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La. R.S. 9:377.19

Authority of tribunal in case of noncompliance

Acts 2024, No. 98, §1.

A. If an agreement fails to meet the requirements of R.S. 9:377.4, or if a lawyer fails to comply with R.S. 9:377.14, a tribunal may nonetheless find that the parties intended to enter into a collaborative family law participation agreement if the parties:

(1) Signed a record indicating an intention to enter into a collaborative family law participation agreement.

(2) Reasonably believed that the parties were participating in a collaborative family law process.

B. If a tribunal makes the findings specified in Subsection A of this Section, and the interests of justice require, the tribunal may do the following:

(1) Enforce an agreement evidenced by a record resulting from the process in which the parties participated.

(2) Apply the disqualification provisions of R.S. 9:377.5, 377.6, 377.9, 377.10, and 377.11.

(3) Apply a privilege in accordance with R.S. 9:377.16.

Official source: Louisiana State Legislature. Reproduced from public-domain Louisiana statutes; confirm against the official source for the current text. Not legal advice.