Utah Code 78B-19-114. Authority of tribunal in case of noncompliance
Current as of: 2024 | Check for updates
|
Other versions
(1) If an agreement fails to meet the requirements of Section 78B-19-104 , or a lawyer fails to comply with Section 78B-19-111 or 78B-19-112 , a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they:
Terms Used In Utah Code 78B-19-114
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
(1)(a) signed a record indicating an intention to enter into a collaborative law participation agreement; and
(1)(b) reasonably believed they were participating in a collaborative law process.
(2) If a court makes the findings specified in Subsection (1) , and the interests of justice require, the court may:
(2)(a) enforce an agreement evidenced by a record resulting from the process in which the parties participated;
(2)(b) apply the disqualification provisions of Sections 78B-19-105 and 78B-19-106 ; and
(2)(c) apply the privileges in the Utah Rules of Evidence.