly waived by the nonparty participant.

(b) A person that makes a disclosure or representation about a collaborative law communication which prejudices another person in a proceeding may not assert a privilege under section 658G-17, but this preclusion applies only to the extent necessary for the person prejudiced to respond to the disclosure or representation. [L 2012, c 207, pt of §1]