Section 19 - Limits of Privilege

As amended through November 4, 2024

(a) The privilege prescribed in Section 17 does not apply to a collaborative family law communication that is:

(1) in a record resulting from the collaborative family law process, evidenced in a record signed by all parties to the agreement;

(2) subject to an express waiver of the privilege in a record or orally during a proceeding if the waiver is made by all parties and nonparty participants;

(3) available to the public under the Tennessee Open Records Act, Tenn. Code Ann. § 10-7-503 et seq.;

(4) a threat or statement of a plan to inflict bodily injury or commit a crime of violence;

(5) a disclosure of a plan to commit or attempt to commit a crime, or conceal an ongoing crime or ongoing criminal activity;

(6) a disclosure in a report of

a. suspected abuse or neglect of a child to an appropriate agency under Tenn. Code Ann. § 37-1-403 and Tenn. Code Ann. § 37-1-605 or in a proceeding regarding the abuse or neglect of a child, except that evidence may be excluded in the case of communications covered by the attorney client privilege; or

b. abuse, neglect, or exploitation of an elderly or disabled person to an appropriate agency under Tenn. Code Ann. § 71-6-103; or

(7) a disclosure sought or offered to prove or disprove:

a. a claim or complaint of professional misconduct or malpractice arising from or related to a collaborative family law process;

b. an allegation that the settlement agreement was procured by fraud, duress, coercion, or other dishonest means or that terms of the settlement agreement are illegal;

c. the necessity and reasonableness of attorney's fees and related expenses incurred during a collaborative family law process; or

d. a claim against a third person who did not participate in the collaborative family law process, or if offered for proving bias, prejudice, undue delay, or obstruction.

(b) If a collaborative family law communication is subject to an exception under Subsection (a), only the part of the communication necessary for the application of the exception may be disclosed or admitted.

(c) The disclosure or admission of evidence excepted from the privilege under Subsection (a) does not make the evidence or any other collaborative family law communication discoverable or admissible for any other purpose.

Adopted by order filed and effective 4/1/2019.