Utah § 78B-19-114 Authority of tribunal in case of noncompliance.

Utah Statutes

§ 78B-19-114 — Authority of tribunal in case of noncompliance.

Utah·Title 78B Judicial Code·Ch. 78B-19 Utah Uniform Collaborative Law Act

(1)If an agreement fails to meet the requirements of Section 78B-19-104, or a lawyer fails to comply with Section 78B-19-111 or 78B-19-112, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they:

(1)(a) signed a record indicating an intention to enter into a collaborative law participation agreement; and

(1)(b) reasonably believed they were participating in a collaborative law process.

(2)If a court makes the findings specified in Subsection (1), and the interests of justice require, the court may:

(2)(a) enforce an agreement evidenced by a record resulting from the process in which the parties participated;

(2)(b) apply the disqualification provisions of Sections 78B-19-105 and 78B-19-106; and

(2)(c) apply the privil

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(1) If an agreement fails to meet the requirements of Section 78B-19-104, or a lawyer fails to comply with Section 78B-19-111 or 78B-19-112, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they:

(1)(a) signed a record indicating an intention to enter into a collaborative law participation agreement; and
(1)(b) reasonably believed they were participating in a collaborative law process.
(2) If a court makes the findings specified in Subsection (1), and the interests of justice require, the court may:

(2)(a) enforce an agreement evidenced by a record resulting from the process in which the parties participated;
(2)(b) apply the disqualification provisions of Sections 78B-19-105 and 78B-19-106; and
(2)(c) apply the privileges in the Utah Rules of Evidence.

Utah § 78B-19-114 (Authority of tribunal in case of noncompliance.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.