Title 7 — Title 7 SPECIAL PROCEEDINGS AND ACTIONS
43 chapters · 769 sections in this title.
RCW 7.77.010 Definitions.
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In this chapter:(1) "Collaborative law communication" means a statement, whether oral or in a record, or verbal or nonverbal, that:(a) Is made to conduct, participate in, continue, or reconvene a collaborative law process; and(b) Occurs after the parties sign a collaborative law …
RCW 7.77.020 Applicability.
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(1) This chapter applies to a collaborative law participation agreement that meets the requirements of RCW 7.77.030 signed on or after July 28, 2013.(2) The use of collaborative law applies only to matters that would be resolved in civil court and may not be used to resolve matte…
RCW 7.77.030 Collaborative law participation agreement—Requirements.
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(1) A collaborative law participation agreement must:(a) Be in a record;(b) Be signed by the parties;(c) State the parties' intention to resolve a collaborative matter through a collaborative law process under this chapter;(d) Describe the nature and scope of the matter;(e) Ident…
RCW 7.77.040 Beginning and concluding collaborative law process.
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(1) A collaborative law process begins when the parties sign a collaborative law participation agreement.(2) A tribunal may not order a party to participate in a collaborative law process over that party's objection.(3) A collaborative law process is concluded by a:(a) Resolution…
RCW 7.77.050 Proceedings pending before tribunal—Status report.
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(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 s…
RCW 7.77.060 Emergency order.
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During a collaborative law process, a tribunal may issue emergency orders to protect the health, safety, welfare, or interest of a party or of a family or household member or intimate partner, as defined in RCW 7.105.010.[ 2021 c 215 s 91; 2020 c 29 s 1; 2013 c 119 s 7.]Notes:Eff…
RCW 7.77.070 Approval of agreement by tribunal.
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A tribunal may approve an agreement resulting from a collaborative law process.[ 2013 c 119 s 8.]
RCW 7.77.080 Disqualification of collaborative lawyer and lawyers in associated law firm.
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(1) Except as otherwise provided in subsection (3) of this section, a collaborative lawyer is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter.(2) Except as otherwise provided in subsection (3) of this section …
RCW 7.77.090 Governmental entity as party.
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(1) The disqualification of RCW 7.77.080(1) applies to a collaborative lawyer representing a party that is a government or governmental subdivision, agency, or instrumentality.(2) After a collaborative law process concludes, another lawyer in a law firm with which the collaborati…
RCW 7.77.100 Disclosure of information.
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Except as provided by law other than this chapter, during the collaborative law process, on the request of another party, a party shall make timely, full, candid, and informal disclosure of information related to the collaborative matter without formal discovery. A party also sha…
RCW 7.77.110 Standards of professional responsibility and mandatory reporting not affected.
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(1) This chapter does not affect the professional responsibility obligations and standards applicable to a lawyer or other licensed professional or relieve a lawyer or other licensed professional from the duty to comply with all applicable professional responsibility obligations …
RCW 7.77.120 Appropriateness of collaborative law process.
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Before a prospective party signs a collaborative law participation agreement, the prospective party must:(1) Be advised as to whether a collaborative law process is appropriate for the prospective party's matter;(2) Be provided with sufficient information to make an informed deci…
RCW 7.77.130 Coercive or violent relationship among parties.
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(1) Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall make reasonable inquiry whether the prospective party has a history of a coercive or violent relationship with another prospective party.(2) Throughout a col…
RCW 7.77.140 Confidentiality of collaborative law communication.
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Subject to RCW 7.77.110, a collaborative law communication is confidential to the extent agreed by the parties in a signed record or as provided by law of this state other than this chapter.[ 2013 c 119 s 15.]
RCW 7.77.150 Privilege against disclosure for collaborative law communication—Admissibility—Discovery.
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(1) Subject to RCW 7.77.160 and 7.77.170, a collaborative law communication is privileged under subsection (2) of this section, is not subject to discovery, and is not admissible in evidence.(2) In a proceeding, the following privileges apply:(a) A party may refuse to disclose, a…
RCW 7.77.160 Waiver and preclusion of privilege.
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(1) A privilege under RCW 7.77.150 may be waived in a record or orally during a proceeding if it is expressly waived by all parties and, in the case of the privilege of a nonparty participant, it is also expressly waived by the nonparty participant.(2) A person that makes a discl…
RCW 7.77.170 Limits of privilege.
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(1) There is no privilege under RCW 7.77.150 for a collaborative law communication that is:(a) Available to the public under chapter 42.56 RCW or made during a session of a collaborative law process that is open, or is required by law to be open, to the public;(b) A threat or sta…
RCW 7.77.180 Authority of tribunal in case of noncompliance.
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(1) If an agreement fails to meet the requirements of RCW 7.77.030, or a lawyer fails to comply with RCW 7.77.120 or 7.77.130, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they:(a) Signed a record indicatin…
RCW 7.77.900 Short title.
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This chapter may be known and cited as the "uniform collaborative law act."[ 2013 c 119 s 1.]
RCW 7.77.901 Uniformity of application and construction.
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In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.[ 2013 c 119 s 20.]
RCW 7.77.902 Relation to electronic signatures in global and national commerce act.
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This chapter modifies, limits, and supersedes the federal electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any …