Nev. Rev. Stat. § 38.565

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 38.565 - Authority of tribunal in case of noncompliance
1. If a collaborative law participation agreement fails to meet the requirements of NRS 38.485, or if a prospective collaborative lawyer fails to comply with NRS 38.535 or 38.540, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if the parties:
(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 tribunal makes the findings specified in subsection 1 and the interests of justice require, the tribunal may:
(a) Enforce an agreement evidenced by a record resulting from the process in which the parties participated;
(b) Apply the disqualification provisions of NRS 38.510, 38.515 and 38.520; and
(c) Apply the privileges under NRS 38.550.

NRS 38.565

Added to NRS by 2011, 190
Added to NRS by 2011, 190, effective 1/1/2013