25-40-116. Privilege against disclosure for collaborative law communication -- admissibility -- discovery. (1) Subject to 25-40-117 and 25-40-118, a collaborative law communication is privileged under subsection (2) of this section, is not subject to discovery, and is not admissible in evidence.
(2) In a proceeding, the following privileges apply:
(a) A party may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication.
(b) A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication of the nonparty participant.
(3) Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely because of its disclosure or use in a collaborative law process.
History: En. Sec. 16, Ch. 200, L. 2015.
Structure Montana Code Annotated
Chapter 40. Alternative Dispute Resolution
Part 1. Uniform Collaborative Law Act
25-40-103. Collaborative law participation agreement -- requirements
25-40-104. Beginning and concluding collaborative law process
25-40-105. Proceedings pending before tribunal -- status report
25-40-107. Approval of agreement by tribunal
25-40-108. Disqualification of collaborative lawyer and lawyers in associated law firm
25-40-110. Governmental entity as party
25-40-111. Disclosure of information
25-40-112. Standards of professional responsibility and mandatory reporting not affected
25-40-113. Appropriateness of collaborative law process
25-40-114. Coercive or violent relationship
25-40-115. Confidentiality of collaborative law communication
25-40-117. Waiver and preclusion of privilege
25-40-118. Limits of privilege
25-40-119. Authority of tribunal in case of noncompliance
25-40-120. Uniformity of application and construction
25-40-121. Relation to Electronic Signatures in Global and National Commerce Act