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GOVERNMENT
PUBLIC/HOUSE BILLS
H 16 (2019-2020) 2019 HOUSE PERMANENT RULES. Filed Jan 30
2019.Л
HOUSE RESOLUTION ADOPTING THE PERMANENT
RULES OF THE HOUSE OF REPRESENTA TIVES FOR THE 201 9 REGULAR SESSION.
House amendment makes the following changes to the 2nd edition.
Amendment #1 removes the head covering prohibition for male members in the House Chamber or visitors in the galleries
while the House is in session set forth in Rules 12 and 53, respectively.
Intro, by Lewis.
HOUSE RES
View summary
Government, General Assembly
H 32 (2019-2020) COLLABORATIVE LAW. Filed Feb 6 20\9, AN ACT TO ENACT THE UNIFORM COLLABORATIVE LAW ACT, AS
RECOMMENDED BY THE GENERAL STATUTES COMMISSION.
Enacts Article 53 to GS Chapter 1, titled the Unifonn Collaborative Law Act.
Sets out defined terms for the Article. Establishes that the Article applies to a collaborative law participation agreement that
meets the specified requirements, described below, signed on or after the effective date of the act. Adds that the Article does
not apply to any claim or proceeding arising under GS Chapters 35A (Incompetency and Guardianship). 35B (Unifonn Adult
Guardianship and Protective Proceedings Jurisdiction Act), or 50 (Divorce And Alimony). Prohibits minors, unborn
individuals, and incompetent individuals from being parties to a collaborative law process.
Establishes the requirements for a collaborative law participation agreement (agreement) as follows. The agreement must (1)
be in a record; (2) be signed by the parties and their collaborative lawyers; (3) state the parties' intentions to resolve a
collaborative matter through the collaborative law process of the Article; (4) describe the nature and scope of the collaborative
matter; (5) identify the collaborative lawyer who represents each party; (6) contain a statement by each collaborative lawyer
confirming the collaborative lawyer's representation of a party in the collaborative law process; (7) state that the collaborative
lawyers are disqualified from representing their respective parties in a proceeding before a tribunal related to the collaborative
matter, except as provided; and (8) provide an address for each party where any notice required by the Article may be sent.
Permits parties to agree to include additional provisions that are not inconsistent with the Article in an agreement.
Establishes that participation in a collaborative law' process is voluntary and prohibits a tribunal from ordering a person to
participate over that person's objection. Establishes that the process begins when the parties sign a collaborative law
participation agreement, and concludes upon (1) resolution of a collaborative matter, evidenced by a signed record; (2)
resolution of part of a collaborative matter, evidenced by a signed record, in which the parties agree the remaining parts will
not be resolved in the process; or (3) termination of the process. Termination occurs when (1 ) a party or collaborative lawyer
gives notice to all other parties in a record that the process is ended; (2) a party begins a proceeding related to the collaborative
matter without the agreement of all parties, except as provided, or in a pending related proceeding, a party initiates a pleading,
motion, order to show cause, or request for a conference with a tribunal without the agreement of all parties or requests that the
proceeding be put on the tribunal's active calendar; or (3) a party discharges a collaborative lawyer or a collaborative lawyer
withdraws from further representation of a party. Requires a party's collaborative lawyer to give prompt notice to all record
parties of a discharge or withdrawal. Permits a party to terminate a process with or without cause. Provides for the continuance
of a process after the discharge or withdrawal of a collaborative lawyer, as specified. Specifies that a process does not conclude
if a parly requests a tribunal to approve a resolution of all or part of the collaborative matter and all parties consent, as
evidenced by a signed record. Adds that an agreement can provide additional methods to conclude the process. Further
provides that an agreement tolls all legal time periods applicable to legal rights and issues under law, including statutes of
limitations, statutes of repose, filing deadlines, and other time limitations, between the parties from the time the parties sign an
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