TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: December 30, 2014
RE: Rule 8.10, N.D.R.Ct., Collaborative Law Practice; Rule 513, N.D.R.Ev., Collaborative Law Privilege
Judge Hagerty last year requested that the committee consider adoption of the Uniform Collaborative Law Rule in North Dakota. The committee heard basic information about collaborative law practice and discussed the uniform rule proposal at its April 2013 meeting. The committee again addressed collaborative law at the April and September 2014 meetings. It developed a N.D.R.Ct. 8.10 draft based on the uniform rule and the Minnesota collaborative law rule and a N.D.R.Ev. 513 draft on collaborative law privilege. These drafts are attached as is a draft rule based completely on the uniform rule.
The committee considered comments about the drafts from the Joint ADR Committee, the North Dakota Collaborative Divorce Group, and attorney Kristi Pettit Venhuizen at the September meeting. Copies of the comments are attached for the committee's reference. The committee decided that SBAND's Family Law Section should also be given the opportunity to review the drafts at its annual conference. Member Joanne Ottmar attended the conference and will report on the Family Law Section's comments.