25-40-109. Low-income parties
25-40-109. Low-income parties. (1) The disqualification provision contained in 25-40-108(1) applies to a collaborative lawyer representing a party with or without a fee. (2) After a collaborative law process concludes, another lawyer in a law firm with which a collaborative lawyer disqualified under 25-40-108(1) is associated may represent a party without a fee in the collaborative matter […]
25-40-110. Governmental entity as party
25-40-110. Governmental entity as party. (1) The disqualification provision contained in 25-40-108(1) applies to a collaborative lawyer representing a party that is a government or governmental subdivision, agency, or instrumentality. (2) After a collaborative law process concludes, another lawyer in a law firm with which the collaborative lawyer is associated may represent a government or governmental subdivision, […]
25-40-111. Disclosure of information
25-40-111. Disclosure of information. Except as provided by law, during the collaborative law process, on the request of another party, a party shall make timely, full, candid, and informal disclosure of information related to the collaborative matter without formal discovery. A party also shall promptly update previously disclosed information that has materially changed. The parties may […]
25-40-112. Standards of professional responsibility and mandatory reporting not affected
25-40-112. Standards of professional responsibility and mandatory reporting not affected. This part does not affect: (1) the professional responsibility obligations and standards applicable to a lawyer or other licensed professional; or (2) the obligation of a person to report abuse or neglect, abandonment, or exploitation of a child or adult under the law of this state. History: En. Sec. […]
25-40-113. Appropriateness of collaborative law process
25-40-113. Appropriateness of collaborative law process. Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall: (1) assess with the prospective party factors the lawyer reasonably believes relate to whether a collaborative law process is appropriate for the prospective party’s matter; (2) provide the prospective party with information that the lawyer reasonably believes […]
25-35-805. Use of transcripts or tapes by district court
25-35-805. Use of transcripts or tapes by district court. The district court may hear the recording of the proceedings of the justice’s court, but in its discretion it may have parts or all of the recordings transcribed at the cost of the district court. If the proceedings are stenographically taken, the notes will be transcribed in […]
25-35-806. Attorney fees upon appeal or removal
25-35-806. Attorney fees upon appeal or removal. (1) If the parties are represented by counsel on appeal, the court may grant the prevailing party reasonable attorney fees in addition to costs. (2) If a defendant removes a matter to justice’s court under the provisions of 25-35-605(1) but does not prevail in justice’s court, the court may grant the […]
25-35-807. Execution of judgment
25-35-807. Execution of judgment. Proceedings to enforce or collect a judgment are governed by the laws relating to execution upon justice’s court judgments. History: En. Sec. 24, Ch. 586, L. 1981.
25-40-101. Short title
25-40-101. Short title. This part may be cited as the “Uniform Collaborative Law Act”. History: En. Sec. 1, Ch. 200, L. 2015.
25-40-102. Definitions
25-40-102. Definitions. (1) “Collaborative law communication” means a statement, whether oral or in a record, or verbal or nonverbal, that: (a) is made to conduct, participate in, continue, or reconvene a collaborative law process; and (b) occurs after the parties sign a collaborative law participation agreement and before the collaborative law process is concluded. (2) ”Collaborative law participation agreement” […]