TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: September 10, 2013
RE: Rule 8.10, N.D.R.Ct., Collaborative Law Practice; Rule 512, N.D.R.Ev., Collaborative Law Privilege
Judge Hagerty requested 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 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.
For the purposes of further discussion, a proposed new N.D.R.Ct. 8.10 draft based on the Minnesota rule is attached as is a proposed new N.D.R.Ev. 512 draft on privilege.