{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/20-184.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/20-184.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/20-184.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/20-184.html"}],"law_id":353628,"edition_id":2,"section_id":353628,"structure_id":50634,"section_number":"20-184","catch_line":"Limits of privilege","history":"2021, Sp. Sess. I, c. 346.","full_text":"A\n\nThere is no privilege under \u00a7 20-182 for a collaborative law communication that is:\n\n1\n\nAvailable to the public;\n\n2\n\nA threat or statement of a plan to inflict bodily injury or commit a crime of violence;\n\n3\n\nIntentionally used to plan a crime, commit or attempt to commit a crime, or conceal an ongoing crime or ongoing criminal activity; or\n\n4\n\nIn an agreement resulting from the collaborative law process, evidenced by a record signed by all parties to the agreement.\n\nB\n\nThe privileges under \u00a7 20-182 for a collaborative law communication do not apply to the extent that a communication is:\n\n1\n\nSought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice arising from or related to a collaborative law process; or\n\n2\n\nSought or offered to prove or disprove abuse, neglect, abandonment, or exploitation of a child or adult, unless the child protective services or adult protective services unit of the local department of social services is a party to or otherwise participates in the process.\n\nC\n\nThere is no privilege under § 20-182 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 law communication is sought or offered in (i) a court proceeding involving a felony or misdemeanor or (ii) a proceeding seeking rescission or reformation of a contract arising out of the collaborative law process or in which a defense to avoid liability on the contract is asserted.\n\nD\n\nIf a collaborative law communication is subject to an exception under subsection B or C, only the part of the communication necessary for the application of the exception may be disclosed or admitted.\n\nE\n\nDisclosure or admission of evidence excepted from the privilege under subsection B or C does not make the evidence or any other collaborative law communication discoverable or admissible for any other purpose.\n\nF\n\nThe privileges under § 20-182 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 law process is not privileged. This subsection does not apply to a collaborative law communication made by a person who did not receive actual notice of the agreement that all or part of a collaborative law process is not privileged before the communication was made.\n\n","order_by":null,"text":{"0":{"id":1317502,"text":"There is no privilege under \u00a7 20-182 for a collaborative law communication that is:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":1317503,"text":"Available to the public;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":1317504,"text":"A threat or statement of a plan to inflict bodily injury or commit a crime of violence;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":1317505,"text":"Intentionally used to plan a crime, commit or attempt to commit a crime, or conceal an ongoing crime or ongoing criminal activity; or","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":1317506,"text":"In an agreement resulting from the collaborative law process, evidenced by a record signed by all parties to the agreement.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":1317507,"text":"The privileges under \u00a7 20-182 for a collaborative law communication do not apply to the extent that a communication is:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"B1"},"6":{"id":1317508,"text":"Sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice arising from or related to a collaborative law process; or","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"7":{"id":1317509,"text":"Sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation of a child or adult, unless the child protective services or adult protective services unit of the local department of social services is a party to or otherwise participates in the process.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"8":{"id":1317510,"text":"There is no privilege under § 20-182 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 law communication is sought or offered in (i) a court proceeding involving a felony or misdemeanor or (ii) a proceeding seeking rescission or reformation of a contract arising out of the collaborative law process or in which a defense to avoid liability on the contract is asserted.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"D"},"9":{"id":1317511,"text":"If a collaborative law communication is subject to an exception under subsection B or C, only the part of the communication necessary for the application of the exception may be disclosed or admitted.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"10":{"id":1317512,"text":"Disclosure or admission of evidence excepted from the privilege under subsection B or C does not make the evidence or any other collaborative law communication discoverable or admissible for any other purpose.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"11":{"id":1317513,"text":"The privileges under § 20-182 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 law process is not privileged. This subsection does not apply to a collaborative law communication made by a person who did not receive actual notice of the agreement that all or part of a collaborative law process is not privileged before the communication was made.