{"data":{"id":"us-ky/krs-403.668","jurisdiction":"us-ky","citation":"KRS 403.668","heading":"Limits of privilege.","body":"(1) There is no privilege under KRS 403.664 for a collaborative law communication\nthat is:\n(a) Available to the public under the Kentucky Open Records Act or made during\na session of a collaborative law process that is open, or is required by law to\nbe open, to the public;\n(b) A threat or statement of a plan to inflict bodily injury or commit a crime of\nviolence;\n(c) Intentionally used to plan a crime, commit or attempt to commit a crime, or\nconceal an ongoing crime or ongoing criminal activity; or\n(d) In an agreement resulting from the collaborative law process, evidenced by a\nrecord signed by all parties to the agreement.\n(2) The privileges under KRS 403.664 for a collaborative law communication shall not\napply to the extent that a communication is sought or offered to prove or disprove:\n(a) A claim or complaint of professional misconduct or malpractice arising from\nor related to a collaborative law process; or\n(b) Abuse, neglect, abandonment, or exploitation of a child or adult, unless the\nCabinet for Health a nd Family Services is a party to or otherwise participates\nin the process.\n(3) There shall be no privilege under KRS 403.664 if a court finds, after a hearing in\ncamera, that the party seeking discovery or the proponent of the evidence has\nshown the eviden ce is not otherwise available, the need for the evidence\nsubstantially outweighs the interest in protecting confidentiality, and the\ncollaborative law communication is sought or offered in:\n(a) A court proceeding involving a felony; or\n(b) A proceeding seeking rescission or reformation of a contract arising out of the\ncollaborative law process or in which a defense to avoid liability on the\ncontract is asserted.\n(4) If a collaborative law communication is subject to an exception under subsec tion\n(2) or (3) of this section, only the part of the communication necessary for the\napplication of the exception may be disclosed or admitted.\n(5) Disclosure or admission of evidence excepted from the privilege under subsection\n(2) or (3) of this section  does not make the evidence or any other collaborative law\ncommunication discoverable or admissible for any other purpose.\n(6) The privileges under KRS 403.664 shall not apply if the parties agree in advance in\na signed record, or if a record of a proceeding reflects agreement by the parties, that\nall or part of a collaborative law process is not privileged. This subsection shall not\napply to a collaborative law communication made by a person that did not receive\nactual notice of the agreement before the communication was made.","path":["KRS Chapter 403"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54901","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:30Z","sha256":"3e152880238a58a0955140fc7d4f389eb10b73335b501c309492cec79dfa32a6","source_id":"us-ky","stale":false,"prev":"us-ky/krs-403.666","next":"us-ky/krs-403.670"},"notice":"GroundRules: Original legal text. Not legal advice."}