{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-3319","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-3319","heading":"Limits of privilege","body":"LIMITS OF PRIVILEGE.\n\nA. There is no privilege under Section 17 of this act for a\n\ncollaborative law communication that is:\n\n1. Available to the public under the Oklahoma Open Records Act\n\nor made during a session of a collaborative law process that is\n\nopen, or is required by law to be open, to the public;\n\n2. A threat or statement of a plan to inflict bodily injury or\n\ncommit a crime of violence;\n\n3. Intentionally used to plan a crime, commit or attempt to\n\ncommit a crime, or conceal an ongoing crime or ongoing criminal\n\nactivity; or\n\n4. In an agreement resulting from the collaborative law\n\nprocess, evidenced by a record signed by all parties to the\n\nagreement.\n\nB. The privileges under Section 17 of this act for a\n\ncollaborative law communication do not apply to the extent that a\n\ncommunication is:\n\n1. Sought or offered to prove or disprove a claim or complaint\n\nof professional misconduct or malpractice arising from or related to\n\na collaborative law process; or\n\n2. Sought or offered to prove or disprove abuse, neglect,\n\nabandonment, or exploitation of a child or adult, unless the\n\nDepartment of Human Services is a party to or otherwise participates\n\nin the process.\n\nC. There is no privilege under Section 17 of this act if a\n\ntribunal finds, after a hearing in camera, that the party seeking\n\ndiscovery or the proponent of the evidence has shown the evidence is\n\nnot otherwise available, the need for the evidence substantially\n\noutweighs the interest in protecting confidentiality, and the\n\ncollaborative law communication is sought or offered in:\n\n1. A court proceeding involving a felony or misdemeanor; or\n\n2. A proceeding seeking rescission or reformation of a contract\n\narising out of the collaborative law process or in which a defense\n\nto avoid liability on the contract is asserted.\n\nD. If a collaborative law communication is subject to an\n\nexception under subsection B or C of this section, only the part of\n\nthe communication necessary for the application of the exception may\n\nbe disclosed or admitted.\n\nE. Disclosure or admission of evidence excepted from the\n\nprivilege under subsection B or C of this section does not make the\n\nevidence or any other collaborative law communication discoverable\n\nor admissible for any other purpose.\n\nF. The privileges under Section 17 of this act do not apply if\n\nthe parties agree in advance in a signed record, or if a record of a\n\nproceeding reflects agreement by the parties, that all or part of a\n\ncollaborative law process is not privileged. This subsection does\n\nnot apply to a collaborative law communication made by a person that\n\ndid not receive actual notice of the agreement before the\n\ncommunication was made.","path":["OK Code","Title 12"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"3f4801e805c40956eda8b9e694c882a71272c8705fcaa297dfe3f6b6f263a575","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-3318","next":"us-ok/okla.-stat.-tit.-12-12-3320"},"notice":"GroundRules: Original legal text. Not legal advice."}