Section 490-J:1 – Short Title.

    490-J:1 Short Title. – This chapter may be cited as the New Hampshire collaborative law act. Source. 2021, 206:2, Pt. V, Sec. 1, eff. Oct. 9, 2021.

Section 490-J:10 – Disclosure of Information.

    490-J:10 Disclosure of Information. – 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 a collaborative matter without formal discovery. A party also shall update promptly previously disclosed information that has materially changed. The parties may define the […]

Section 490-J:11 – Standards of Professional Responsibility and Mandatory Reporting Not Affected.

    490-J:11 Standards of Professional Responsibility and Mandatory Reporting Not Affected. – This chapter does not affect: I. The professional responsibility obligations and standards applicable to a lawyer or other licensed professional; or II. The obligation of a person to report abuse or neglect, abandonment, or exploitation of an adult or child under New Hampshire […]

Section 490-J:12 – Appropriateness of Collaborative Law Process.

    490-J:12 Appropriateness of Collaborative Law Process. – Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall: I. 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; II. Provide the prospective party with information […]

Section 490-J:13 – Domestic Violence.

    490-J:13 Domestic Violence. – I. Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall make reasonable inquiry whether the prospective party has a history of a coercive or violent relationship with another prospective party. II. Throughout the collaborative law process, a collaborative lawyer reasonably and continuously shall assess […]

Section 490-J:14 – Confidentiality of Collaborative Law Communication.

    490-J:14 Confidentiality of Collaborative Law Communication. – A collaborative law communication is confidential except as agreed by the parties in a signed document, or under the circumstances set forth in RSA 490-J:15, IV. Source. 2021, 206:2, Pt. V, Sec. 1, eff. Oct. 9, 2021.

Section 490-J:15 – Privilege Against Disclosure for Collaborative Law Communication.

    490-J:15 Privilege Against Disclosure for Collaborative Law Communication. – I. Except as set forth in this section, a collaborative law communication is privileged, is not subject to discovery, and is not admissible into evidence. Accordingly, a party or a party’s lawyer or a neutral participant may refuse to disclose, and may prevent any other […]

Section 490-J:16 – Authority of Court in Case of Noncompliance.

    490-J:16 Authority of Court in Case of Noncompliance. – 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 […]

Section 490-J:2 – Definitions.

    490-J:2 Definitions. – In this chapter: I. " Collaborative law communication " means a statement, whether oral or in a document, that: (a) Is made as part of a collaborative law process; (b) Occurs after the parties sign a collaborative law participation agreement and before the collaborative law process is concluded; and (c) Is […]

Section 490-J:3 – Applicability.

    490-J:3 Applicability. – This chapter applies to a collaborative law participation agreement that meets the requirements of RSA 490-J:4 signed on or after the effective date of the chapter. Source. 2021, 206:2, Pt. V, Sec. 1, eff. Oct. 9, 2021.

Section 490-J:4 – Collaborative Law Participation Agreement; Requirements.

    490-J:4 Collaborative Law Participation Agreement; Requirements. – I. A collaborative law participation agreement shall: (a) Be in writing; (b) Be signed by the parties; (c) State the parties’ intention to resolve a collaborative matter through a collaborative law process under this chapter; (d) Describe the nature and scope of the matter; (e) Contain a […]

Section 490-J:5 – Beginning and Concluding Collaborative Law Process.

    490-J:5 Beginning and Concluding Collaborative Law Process. – I. A collaborative law process begins when the parties sign a collaborative law participation agreement. II. A court shall not order a party to participate in a collaborative law process over that party’s objection. III. A collaborative law process is concluded by a: (a) Resolution of […]

Section 490-J:6 – Cases Already Filed in Court.

    490-J:6 Cases Already Filed in Court. – I. Parties who have already initiated a proceeding by filing a petition with the court may jointly request the court to stay future action in the matter so the parties may engage in a collaborative process for resolution of the matter. Before signing a participation agreement, the […]

Section 490-J:7 – Emergency Order.

    490-J:7 Emergency Order. – During a collaborative law process, a court may issue emergency orders to protect the health, safety, welfare, or interest of a party; however, filing for such an order terminates the pending collaborative law process. Nothing in this section prohibits parties from exploring a return to the collaborative process after the […]

Section 490-J:8 – Approval of Agreement by Court.

    490-J:8 Approval of Agreement by Court. – I. The terms of a collaborative law participation agreement shall be considered a binding contract and shall be enforceable by the trial court. II. Any agreements signed by the parties during the collaborative process are binding upon the parties in the same manner as they are in […]

Section 490-J:9 – Disqualification of Collaborative Lawyer and Lawyers in Associated Law Firm.

    490-J:9 Disqualification of Collaborative Lawyer and Lawyers in Associated Law Firm. – I. Except as otherwise provided in paragraph III, a collaborative lawyer is disqualified from appearing before a court to represent a party in a proceeding related to a collaborative matter, including related matters filed by third parties. II. Except as otherwise provided […]