Michigan Laws 691.1348 – Waiver and preclusion of privilege
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Terms Used In Michigan Laws 691.1348
- 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 691.1332Nonparty 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 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 691.1332Record: 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 Michigan Laws 691.1332
(1) A privilege under section 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.
(2) A person that makes a disclosure or representation about a collaborative law communication that prejudices another person in a proceeding may not assert a privilege under section 17, but this preclusion applies only to the extent necessary for the person prejudiced to respond to the disclosure or representation.