Montana Code 25-40-116. Privilege against disclosure for collaborative law communication — admissibility — discovery
25-40-116. Privilege against disclosure for collaborative law communication — admissibility — discovery. (1) Subject to 25-40-117 and 25-40-118, a collaborative law communication is privileged under subsection (2) of this section, is not subject to discovery, and is not admissible in evidence.
Terms Used In Montana Code 25-40-116
- 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 a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
(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.