1-658. Waiver and preclusion of privilege.
(a) A privilege under G.S. 1-657 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 shall not assert a privilege under G.S. 1-657, but this preclusion applies only to the extent necessary for the person prejudiced to respond to the disclosure or representation. (2020-65, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 53 - Uniform Collaborative Law Act.
§ 1-643 - Applicability; restrictions.
§ 1-644 - Collaborative law participation agreement; requirements.
§ 1-645 - Beginning and concluding collaborative law process; tolling of time periods.
§ 1-646 - Proceedings pending before tribunal; status report.
§ 1-648 - Approval of agreement by tribunal.
§ 1-649 - Disqualification of collaborative lawyer and lawyers in associated law firm.
§ 1-651 - Governmental entity as party.
§ 1-652 - Disclosure of information.
§ 1-653 - Standards of professional responsibility not affected.
§ 1-655 - No liability for decision to participate.
§ 1-656 - Confidentiality of collaborative law communication.
§ 1-658 - Waiver and preclusion of privilege.
§ 1-659 - Limits of privilege.
§ 1-660 - Authority of tribunal in case of noncompliance.
§ 1-661 - Alternative dispute resolution permitted.
§ 1-662 - Uniformity of application and construction.
§ 1-663 - Relation to Electronic Signatures in Global and National Commerce Act.