Okla. Stat. tit. 12, § 12-3319: Limits of privilege

LIMITS OF PRIVILEGE.

A. There is no privilege under Section 17 of this act for a

collaborative law communication that is:

1. Available to the public under the Oklahoma Open Records Act

or made during a session of a collaborative law process that is

open, or is required by law to be open, to the public;

2. A threat or statement of a plan to inflict bodily injury or

commit a crime of violence;

3. Intentionally used to plan a crime, commit or attempt to

commit a crime, or conceal an ongoing crime or ongoing criminal

activity; or

4. In an agreement resulting from the collaborative law

process, evidenced by a record signed by all parties to the

agreement.

B. The privileges under Section 17 of this act for a

collaborative law communication do not apply to the extent that a

communication is:

1. Sought or offered to prove or disprove a claim or complaint

of professional misconduct or malpractice arising from or related to

a collaborative law process; or

2. Sought or offered to prove or disprove abuse, neglect,

abandonment, or exploitation of a child or adult, unless the

Department of Human Services is a party to or otherwise participates

in the process.

C. There is no privilege under Section 17 of this act if a

tribunal finds, after a hearing in camera, that the party seeking

discovery or the proponent of the evidence has shown the evidence is

not otherwise available, the need for the evidence substantially

outweighs the interest in protecting confidentiality, and the

collaborative law communication is sought or offered in:

1. A court proceeding involving a felony or misdemeanor; or

2. A proceeding seeking rescission or reformation of a contract

arising out of the collaborative law process or in which a defense

to avoid liability on the contract is asserted.

D. If a collaborative law communication is subject to an

exception under subsection B or C of this section, only the part of

the communication necessary for the application of the exception may

be disclosed or admitted.

E. Disclosure or admission of evidence excepted from the

privilege under subsection B or C of this section does not make the

evidence or any other collaborative law communication discoverable

or admissible for any other purpose.

F. The privileges under Section 17 of this act do not apply if

the parties agree in advance in a signed record, or if a record of a

proceeding reflects agreement by the parties, that all or part of a

collaborative law process is not privileged. This subsection does

not apply to a collaborative law communication made by a person that

did not receive actual notice of the agreement before the

communication was made.