RULE 513. COLLABORATIVE LAW PRIVILEGE.
1 (a) Privilege Against Disclosure for Collaborative Law Communication;
2 Admissibility; Discovery.
3 (1) A collaborative law communication is privileged, not subject to
4 discovery, and not admissible in evidence.
5 (2) In a proceeding, the following privileges apply:
6 (A) A party may refuse to disclose, and may prevent any other person from
7 disclosing, a collaborative law communication.
8 (B) A nonparty participant may refuse to disclose, and may prevent any
9 other person from disclosing, a collaborative law communication of the nonparty
11 (3) Evidence or information that is otherwise admissible or subject to
12 discovery does not become inadmissible or protected from discovery solely
13 because of its disclosure or use in a collaborative law process.
14 (b) Waiver and Preclusion of Privilege.
15 (1) A privilege under Rule 513(a) may be waived in a record or orally
16 during a proceeding if it is expressly waived by all parties and, in the case of the
17 privilege of a nonparty participant, it is also expressly waived by the nonparty
19 (2) A person that makes a disclosure or representation about a collaborative
20 law communication which prejudices another person in a proceeding may not
21 assert a privilege under Rule 513(a), but this preclusion applies only to the extent
22 necessary for the person prejudiced to respond to the disclosure or representation.
23 (c) Limits of Privilege.
24 (1) There is no privilege under Rule 513(a) for a collaborative law
25 communication that is:
26 (A) available to the public under an open records act or made during a
27 session of a collaborative law process that is open, or is required by law to be
28 open, to the public;
29 (B) a threat or statement of a plan to inflict bodily injury or commit a crime
30 of violence;
31 (C) intentionally used to plan a crime, commit or attempt to commit a crime,
32 or conceal an ongoing crime or ongoing criminal activity; or
33 (D) in an agreement resulting from the collaborative law process, evidenced
34 by a record signed by all parties to the agreement.
35 (2) The privileges under Rule 513(a) for a collaborative law communication
36 do not apply to the extent that a communication is:
37 (A) sought or offered to prove or disprove a claim or complaint of
38 professional misconduct or malpractice arising from or related to a collaborative
39 law process; or
40 (B) sought or offered to prove or disprove abuse, neglect, abandonment, or
41 exploitation of a child or adult, unless the child protective services agency or adult
42 protective services agency is a party to or otherwise participates in the process.
43 (3) There is no privilege under Rule 513(a) if a tribunal finds, after a
44 hearing in camera, that the party seeking discovery or the proponent of the
45 evidence has shown the evidence is not otherwise available, the need for the
46 evidence substantially outweighs the interest in protecting confidentiality, and the
47 collaborative law communication is sought or offered in:
48 (A) a court proceeding involving a felony [or misdemeanor]; or
49 (B) a proceeding seeking rescission or reformation of a contract arising out
50 of the
51 collaborative law process or in which a defense to avoid liability on the contract is
53 (4) If a collaborative law communication is subject to an exception under
54 Rule 513(c)(2) or (3), only the part of the communication necessary for the
55 application of the exception may be disclosed or admitted.
56 (5) Disclosure or admission of evidence excepted from the privilege under
57 paragraph Rule 513(c)(2) or (3) does not make the evidence or any other
58 collaborative law communication discoverable or admissible for any other
60 (6) The privileges under Rule 513(a) do not apply if the parties agree in
61 advance in a signed record, or if a record of a proceeding reflects agreement by the
62 parties, that all or part of a collaborative law process is not privileged. This
63 paragraph does not apply to a collaborative law communication made by a person
64 that did not receive actual notice of the agreement before the communication was
66 EXPLANATORY NOTE
67 Rule 513 was adopted, effective_____________.
68 Sources: Joint Procedure Committee Minutes of________________.