New Hampshire § 490-J:16 Authority of Court in Case of Noncompliance

New Hampshire Statutes

§ 490-J:16 — Authority of Court in Case of Noncompliance

New Hampshire·Title LI COURTS·Ch. 490-J NEW HAMPSHIRE COLLABORATIVE LAW ACT

Notwithstanding a failure to comply with RSA 490-J:4, RSA 490-J:12, or RSA 490-J:13, a court may enforce an agreement, apply the disqualification provisions of RSA 490-J:9, or apply a privilege under RSA 490-J:15 when the court concludes that the parties intended to enter into a collaborative law participation agreement and to participate in a collaborative law process. Such a conclusion shall be based upon the following findings:

I.The parties signed a document indicating an intent to enter into a collaborative law participation agreement;

II.The parties reasonably believed they were participating in a collaborative law process; and

III.The interests of justice require finding that the parties were participating in collaborative law process.

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Notwithstanding a failure to comply with RSA 490-J:4, RSA 490-J:12, or RSA 490-J:13, a court may enforce an agreement, apply the disqualification provisions of RSA 490-J:9, or apply a privilege under RSA 490-J:15 when the court concludes that the parties intended to enter into a collaborative law participation agreement and to participate in a collaborative law process. Such a conclusion shall be based upon the following findings:
I. The parties signed a document indicating an intent to enter into a collaborative law participation agreement;
II. The parties reasonably believed they were participating in a collaborative law process; and
III. The interests of justice require finding that the parties were participating in collaborative law process.

New Hampshire § 490-J:16 (Authority of Court in Case of Noncompliance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.