Section 18 - Waiver and Preclusion of Privilege

As amended through November 4, 2024
Section 18 - Waiver and Preclusion of Privilege
(a) 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;
(b) a person that makes a disclosure or representation about a collaborative law communication which 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.
Adopted by order filed and effective 4/1/2019.