New Hampshire Revised Statutes 490-J:16 – Authority of Court in Case of Noncompliance
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Notwithstanding a failure to comply with N.H. Rev. Stat. § 490-J:4, N.H. Rev. Stat. § 490-J:12, or N.H. Rev. Stat. § 490-J:13, a court may enforce an agreement, apply the disqualification provisions of N.H. Rev. Stat. § 490-J:9, or apply a privilege under N.H. Rev. Stat. § 490-J:15 when the court concludes that the parties intended to enter into a collaborative law participation agreement and to participate in a collaborative law process. Such a conclusion shall be based upon the following findings:
I. The parties signed a document indicating an intent to enter into a collaborative law participation agreement;
II. The parties reasonably believed they were participating in a collaborative law process; and
III. The interests of justice require finding that the parties were participating in collaborative law process.
I. The parties signed a document indicating an intent to enter into a collaborative law participation agreement;
Terms Used In New Hampshire Revised Statutes 490-J:16
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
II. The parties reasonably believed they were participating in a collaborative law process; and
III. The interests of justice require finding that the parties were participating in collaborative law process.