(a) A privilege under section collaborative law communication; admissibility; discovery” class=”unlinked-ref” datatype=”S” sessionyear=”2019″ statecd=”HI”>658G-17 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.

Terms Used In Hawaii Revised Statutes 658G-18

  • Collaborative law communication: means a statement, whether oral or in a record, or verbal or nonverbal, that:

    (1) Is made to conduct, participate in, continue, or reconvene a collaborative law process; and

    (2) Occurs after the parties sign a collaborative law participation agreement and before the collaborative law process is concluded. See Hawaii Revised Statutes 658G-2

  • Nonparty participant: means a person, other than a party and the party's collaborative lawyer, that participates in a collaborative law process. See Hawaii Revised Statutes 658G-2
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Hawaii Revised Statutes 658G-2
  • Proceeding: means :

    (1) A judicial, administrative, arbitral, or other adjudicative process before a tribunal, including related prehearing and post-hearing motions, conferences, and discovery; or

    (2) A legislative hearing or similar process. See Hawaii Revised Statutes 658G-2

  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 658G-2
(b) 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 658G-17, but this preclusion applies only to the extent necessary for the person prejudiced to respond to the disclosure or representation.

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