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Utah · Through 2026 General Session

Utah Code § 78B-19-114: Authority of tribunal in case of noncompliance.

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Where this section sits in the code
  1. Title 78B Judicial Code
  2. Chapter 78B-19 Utah Uniform Collaborative Law Act

(1) If an agreement fails to meet the requirements of Section 78B-19-104, or a lawyer fails to comply with Section 78B-19-111 or 78B-19-112, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they:

(a) signed a record indicating an intention to enter into a collaborative law participation agreement; and

(b) reasonably believed they were participating in a collaborative law process.

(2) If a court makes the findings specified in Subsection (1), and the interests of justice require, the court may:

(a) enforce an agreement evidenced by a record resulting from the process in which the parties participated;

(b) apply the disqualification provisions of Sections 78B-19-105 and 78B-19-106; and

(c) apply the privileges in the Utah Rules of Evidence.

Collected 2026-09-03T11:34:34Z. Source file · JSON

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