RSA 490-J:2 · Definitions

490-J:2 Definitions. – In this chapter:

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I.

"Collaborative law communication" means a statement, whether oral or in a document, that:

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(a)

Is made as part of a collaborative law process;

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(b)

Occurs after the parties sign a collaborative law participation agreement and before the collaborative law process is concluded; and

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(c)

Is not otherwise privileged pursuant to the attorney client relationship.

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II.

"Collaborative law participation agreement" means an agreement by persons to participate in a collaborative law process.

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III.

"Collaborative law process" means a procedure intended to resolve a collaborative matter without intervention by a court in which persons:

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(a)

Sign a collaborative law participation agreement; and

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(b)

Are represented by collaborative lawyers.

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IV.

"Collaborative lawyer" means a lawyer who represents a party in a collaborative law process.

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V.

"Collaborative matter" means an issue for resolution which is described in a collaborative law participation agreement and arises under the law of this state, including, but not limited to:

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(a)

Marriage, divorce, annulment, legal separation, and property distribution;

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(b)

Parental rights and responsibilities;

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(c)

Grandparent rights;

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(d)

Alimony, maintenance, and child support;

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(e)

Parentage;

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(f)

Premarital and post-marital agreements; and

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(g)

Any modifications of any orders arising out of the matters set forth in subparagraphs (a)-(f).

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VI.

"Court" means a body acting in an adjudicative capacity which has jurisdiction to render a decision affecting a party's interests in a matter.

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VII.

"Document" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

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VIII.

"Law firm" means lawyers who practice law together in a partnership, professional corporation, sole proprietorship, limited liability company, association or legal services organization.

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IX.

"Neutral participant" means a person, other than a party and a party's collaborative lawyer, that participates in a collaborative law process.

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X.

"Party" means a person that signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter.

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XI.

"Proceeding" means a judicial or other adjudicative process.

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XII.

"Prospective party" means a person who discusses with a prospective collaborative lawyer the possibility of signing a collaborative law participation agreement.

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XIII.

"Related to a collaborative matter" means involving the same parties, transaction or occurrence, nucleus of operative fact, dispute, claim, or issue as the collaborative matter.

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XIV.

"Sign" means with present intent to authenticate or adopt a document by electronic or non-electronic signature. Source. 2021, 206:2, Pt. V, Sec. 1, eff. Oct. 9, 2021.

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