Montana § 25-40-116 Privilege Against Disclosure For Collaborative Law Communication -- Admissibility -- Discovery

Montana Statutes

§ 25-40-116 — Privilege Against Disclosure For Collaborative Law Communication -- Admissibility -- Discovery

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

25-40-116 . Privilege against disclosure for collaborative law communication -- admissibility -- discovery.

(1)Subject to 25-40-117 and 25-40-118 , a collaborative law communication is privileged under subsection (2) of this section, is not subject to discovery, and is not admissible in evidence.

(2)In a proceeding, the following privileges apply:

(a)A party may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication.

(b)A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication of the nonparty participant.

(3)Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely because of its dis

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25-40-116 . Privilege against disclosure for collaborative law communication -- admissibility -- discovery. (1) Subject to 25-40-117 and 25-40-118 , a collaborative law communication is privileged under subsection (2) of this section, is not subject to discovery, and is not admissible in evidence.
(2) In a proceeding, the following privileges apply:
(a) A party may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication.
(b) A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication of the nonparty participant.
(3) Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely because of its disclosure or use in a collaborative law process.

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