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

Utah Statutes

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

Utah § 78B-19-114

Title 78BJudicial Code

Ch. 78B-19Utah Uniform Collaborative Law Act

This text of Utah § 78B-19-114 (Authority of tribunal in case of noncompliance.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 78B-19-114 (2026).

Text

(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

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

(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.