Maryland Code, COURTS AND JUDICIAL PROCEEDINGS 3-2009
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Terms Used In Maryland Code, COURTS AND JUDICIAL PROCEEDINGS 3-2009
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
(a) Subject to §§ 3-2011 and 3-2012 of this subtitle, a collaborative law communication is privileged under subsection (b) of this section, is not subject to discovery, and is not admissible in evidence.
(b) In a proceeding, the following privileges apply:
(1) A party may refuse to disclose and may prevent any other person from disclosing a collaborative law communication; and
(2) A nonparty participant may refuse to disclose and may prevent any other person from disclosing a collaborative law communication of the nonparty participant.
(c) Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely because of its disclosure or use in a collaborative law process.