N.H. Rev. Stat. § 490-J:16

Current through the 2024 Legislative

Section 490-J:16 - Authority of Court in Case of Noncompliance

Notwithstanding a failure to comply with RSA 490-J:4, RSA 490-J:12, or RSA 490-J:13, a court may enforce an agreement, apply the disqualification provisions of RSA 490-J:9, or apply a privilege under RSA 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.

RSA 490-J:16

Added by 2021 , 206: V-1, eff. 10/9/2021.

2021, 206 : 2 , Pt. V, Sec. 1, eff. Oct. 9, 2021.