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§ 3-2011. Limits of privilege

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: October 1, 2014

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 3. Courts of General Jurisdiction--Jurisdiction/Special Causes of Action (Refs & Annos)
Subtitle 20. Maryland Uniform Collaborative Law Act (Refs & Annos)
Effective: October 1, 2014
MD Code, Courts and Judicial Proceedings, § 3-2011
§ 3-2011. Limits of privilege
Currentness
In general
(a) There is no privilege under § 3-2009 of this subtitle for a collaborative law communication that is:
(1) Available to the public under Title 10, Subtitle 6 of the State Government Article or made during a session of a collaborative law process that is open or is required by law to be open to the public;
(2) A threat or statement of a plan to inflict bodily injury or commit a crime of violence;
(3) Intentionally used to plan a crime, commit or attempt to commit a crime, or conceal an ongoing crime or ongoing criminal activity; or
(4) In an agreement resulting from the collaborative law process, evidenced by a record signed by all parties to the agreement.
Prove or disprove professional misconduct, malpractice, or child abuse, neglect, abandonment, and exploitation
(b) The privileges under § 3-2009 of this subtitle for a collaborative law communication do not apply to the extent that a communication is sought or offered to prove or disprove:
(1) A claim or complaint of professional misconduct or malpractice arising from or related to a collaborative law process; or
(2) Abuse, neglect, abandonment, or exploitation of a child or an adult, unless the department of social services for the county in which the child or adult resides is a party to or otherwise participates in the process.
Evidence not otherwise available
(c) There is no privilege under § 3-2009 of this subtitle if a tribunal finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown the evidence is not otherwise available, the need for the evidence substantially outweighs the interest in protecting confidentiality, and the collaborative law communication is sought or offered in:
(1) A court proceeding involving a felony or misdemeanor; or
(2) A proceeding seeking rescission or reformation of a contract arising out of the collaborative law process or in which a defense to avoid liability on the contract is asserted.
Limited disclosure of communication when privilege does not apply
(d) If a collaborative law communication is subject to an exception under subsection (b) or (c) of this section, only the part of the communication necessary for the application of the exception may be disclosed or admitted.
Disclosed communication not discoverable or admissible for any other purpose
(e) Disclosure or admission of evidence excepted from the privilege under subsection (b) or (c) of this section does not make the evidence or any other collaborative law communication discoverable or admissible for any other purpose.
Limits of privilege subject to signed agreement
(f)(1) The privileges under § 3-2009 of this subtitle do not apply if the parties agree in advance in a signed record or, if a record of a proceeding reflects agreement by the parties, that all or part of a collaborative law process is not privileged.
(2) This subsection does not apply to a collaborative law communication made by a person that did not receive actual notice of the agreement before the communication was made.

Credits

Added by Acts 2014, c. 342, § 1, eff. Oct. 1, 2014.
MD Code, Courts and Judicial Proceedings, § 3-2011, MD CTS & JUD PRO § 3-2011
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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