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AL · rules

Ala. R. Privilege Collaborative L. Prac. 3

Waiver and Preclusion of Privilege

activein force · 2026-04-16 – presentact-effective-date

(a) A privilege under Rule 2 may be waived in a "record" or orally during a

proceeding if it is expressly waived by all parties and, in the case of the privilege of a

nonparty participant, it is also expressly waived by the nonparty participant.

(b) A person who makes a disclosure or representation about a collaborative

law communication that prejudices another person in a proceeding may not assert a

privilege under Rule 2, but this preclusion applies only to the extent necessary for the

person prejudiced to respond to the disclosure or representation.

History

[Adopted 2-9- 2015.] Alabama Committee Comment This rule is substantively identical to Section/Rule 18 of the Uniform Collaborative Law Act/Rules. This rule establishes the requirements that must be met for a waiver of a privilege under Rule 2 of the Alabama Rules of Privilege in Collaborative Law Practice. Note from the reporter of decisions: The order adopting the Alabama Rules of Privilege in Collaborative Law Practice, including the Alabama Committee Comments, effective February 9, 2015, is published in that volume of Alabama Reporter that contains Alabama cases from ___ So. 3d.

Provenance

Source
judicial.alabama.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
f493a21272e3679ea3cacabea4200352b599dc85df2fe40223dcf731088655e9
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