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 § 490-J:16

Title LICOURTS

Ch. 490-JNEW HAMPSHIRE COLLABORATIVE LAW ACT

This text of New Hampshire § 490-J:16 (Authority of Court in Case of Noncompliance) is published on Counsel Stack Legal Research, covering New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.H. Rev. Stat. Ann. § 490-J:16 (2026).

Text

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.