403.648 Proceedings pending before court -- Status report -- Emergency order.

270 words·~1 min read·/ky/chapter-403/403-648

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Persons in a proceeding pending before a court may sign a collaborative law

participation agreement to seek to resolve a collaborative matter related to the

proceeding. The parties shall file promptly with the court a notice of the agreement

after it is signed. Subject to subsections

(3)and

(6)of this section, the filing

operates as an application for a stay of the proceeding.

(2)The parties shall file promptly with the court notice in a record when a collaborative

law process concludes. The stay of the proceeding under subsection

(1)of this

section is lifted when the notice is filed. The notice shall not specify any reason for

termination of the process.

(3)A court in which a proceeding is stayed under subsection

(1)of this section may

require the parties and collaborative lawyers to provide a status report on the

collaborative law process and the proceeding. A status report may include only

information on whether the process is ongoing or concluded. It may not include a

report, assessment, evaluation, recommendation, finding, or other communication

regarding a collaborative law process or collaborative law matter.

(4)A court may not consider a communication made in violation of subsection

(3)of

this section.

(5)A court shall provide parties notice and an opportunity to be heard before

dismissing a proceeding in which a notice of collaborative process is filed based on

delay or failure to prosecute.

(6)During a collaborative law process, a court may issue emergency orders to protect

the health, safety, welfare, or interest of a party or an immediate family member

that resides in the party's home.