78B-19-106 - Proceedings pending before tribunal -- Status report.
78B-19-106. Proceedings pending before tribunal -- Status report.
(1) Persons in a proceeding pending before a tribunal may sign a collaborative lawparticipation 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 toSubsection (3) and Sections 78B-19-107 and 78B-19-108, the filing shall include a request for astay of the proceeding.
(2) Parties shall file promptly with the tribunal notice in a record when a collaborativelaw process concludes and request the stay to be lifted. The notice may not specify any reasonfor termination of the process.
(3) A tribunal in which a proceeding is stayed under Subsection (1) may require partiesand collaborative lawyers to provide a status report on the collaborative law process and theproceeding. A status report may include only information on whether the process is ongoing orconcluded. It may not include a report, assessment, evaluation, recommendation, finding, orother communication regarding a collaborative law process or collaborative law matter.
(4) A tribunal shall provide parties notice and an opportunity to be heard beforedismissing a proceeding in which a notice of collaborative process is filed based on delay orfailure to prosecute.
Enacted by Chapter 382, 2010 General Session