§ 13-24-119 — Limits of privilege

(1) There is no privilege under section 13-24-117 for a collaborative law communication that is:

(a) Available to the public under article 72 of title 24;

(b) A threat or statement of a plan to inflict bodily injury or commit a crime of
violence or a threat to the safety of a child under eighteen years of age;

(c) Intentionally used to plan a crime, commit or attempt to commit a crime,
or conceal an ongoing crime or ongoing criminal activity; or

(d) In an agreement resulting from the collaborative law process, evidenced
by a record signed by all parties to the agreement.

(2) The privileges under section 13-24-117 for a collaborative law
communication do not apply to the extent that a communication is:

(a) Sought or offered to prove or disprove a claim or complaint of
professional misconduct or malpractice arising from or related to a collaborative
law process or matter; or

(b) Sought or offered to prove or disprove abuse, neglect, abandonment, or
exploitation of a child or adult.

(3) If a collaborative law communication is subject to an exception under
subsection (1) or (2) of this section, only the part of the communication necessary
for the application of the exception may be disclosed or admitted.

(4) Disclosure or admission of evidence excepted from the privilege under
subsection (1) or (2) of this section does not make the evidence or any other
collaborative law communication discoverable or admissible for any other purpose.

(5) The privileges under section 13-24-117 do not apply if the parties agree in
advance in a signed record, or if a record of a proceeding reflects agreement by the
parties, that all or part of a collaborative law process is not privileged. This
subsection (5) does not apply to a collaborative law communication made by a
person that did not receive actual notice of the agreement before the
communication was made.

Legislative History

Source: L. 2021: Entire article added, (SB 21-143), ch. 142, p. 797, � 1, effective January 1, 2022.