78B-19-106. Proceedings pending before tribunal -- Status report.

219 words·~1 min read·/ut/title-78b/chapter-19/78b-19-106

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 tribunal may sign a collaborative law participation agreement to seek to resolve a collaborative matter related to the proceeding. Parties shall file promptly with the tribunal a notice of the agreement after it is signed. Subject to Subsection

(3)and Sections 78B-19-107 and 78B-19-108 , the filing shall include a request for a stay of the proceeding.

(2)Parties shall file promptly with the tribunal notice in a record when a collaborative law process concludes and request the stay to be lifted. The notice may not specify any reason for termination of the process.

(3)A tribunal in which a proceeding is stayed under Subsection

(1)may require 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 tribunal 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.

Enacted by Chapter 382 , 2010 General Session