Uniform Collaborative Law Act
Montana · Civil Procedure · §§ 25-40-101 to 25-40-121 · 21 sections
Overview
The act governs collaborative law, a voluntary process in which parties and their lawyers commit, through a signed participation agreement, to resolve a dispute by negotiation rather than through contested proceedings before a tribunal. It sets the conditions under which the process may be used, how it begins and concludes, what must be disclosed to and consented to by participating parties, and the disqualification of a collaborative lawyer — and of other lawyers in that lawyer's firm — from representing a party in a related proceeding if the process ends without resolution. It also makes communications made during the process confidential and subject to a privilege against disclosure, with defined waivers and limits, while preserving a tribunal's authority to enter emergency orders, approve any resulting agreement, and respond to noncompliance.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
Sections covered
- Mont. Code Ann. § 25-40-101Short title
- Mont. Code Ann. § 25-40-102Definitions
- Mont. Code Ann. § 25-40-103Collaborative law participation agreement -- requirements
- Mont. Code Ann. § 25-40-104Beginning and concluding collaborative law process
- Mont. Code Ann. § 25-40-105Proceedings pending before tribunal -- status report
- Mont. Code Ann. § 25-40-106Emergency order
- Mont. Code Ann. § 25-40-107Approval of agreement by tribunal
- Mont. Code Ann. § 25-40-108Disqualification of collaborative lawyer and lawyers in associated law firm
- Mont. Code Ann. § 25-40-109Low-income parties
- Mont. Code Ann. § 25-40-110Governmental entity as party
- Mont. Code Ann. § 25-40-111Disclosure of information
- Mont. Code Ann. § 25-40-112Standards of professional responsibility and mandatory reporting not affected
- Mont. Code Ann. § 25-40-113Appropriateness of collaborative law process
- Mont. Code Ann. § 25-40-114Coercive or violent relationship
- Mont. Code Ann. § 25-40-115Confidentiality of collaborative law communication
- Mont. Code Ann. § 25-40-116Privilege against disclosure for collaborative law communication -- admissibility -- discovery
- Mont. Code Ann. § 25-40-117Waiver and preclusion of privilege
- Mont. Code Ann. § 25-40-118Limits of privilege
- Mont. Code Ann. § 25-40-119Authority of tribunal in case of noncompliance
- Mont. Code Ann. § 25-40-120Uniformity of application and construction
- Mont. Code Ann. § 25-40-121Relation to Electronic Signatures in Global and National Commerce Act
Enacted in other states
Alabama, Colorado, District of Columbia, Hawaii, Maryland, North Carolina, Nevada, Oklahoma, Utah
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