Rule 1-128. Uniform collaborative law rules; short title; definitions; applicability.

A. Short title. Rules 1-128 to 1-128.13 NMRA may be cited as the Uniform Collaborative Law Rules. B. Definitions. The following definitions shall apply in these rules: (1) “Collaborative law communication” means a statement, whether oral or in a record, or verbal or nonverbal, that, (a) is made to conduct, participate in, continue, or reconvene a collaborative law process; and (b) occurs after the parties sign a collaborative law participation agreement and before the collaborative law process is concluded. (2) “Collaborative law participation agreement” means an agreement by persons to participate in a collaborative law process. (3) “Collaborative law process” means a procedure intended to resolve a collaborative matter without intervention by a tribunal in which persons, (a) sign a collaborative law participation agreement; and (b) are represented by collaborative lawyers. (4) “Collaborative lawyer” means a lawyer who represents a party in a collaborative law process. (5) “Collaborative matter” means a dispute, transaction, claim, problem, or issue for resolution, including a dispute, claim, or issue in a proceeding, which is described in a collaborative law participation agreement and arises under Chapter 40 NMSA 1978, including, (a) marriage, divorce, dissolution, annulment, and property distribution; (b) child custody, visitation, and parenting time; (c) alimony, maintenance, and child support; (d) adoption; (e) parentage; and (f) premarital, marital, and post-marital agreements. (6) “Law firm” means, (a) lawyers who practice law together in a partnership, professional corporation, sole proprietorship, limited liability company, or association; and (b) lawyers employed in a legal services organization, or the legal department of a corporation or other organization, or the legal department of a government or governmental subdivision or agency. (7) “Nonparty participant” means a person, other than a party and the party’s collaborative lawyer, who participates in a collaborative law process. (8) “Party” means a person who signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter. (9) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision or agency, or any other legal or commercial entity. (10) “Proceeding” means a judicial, administrative, arbitral, or other adjudicative process before a tribunal, including related prehearing and post-hearing motions, conferences, and discovery. (11) “Prospective party” means a person who discusses with a prospective collaborative lawyer the possibility of signing a collaborative law participation agreement. (12) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (13) “Related to a collaborative matter” means involving the same parties, transaction or occurrence, nucleus of operative fact, dispute, claim, or issue as the collaborative matter. (14) “Sign” means to create a signature in accordance with Rule 1-011(A) NMRA. (15) “Tribunal” means a court, arbitrator, administrative agency, or other body acting in an adjudicative capacity that, after presentation of evidence or legal argument, has jurisdiction to render a decision affecting a party’s interests in a matter. C. Applicability. These rules apply to a collaborative law participation agreement that meets the requirements of Rule 1-128.1 NMRA.