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2017 Maryland Code
Courts and Judicial Proceedings
Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 20 - Maryland Uniform Collaborative Law Act.
§ 3-2001. Definitions.
Universal Citation: MD Cts & Jud Pro Code § 3-2001 (2017)
- (a) In general. -- In this subtitle the following words have the meanings indicated.
- (b) Collaborative law communication. -- "Collaborative law communication" means a statement, whether oral or in a record or verbal or nonverbal, that:
- (1) Is made to conduct, participate in, continue, or reconvene a collaborative law process; and
- (2) Occurs after the parties sign a collaborative law participation agreement and before the collaborative law process is concluded.
- (c) Collaborative law participation agreement. -- "Collaborative law participation agreement" means an agreement by persons to participate in a collaborative law process.
- (d) Collaborative law process. -- "Collaborative law process" means a procedure intended to resolve a collaborative matter without intervention by a tribunal in which persons:
- (1) Sign a collaborative law participation agreement; and
- (2) Are represented by collaborative lawyers.
- (e) Collaborative lawyer. -- "Collaborative lawyer" means a lawyer who represents a party in a collaborative law process.
- (f) Collaborative matter. --
- (1) "Collaborative matter" means a dispute, a transaction, a claim, a problem, or an issue for resolution described in a collaborative law participation agreement.
- (2) "Collaborative matter" includes a dispute, a claim, and an issue in a proceeding.
- (g) Nonparty participant. -- "Nonparty participant" means a person other than a party and the party's collaborative lawyer that participates in a collaborative law process.
- (h) Party. -- "Party" means a person that signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter.
- (i) Person. -- "Person" means an individual, a corporation, a business trust, an estate, a trust, a partnership, a limited liability company, an association, a joint venture, a public corporation, a government or governmental subdivision, agency, or instrumentality or any other legal or commercial entity.
- (j) Person eligible for relief. -- "Person eligible for relief" includes:
- (1) The current or former spouse of a respondent;
- (2) A cohabitant of a respondent;
- (3) A person related to a respondent by blood, marriage, or adoption;
- (4) A parent, stepparent, child, or stepchild of a respondent or person eligible for relief who resides or resided with the respondent or person eligible for relief for at least 90 days within 1 year before the filing of a petition for relief under Title 4, Subtitle 5 of the Family Law Article;
- (5) A vulnerable adult; and
- (6) A person who has a child in common with the respondent.
- (k) Proceeding. -- "Proceeding" means:
- (1) A judicial, an administrative, an arbitral, or any other adjudicative process before a tribunal, including related prehearing and posthearing motions, conferences, and discovery; or
- (2) A legislative hearing or similar process.
- (l) Prospective party. -- "Prospective party" means a person that discusses with a prospective collaborative lawyer the possibility of signing a collaborative law participation agreement.
- (m) Record. -- "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or any other medium and is retrievable in perceivable form.
- (n) Related to a collaborative matter. -- "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.
- (o) Sign. -- "Sign" means, with present intent to authenticate or adopt a record, to:
- (1) Execute or adopt a tangible symbol; or
- (2) Attach to or logically associate with the record an electronic symbol, sound, or process.
- (p) Tribunal. -- "Tribunal" means:
- (1) A court, an arbitrator, an administrative agency, or any other body acting in an adjudicative capacity that, after presentation of evidence or legal argument, has jurisdiction to render a decision affecting a party's interests in a matter; or
- (2) A legislative body conducting a hearing or similar process.
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