COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : AGREEMENT TO THE JUDICIAL SUBPOENA Plaintiff(s) PRINCIPLES AND GUIDELINES -against- COLLABORATIVE LAW © : OF I. : INTRODUCTION : A. ________________________ and ______________________ (the parties) have chosen to use Collaborative Law to Defendant(s) settle their divorce :issues. They have retained . . . . . .lawyers, ____________________ . . . . ______________________who agree to use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and . . . . . . . . . . . . . . . Collaborative Law to assist them in the process. B. The essence of “Collaborative THE PEOPLE OF THE STATE OF NEW YORK Law” is the shared belief of the participants TO that is is in the best interest of parties and their family members to avoid litigation. The process relies on an atmosphere of honesty, cooperation, integrity, and professionalism geared toward the future well-being of the parties and their child/children. C. We are adopting the Collaborative Law process to eliminate the negative GREETINGS: social, and emotional consequences of litigation to the participants and their economic, families. We commit ourselves to the Collaborative Law process and agree to resolve our WE COMMAND differences fairly. YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of II. NO COURT INTERVENTION in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the By choosing the Collaborative Law process, we are committing ourselves to settling the case without court intervention. The parties agree to give complete, full, honest and open disclosure of all information, whether requested or not, and to engage in informal Your failure conferences for the purpose punishable a a contempt all issues. All discussions andto comply with this subpoena isof reachingas settlement of court and will make you liable to the party on whose behalf this subpoena appraisers, for a other consultants retained by all damages sustained as a lawyers, accountants, therapists, was issued and maximum penalty of $50 and the parties result will be directed to work in a cooperative effort to resolve issues without resort to of your failure to comply. litigation. Witness, Honorable Court in County, III. , one of the Justices of the day of , 20 DISQUALIFICATION BY COURT INTERVENTION (Attorney must sign above and type name below) A. The parties understand that their lawyer’s representation is limited to the Attorney(s) for Collaborative La w process. Each lawyer serves as his/her client’s advisor, confidant, counselor, advocate, and negotiator. However, the lawyer cannot represent the client in court, or be named as the client’s lawyer on any document filed with the court other than an agreement ofOffice and P.O. Address the parties, or go to court in person with the client other then to the uncontested divorce. Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : B. Index No. Calendar No. : If a party or a lawyer files a court document (other than the agreement and JUDICIAL SUBPOENA Plaintiff(s) other documents necessary for the uncontested divorce), both lawyers will be -against: disqualified from representing their clients. “Court documents” includes a request for emergency (ex parte) orders. Except upon written agreement of the parties to the contrary, all consultants will be disqualified : witnesses and their work as product will be inadmissible as evidence in the case if it ceases to be a : Collaborative Law case. Defendant(s) : ...................................................... IV. NEGOTIATION IN GOOD FAITH We understand that the OF NEW YORK THE PEOPLE OF THE STATEprocess, even with full and honest disclosure, will involve vigorous good- faith negotiation. Each party will be expected to take reasoned positions in TO all disputes. Where such positions differ, each party will be encouraged to compromise where necessary to reach a settlement of all issues. Although the parties should be informed by their lawyer and consultants about the litigation process and the results it may attain, neither a party or a lawyer may use threats of going to court as a way of GREETINGS:a settlement. forcing V. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before COMMUNICATION , the Honorable at the Court located at County of Written and oral communications will be respectful and constructive. The parties intend in room , on the day of , 20 , at o'clock in the noon, and at any recessed to discuss and explore the interest they have in achieving a mutually agreeable settlement. or adjourned date, to testify and give evidence as a witness in this action on the part of the We agree that communication during settlement meetings will be focused on the economic and parenting issues in the divorce and resolution of those issues. Each will speak freely and express his or her needs, desires, and opinions without criticism or Your failure to comply with otherwise agreed, we (the parties) shall not discuss the judgment by the other. Unlessthis subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a divorce issues outside of the settlement meetings. result of your failure to comply. VI. THE CHILD/CHILDREN Witness, Honorable , one of the Justices of the Court in parties agree to make everyof County, day effort to reach20 , amicable solutions about sharing the The enjoyment of and responsibility for the child/children that promote the child’s/children’s best interests. The