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Agreement To Principles And Guidelines Of Collaborative Law Form. This is a Wyoming form and can be use in Miscellaneous Statewide.
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Tags: Agreement To Principles And Guidelines Of Collaborative Law, Wyoming Statewide, Miscellaneous
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Index No.
Calendar No.
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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
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B.
Index No.
Calendar No.
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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
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Index No.
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VII.
CONFIDENTIALITY
Plaintiff(s)
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Calendar No.
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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)
:
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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
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Neither party will transfer or dispose of any assets unless the parties agree
JUDICIAL SUBPOENA
Plaintiff(s)
in writing
-against-
:
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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
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XI.
PARTICIPATION WITH INTEGRITY :
Plaintiff(s)
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Index No.
Calendar No.
JUDICIAL SUBPOENA
:
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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
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Index No.
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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)
:
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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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Index No.
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Plaintiff(s)
Calendar No.
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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