| (1) |
If an agreement fails to meet the requirements of Section 78B-19-104, or a lawyer fails to comply with Section 78B-19-111 or 78B-19-112, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they:
Terms Used In Utah Code 78B-19-114- 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.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
| (a) |
signed a record indicating an intention to enter into a collaborative law participation agreement; and |
| (b) |
reasonably believed they were participating in a collaborative law process. |
|
| (2) |
If a court makes the findings specified in Subsection (1), and the interests of justice require, the court may:
| (a) |
enforce an agreement evidenced by a record resulting from the process in which the parties participated; |
| (c) |
apply the privileges in the Utah Rules of Evidence. |
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Enacted by Chapter 382, 2010 General Session
