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

Montana Statutes

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

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

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.

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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.

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