Montana § 25-40-117 Waiver And Preclusion Of Privilege

Montana Statutes

§ 25-40-117 — Waiver And Preclusion Of Privilege

Montana § 25-40-117

Title 25CIVIL PROCEDURE

Ch. 40ALTERNATIVE DISPUTE RESOLUTION

Part 1Uniform Collaborative Law Act

This text of Montana § 25-40-117 (Waiver And Preclusion Of Privilege) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 25-40-117 (2026).

Text

25-40-117 . Waiver and preclusion of privilege.

(1)A privilege under 25-40-116 may be waived in a record or orally during a proceeding if it is expressly waived by all parties and, in the case of the privilege of a nonparty participant, it is also expressly waived by the nonparty participant.

(2)A person that makes a disclosure or representation about a collaborative law communication that prejudices another person in a proceeding may not assert a privilege under 25-40-116 , but this preclusion applies only to the extent necessary for the person prejudiced to respond to the disclosure or representation.

Free access — add to your briefcase to read the full text and ask questions with AI

25-40-117 . Waiver and preclusion of privilege. (1) A privilege under 25-40-116 may be waived in a record or orally during a proceeding if it is expressly waived by all parties and, in the case of the privilege of a nonparty participant, it is also expressly waived by the nonparty participant.
(2) A person that makes a disclosure or representation about a collaborative law communication that prejudices another person in a proceeding may not assert a privilege under 25-40-116 , but this preclusion applies only to the extent necessary for the person prejudiced to respond to the disclosure or representation.