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NC H1022

Bill

Status

Engrossed

6/11/2018

Primary Sponsor

Robert Davis

Click for details

Origin

House of Representatives

2017-2018 Session

AI Summary

  • Enacts the Uniform Collaborative Law Act by adding Article 53 to Chapter 1 of the General Statutes, establishing a framework for collaborative law processes to resolve disputes without tribunal intervention.

  • Requires collaborative law participation agreements to be in writing and signed by parties and their collaborative lawyers, describing the dispute, identifying the lawyers, and confirming that lawyers are disqualified from representing parties in subsequent litigation related to the collaborative matter.

  • Prohibits the act's application to claims under Chapter 35A, 35B, or 50 of the General Statutes, and bars minors, unborn individuals, and incompetent persons from participating as parties.

  • Establishes confidentiality protections for collaborative law communications, making them privileged and not subject to discovery or admission in evidence, with limited exceptions for threats of violence, criminal activity, public records, and professional misconduct claims.

  • Tolls all applicable statutes of limitations, filing deadlines, and other time limitations from when parties sign the agreement until one party delivers notice of intent to terminate the tolling period, which takes effect 30 days after receipt by the last party.

  • Becomes effective October 1, 2018.

Legislative Description

Collaborative Law

Last Action

Ref To Com On Rules and Operations of the Senate

6/11/2018

Committee Referrals

Rules and Operations of the Senate6/11/2018
Judiciary I5/28/2018

Full Bill Text

No bill text available