TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: March 6, 2014
RE: Rule 8.10, N.D.R.Ct., Collaborative Law Practice; Rule 513, N.D.R.Ev., Collaborative Law Privilege
Judge Hagerty requested that the committee consider adoption of the Uniform Collaborative Law Rule in North Dakota. The committee heard information about collaborative law practice and discussed the uniform rule proposal at its April 2013 meeting. The committee concluded that the uniform rule was perhaps too complex and that a simpler rule, based on the Minnesota rule, might be more appropriate. The committee also thought that a separate privilege rule, based on the uniform act, might be useful.
The committee deferred addressing this proposal at the September 2013 meeting because of the need to complete work on the proposed appellate rule amendments. For the purposes of discussion, a proposed new N.D.R.Ct. 8.10 draft based on the Minnesota collaborative law rule is attached as is a proposed new N.D.R.Ev. 513 draft on collaborative law privilege. A copy of the original Rule 8.10 draft is attached for the committee's reference it contains all the provisions of the uniform rule.