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Current as of January 01, 2024 | Updated by Findlaw Staff
(1) If an agreement fails to meet the requirements of 25-40-103 or a lawyer fails to comply with 25-40-114 or 25-40-115, a tribunal may still find that the parties intended to enter into a collaborative law participation agreement if they:
(a) signed a record indicating an intention to enter into a collaborative law participation agreement; and
(b) reasonably believed they were participating in a collaborative law process.
(2) If a tribunal makes the findings specified in subsection (1) and the interests of justice require, the tribunal may:
(a) enforce an agreement evidenced by a record resulting from the process in which the parties participated;
(b) apply the disqualification provisions of 25-40-104, 25-40-105, 25-40-108, 25-40-109, and 25-40-110; and
(c) apply a privilege under 25-40-116.
Cite this article: FindLaw.com - Montana Title 25. Civil Procedure § 25-40-119. Authority of tribunal in case of noncompliance - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-25-civil-procedure/mt-st-25-40-119/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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