Montana § 25-40-105 Proceedings Pending Before Tribunal -- Status Report

Montana Statutes

§ 25-40-105 — Proceedings Pending Before Tribunal -- Status Report

Montana·Title 25 CIVIL PROCEDURE·Ch. 40 ALTERNATIVE DISPUTE RESOLUTION·Part 1 Uniform Collaborative Law Act

25-40-105 . Proceedings pending before tribunal -- status report.

(1)Persons in a proceeding pending before a tribunal may sign a collaborative law participation agreement to seek to resolve a collaborative matter related to the proceeding. The parties shall file promptly with the tribunal a notice of the agreement after it is signed. Subject to 25-40-106 and 25-40-107 and subsection (3) of this section, the filing operates as an application for a stay of the proceeding.

(2)The parties shall file promptly with the tribunal notice in a record when a collaborative law process concludes. The stay of the proceeding under subsection (1) is lifted when the notice is filed. The notice may not specify any reason for termination of the process.

(3)A tribunal in which a proceeding is stayed under

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25-40-105 . Proceedings pending before tribunal -- status report. (1) Persons in a proceeding pending before a tribunal may sign a collaborative law participation agreement to seek to resolve a collaborative matter related to the proceeding. The parties shall file promptly with the tribunal a notice of the agreement after it is signed. Subject to 25-40-106 and 25-40-107 and subsection (3) of this section, the filing operates as an application for a stay of the proceeding.
(2) The parties shall file promptly with the tribunal notice in a record when a collaborative law process concludes. The stay of the proceeding under subsection (1) is lifted when the notice is filed. The notice may not specify any reason for termination of the process.
(3) A tribunal in which a proceeding is stayed under subsection (1) may require the parties and collaborative lawyers to provide a status report on the collaborative law process and the proceeding. A status report may include only information on whether the process is ongoing or concluded. It may not include a report, assessment, evaluation, recommendation, finding, or other communication regarding a collaborative law process or collaborative law matter.
(4) A tribunal may not consider a communication made in violation of subsection (3).
(5) A tribunal shall provide parties notice and an opportunity to be heard before dismissing a proceeding in which a notice of collaborative process is filed based on delay or failure to prosecute.

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