Iowa Code 135P.2 – Confidentiality of open discussions
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1. Open discussion communications and offers of compensation made under section 135P.3:
a. Do not constitute an admission of liability.
b. Are privileged, confidential, and shall not be disclosed.
c. Are not admissible as evidence in any subsequent judicial, administrative, or arbitration proceeding and are not subject to discovery, subpoena, or other means of legal compulsion for release and shall not be disclosed by any party in any subsequent judicial, administrative, or arbitration proceeding.
Terms Used In Iowa Code 135P.2
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means a natural person. See Iowa Code 154A.1
- Subpoena: A command to a witness to appear and give testimony.
2. Communications, memoranda, work products, documents, and other materials, otherwise subject to discovery, that were not prepared specifically for use in a discussion under section 135P.3, are not confidential.
3. The limitation on disclosure imposed by this section includes disclosure during any discovery conducted as part of a subsequent adjudicatory proceeding, and a court or other adjudicatory body shall not compel any person who engages in an open discussion under this chapter to disclose confidential communications or agreements made under section 135P.3.
4. This section does not affect any other law, regulation, or requirement with respect to confidentiality.