Limits of privilege

A. There is no privilege in accordance with R.S. 9:377.16 for a collaborative family law communication that is any of the following: (1) Available to the public in accordance with R.S. 44:1 et seq. or made during a session of a collaborative family law process that is open, or is required by law to be open, to the public. (2) A threat or statement of a plan to inflict bodily injury or commit a crime of violence. (3) Intentionally used to plan a crime, commit or attempt to commit a crime, or conceal an ongoing crime or ongoing criminal activity. (4) In an agreement resulting from the collaborative family law process, evidenced by a record signed by all parties to the agreement. B. The privileges in accordance with R.S. 9:377.16 for a collaborative family law communication do not apply to the extent that a communication is any of the following: (1) Sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice arising from or related to a collaborative family law process. (2) Sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation of a child or adult, unless the Department of Children and Family Services is a party to or otherwise participates in the process. C. There is no privilege in accordance with R.S. 9:377.16 if a tribunal finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown that the evidence is not otherwise available, the need for the evidence substantially outweighs the interest in protecting confidentiality, and the collaborative family law communication is sought or offered in: (1) A court proceeding involving a felony or misdemeanor. (2) A proceeding seeking rescission or reformation of a contract arising out of the collaborative family law process or in which a defense to avoid liability on the contract is asserted. D. If a collaborative family law communication is subject to an exception in accordance with Subsection B or C of this Section, only the part of the communication necessary for the application of the exception may be disclosed or admitted. E. Disclosure or admission of evidence excepted from the privilege in accordance with Subsection B or C of this Section does not make the evidence or any other collaborative family law communication discoverable or admissible for any other purpose. F. The privileges in accordance with R.S. 9:377.16 do not apply if the parties agree in advance in a signed record, or if a record of a proceeding reflects agreement by the parties, that all or part of a collaborative family law process is not privileged. This Subsection does not apply to a collaborative family law communication made by a person who did not receive actual notice of the agreement before the communication was made.