parties agree to act quickly to mediate and resolve differences related to the child/children to promote a caring, loving, and involved relationship between the (Attorney must sign above and type name below) child/children and both parents. The parties acknowledge that inappropriate communications regarding their divorce can Attorney(s) for be harmful to their child/children. They agree that settlement issues will not be discussed in the presence of their child/children, or that communication with the child/children regarding these issues will occur only if it is appropriate and done by mutual agreement, or with the advice of a child specialist. The parties agree not to make any changes to the Office and P.O. Address residence of the child/children without first obtaining the written agreement of the other party. Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : VII. CONFIDENTIALITY Plaintiff(s) -against- Calendar No. : JUDICIAL SUBPOENA : All communication exchanged within the Collaborative :Law Process will be confidential and without prejudice. If subsequent litigation occurs, the parties mutually agree: : Defendant(s) : ...................................................... A. That neither party will introduce as evidence in Cour t information disclosed during the Collaborative Law Process for the purpose of reaching a settlement, except documents otherwise compellable by law, including the financial affidavit THE PEOPLE OF THE STATE OF NEW YORK form. TO B. That neither party will introduce as evidence in Court information disclosed GREETINGS: during the Collaborative Law Process concerning either parties’ behavior or legal position regarding settlement; WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed C. That neither party will ask or subpoena either lawyer or any of the or adjourned date, to testify and give evidence as a witness in this action on the part of the consultants to Court to testify in any court proceedings, or with regard to matters disclosed during the Collaborative Law Process; Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result D. your failure to comply. party will require the production at any Court proceedings of of That neither any notes, records, or documents in the lawyer’s possession or in the possession Witness, Honorable of one of the consultants; and Court in County, day of , one of the Justices of the , 20 The parties agree that this agreement on confidentiality applies tosign above and type name below) (Attorney must any subsequent litigation, arbitration, or other process for dispute resolution. Attorney(s) for VIII. RIGHTS AND OBLIGATIONS BEFORE SETTLEMENT Office and P.O. Address Although the parties have agreed to work outside the court system, they agree that: Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : ? Index No. Calendar No. : Neither party will transfer or dispose of any assets unless the parties agree JUDICIAL SUBPOENA Plaintiff(s) in writing -against- : ? Neither party will use any asset as collateral for a loan, unless the parties : agree in writing. ? Neither party shall harass the other party. : Defendant(s) : . . . . . . . . . . . .?. . . . .All. available .insurance . . . . . . . . .will .be. maintained and continued without . . . . . . . . . . . . . . . . . . coverage . . . . . . change in coverage or beneficiary designation. THE PEOPLE OF THE STATE OF NEW YORK TO IX. ENFORCEABILITY OF AGREEMENTS GREETINGS: If the parties require a temporary agreement during the Collaborative Law process, the agreement will be put in writing and signed by the parties and their lawyers. If either WE COMMAND YOU, that all business and excuses the written temporary each of you party withdraws from the Collaborative Law Process, being laid aside, you andagreement attend before , the Honorable at the Court shall be enforceable and may be presented to the Court as a basis for an order, which the located at County of Court may make retroactive to the date of the written agreement. Once the final in room , on the day of , 20 , at o'clock in the noon, and at any recessed agreement is signed, if a party should refuse to honor it, it may be presented to the Court or adjourned date, to testify and give evidence as a witness in this action on the part of the in any subsequent action. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose LIMITATIONS OF COLLABORATIVE LAW PROCESS all damages sustained as a behalf this subpoena was issued for a maximum penalty of $50 and X. result of your failure to comply. Witness, Honorable , one of the Justices of the Court A. in day of 20 In County, the Collaborative Law, process, we understand there is no electing guaranty of success. We further understand we cannot eliminate concerns about the disharmony, distrust, and irreconcilable differences, which have led to the current conflict. While we all are intent on striving to must sign above and type name below) (Attorney reach a cooperative and open solution, actual performance may fall short. Attorney(s) for B. We (the parties) expect to protect our respective interests and will not to lapse into a false sense of security in the expectations each hold about the other. The parties may continue to act in their own best interests, and not in the other Office and P.O. Address party’s interests, in areas which are outside the dispute, such as in changing estate plans and future financial and other activities. Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : XI. PARTICIPATION WITH INTEGRITY : Plaintiff(s) -against- Index No. Calendar No. JUDICIAL SUBPOENA : : As participants in the Collaborative Law process, we are concerned about protecting the privacy, respect, and dignity of all involved, including parties, lawyers, and consultants. : Each participant shall uphold a high standard of integrity, and specifically shall not take advantage of inconsistencies and other miscalculations, : shall disclose them and seek but Defendant(s) . . . . . to. have .them .corrected. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... .... ........ THE PEOPLE OF THE STATE OF NEW YORK XII. EXPERTS AND CONSULTANTS TO We agree that any experts, such as appraisers, shall be hired jointly. (Alternative) In selecting outside help, the parties are encouraged to retain joint experts and consultants. In the event each party retains a separate expert, each shall be directed to follow the spirit GREETINGS: and direction of these Principles and Guidelines, and to collaborate with each other, meet and confer, and, if possible, render joint statements on the issues in dispute. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed XIII. ABUSE OF COLLABORATIVE PROCESS or adjourned date, to testify and give evidence as a witness in this action on the part of the A. Your failure to comply with this subpoena is punishable as a contempt of court and learn Collaborative counsel are encouraged to promptly withdraw if they will make you liable to the party on whose behalf this has withheld or misrepresented information or$50 and all damages sustained as a that their client subpoena was issued for a maximum penalty of otherwise acted so result of your as to undermine or take unfair advantage of the Collaborative Law process. Such failure to comply. actions may include violation of the “Rights and Obligations Before Settlement” Witness, Honorable , one of the Justices of the set out in paragraph VIII above, failure to disclose the existence or the true nature Court in County, day of , 20 of assets and/or obligations, on-going emotional or physical abuse of the minor child/children of the parties, or withholding a secret plan or intention to change the residence of the child/children without agreement. (Attorney must sign above and type name below) B. We understand that the sanctions againstAttorney(s) forabuse the lawyers who Collaborative Law process, or condone or encourage such abuse by their clients, include the diminution of that lawyer’s reputation in the legal community, including the domestic relations masters and judges. Office and P.O. Address XIV. WITHDRAWAL OF COUNSEL Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Plaintiff(s) A. Calendar No. : JUDICIAL SUBPOENA -against: If a lawyer decides to withdraw from the case for any reason, he/she agrees to do so immediately by a written notice of withdrawal to all parties and their lawyers. This may be done without terminating : status of the case as a the Collaborative Law case. : Defendant(s) : ...................................................... B. The party losing his or her lawyer may retain a new lawyer who will agree in writing to be bound by this agreement, or may continue in the Collaborative Law process without an attorney. THE PEOPLE OF THE STATE OF NEW YORK TO XV. ELECTION TO TERMINATE COLLABORATIVE PROCESS GREETINGS: If a WE COMMANDdecides that the Collaborative lawbeing laidis no longer appropriate, attend before party or lawyer YOU, that all business and excuses process aside, you and each of you , the Honorable at the Court and elects to terminate the Collaborative Law process, he or she shall do so immediately located at County of with written notice to all parties and their attorneys. in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the XVI. SELECTION OF NEW ATTORNEY; ADDITIONAL FEES Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. If the case is no longer proceeding as a Collaborative Law matter, the lawyers agree to Witness, Honorable , one of the Justices of the aid their respective clients in the selection of a new lawyer. The parties understand that if Court the case is no longer proceeding of a Collaborative Law matter, the costs of retaining a in County, day as , 20 new lawyer may equal to or exceed that paid to his or her current lawyer. (Attorney must sign above and type name below) XVII. PLEDGE Attorney(s) for Both parties and their lawyers acknowledge that they have read this Agreement, understand its terms and conditions, and agree to abide by them.P.O. Address have chosen Office and The parties the Collaborative Law Process to reduce emotional and financial costs, and to generate a final agreement that addresses their concerns. They agree to work in good faith to achieve these goals. Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Plaintiff(s) Calendar No. : JUDICIAL SUBPOENA -against: All parties and lawyers hereby pledge to comply with and to promote both the spirit and written word of this document. : __________________________ Party Party ______________________ : Defendant(s) : . . . . . ___________________________ . . . . . . . . . . ______________________ ............................. .......... Counsel Counsel ___________ THE PEOPLE OF THE STATE OF NEW YORK Date __________ Date TO GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com