Michigan Laws 691.1347 – Privilege against disclosure for collaborative law communication; admissibility; discovery
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Terms Used In Michigan Laws 691.1347
- Collaborative law communication: means a statement, whether oral or in a record, or verbal or nonverbal, to which both of the following apply:
(i) The statement is made to conduct, participate in, continue, or reconvene a collaborative law process. See Michigan Laws 691.1332Collaborative law process: means a procedure intended to resolve a collaborative matter without intervention by a tribunal in which persons sign a collaborative law participation agreement and are represented by collaborative lawyers. See Michigan Laws 691.1332 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. Nonparty participant: means a person, other than a party and the party's collaborative lawyer, that participates in a collaborative law process. See Michigan Laws 691.1332 Party: means a person that signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter. See Michigan Laws 691.1332 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 Michigan Laws 691.1332 Proceeding: means any of the following:
(i) A judicial, administrative, arbitral, or other adjudicative process before a tribunal, including related prehearing and posthearing motions, conferences, and discovery. See Michigan Laws 691.1332
(1) Subject to section 18 and 19, a collaborative law communication is privileged under subsection (2), is not subject to discovery, and is not admissible in evidence.
(2) In a proceeding, the following privileges apply:
(a) A party may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication.
(b) A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication of the nonparty participant.
(3) 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.