2022 Colorado Code
Title 13 - Courts and Court Procedure
Article 24 - Uniform Collaborative Law Act
§ 13-24-117. Privilege Against Disclosure for Collaborative Law Communication - Admissibility - Discovery

[ Editor's note: This section is effective January 1, 2022.]

1. Subject to sections 13-24-118 and 13-24-119, a collaborative law communication is privileged under subsection (2) of this section, is not subject to discovery, and is not admissible in evidence in any proceeding except as agreed by the parties and nonparty participants, if any, in a signed participation agreement or later agreement signed by both parties and nonparty participants, if any, and except as noted in this article 24.
2. In a proceeding, the following privileges apply:
   1. A party may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication; and
   2. A nonparty participant or a collaborative law attorney may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication except as agreed by both parties and nonparty participants, if any, in writing.

3. Evidence or information, including but not limited to disclosures made pursuant to rule 16.2 of the Colorado rules of civil procedure, as amended, that is otherwise admissible to a tribunal or subject to discovery does not become inadmissible or protected from discovery solely because of its disclosure or use in a collaborative law process.

Source: L. 2021: Entire article added, (SB 21-143), ch. 142, p. 796, § 1, effective January 1, 2022.