N.M. R. Civ. P. Dist. Ct. 1-128.12

As amended through August 23, 2024

Rule 1-128.12 - Privilege against disclosure for collaborative law communication; admissibility; discovery

A.Scope of the privilege. A party has a privilege to refuse to disclose, and to prevent any other person from disclosing, a collaborative law communication, provided that evidence or information that is otherwise admissible or subject to discovery does not become privileged solely because of its disclosure or use in a collaborative law process.

B.Who may claim the privilege. The privilege may be claimed by

(1) a party;

(2) a party's guardian or conservator;

(3) the personal representative of a deceased party; or

(4) a nonparty participant, but only with respect to a collaborative law communication of the nonparty participant.

C.Waiver of privilege.

(1) The privilege may be waived in a record or orally during a proceeding if it is expressly waived by all parties.

(2) A party who discloses a collaborative law communication for which the privilege has not been waived under Subparagraph (1) of this paragraph shall be deemed to have waived the privilege, but only to the extent necessary to permit any other party to respond to the unauthorized disclosure.

D.Exceptions.

(1) There is no privilege for a collaborative law communication that,

(a) is required by law to be made public or otherwise disclosed;

(b) is threatening or leads to actual violence;

(c) reveals the intent of a party to commit a felony or inflict bodily harm to the party's self or another person;

(d) relates to whether the parties reached a binding and enforceable agreement in the collaborative law process; or

(e) is in an agreement resulting from the collaborative law process, evidenced by a record signed by all parties to the agreement.

(2) Disclosure or admission of evidence excepted from the privilege under Paragraph B or C does not make the evidence or any other collaborative law communication discoverable or admissible for any other purpose.

N.M. R. Civ. P. Dist. Ct. 1-128.12

Adopted by Supreme Court Order No. 16-8300-020, effective for all cases pending or filed on or after12/31/2016.