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[ Editor’s note: This section is effective January 1, 2022.]

  1. A privilege under section 13-24-117 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 which prejudices another person in a proceeding may not assert a privilege under section 13-24-117, but this preclusion applies only to the extent necessary for the person prejudiced to respond to the disclosure or representation.

Source: L. 2021: Entire article added, (SB 21-143), ch. 142, p. 796, § 1, effective January 1, 2022.