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":50634,"edition_id":2,"name":"Uniform Collaborative Law Act","identifier":"11","label":"chapter","depth":2,"order_by":13,"parent_id":50619,"metadata":{"child_laws":20,"child_structures":0},"date_created":"2026-08-02 02:30:24","date_modified":"2026-08-02 12:30:53","permalink":{"id":1405095,"object_type":"structure","relational_id":50634,"identifier":"11","token":"20\/11","url":"\/20\/11\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50619,"edition_id":2,"name":"Domestic Relations","identifier":"20","label":"title","depth":1,"order_by":56,"parent_id":null,"metadata":{"child_laws":329,"child_structures":36},"date_created":"2026-08-02 02:30:08","date_modified":"2026-08-02 12:30:49","permalink":{"id":1405077,"object_type":"structure","relational_id":50619,"identifier":"20","token":"20","url":"\/20\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":353611,"structure_id":50634,"section_number":"20-168","catch_line":"Definitions","url":"\/20-168\/","token":"20\/11\/20-168","metadata":false},{"id":353612,"structure_id":50634,"section_number":"20-169","catch_line":"Applicability","url":"\/20-169\/","token":"20\/11\/20-169","metadata":false},{"id":353614,"structure_id":50634,"section_number":"20-170","catch_line":"Collaborative law participation agreement; requirements","url":"\/20-170\/","token":"20\/11\/20-170","metadata":false},{"id":353615,"structure_id":50634,"section_number":"20-171","catch_line":"Beginning and concluding collaborative law process","url":"\/20-171\/","token":"20\/11\/20-171","metadata":false},{"id":353616,"structure_id":50634,"section_number":"20-172","catch_line":"Proceedings pending before tribunal; status report","url":"\/20-172\/","token":"20\/11\/20-172","metadata":false},{"id":353617,"structure_id":50634,"section_number":"20-173","catch_line":"Emergency order","url":"\/20-173\/","token":"20\/11\/20-173","metadata":false},{"id":353618,"structure_id":50634,"section_number":"20-174","catch_line":"Affirmation of agreement by tribunal","url":"\/20-174\/","token":"20\/11\/20-174","metadata":false},{"id":353619,"structure_id":50634,"section_number":"20-175","catch_line":"Disqualification of collaborative lawyer and lawyers in associated law firm; exception","url":"\/20-175\/","token":"20\/11\/20-175","metadata":false},{"id":353620,"structure_id":50634,"section_number":"20-176","catch_line":"Low-income parties; exception from imputed disqualification","url":"\/20-176\/","token":"20\/11\/20-176","metadata":false},{"id":353621,"structure_id":50634,"section_number":"20-177","catch_line":"Disclosure of information","url":"\/20-177\/","token":"20\/11\/20-177","metadata":false},{"id":353622,"structure_id":50634,"section_number":"20-178","catch_line":"Standards of professional responsibility and mandatory reporting not affected","url":"\/20-178\/","token":"20\/11\/20-178","metadata":false},{"id":353623,"structure_id":50634,"section_number":"20-179","catch_line":"Appropriateness of collaborative law process","url":"\/20-179\/","token":"20\/11\/20-179","metadata":false},{"id":353624,"structure_id":50634,"section_number":"20-180","catch_line":"History of family abuse","url":"\/20-180\/","token":"20\/11\/20-180","metadata":false},{"id":353625,"structure_id":50634,"section_number":"20-181","catch_line":"Confidentiality of collaborative law communication","url":"\/20-181\/","token":"20\/11\/20-181","metadata":false},{"id":353626,"structure_id":50634,"section_number":"20-182","catch_line":"Privilege against disclosure of collaborative law communication; admissibility; discovery","url":"\/20-182\/","token":"20\/11\/20-182","metadata":false},{"id":353627,"structure_id":50634,"section_number":"20-183","catch_line":"Waiver and preclusion of privilege","url":"\/20-183\/","token":"20\/11\/20-183","metadata":false},{"id":353628,"structure_id":50634,"section_number":"20-184","catch_line":"Limits of privilege","url":"\/20-184\/","token":"20\/11\/20-184","metadata":false},{"id":353629,"structure_id":50634,"section_number":"20-185","catch_line":"Authority of tribunal in case of noncompliance","url":"\/20-185\/","token":"20\/11\/20-185","metadata":false},{"id":353630,"structure_id":50634,"section_number":"20-186","catch_line":"Uniformity of application and construction","url":"\/20-186\/","token":"20\/11\/20-186","metadata":false},{"id":353631,"structure_id":50634,"section_number":"20-187","catch_line":"Relation to Electronic Signatures in Global and National Commerce Act","url":"\/20-187\/","token":"20\/11\/20-187","metadata":false}],"previous_section":{"id":353627,"structure_id":50634,"section_number":"20-183","catch_line":"Waiver and preclusion of privilege","url":"\/20-183\/","token":"20\/11\/20-183","metadata":false},"next_section":{"id":353629,"structure_id":50634,"section_number":"20-185","catch_line":"Authority of tribunal in case of noncompliance","url":"\/20-185\/","token":"20\/11\/20-185","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-184\/","history_text":false,"references":[{"id":353626,"section_number":"20-182","catch_line":"Privilege against disclosure of collaborative law communication; admissibility; discovery","order_by":null,"url":"\/20-182\/"}],"refers_to":[{"id":353626,"section_number":"20-182","catch_line":"Privilege against disclosure of collaborative law communication; admissibility; discovery","order_by":null,"url":"\/20-182\/"}],"permalink":{"id":1405161,"object_type":"law","relational_id":353628,"identifier":"20-184","token":"20\/11\/20-184","url":"\/20-184\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/20-184\/","token":"20\/11\/20-184","dublin_core":{"Title":"Limits of privilege","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-184","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> There is no privilege<\/span> under \u00a7 20-182<\/a> for a collaborative law communication<\/span> that is: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Available to the public; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A threat or statement of a plan to inflict bodily injury or commit a crime<\/span> of violence; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Intentionally used to plan a crime<\/span>, commit or attempt to commit a crime<\/span>, or conceal an ongoing crime<\/span> or ongoing criminal activity; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> In an agreement resulting from the collaborative law process<\/span>, evidenced by a record<\/span> signed by all parties to the agreement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The privileges<\/span> under \u00a7 20-182<\/a> for a collaborative law communication<\/span> do not apply to the extent that a communication is: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice arising from or related to a collaborative law process<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation of a child or adult, unless the child protective services or adult protective services unit of the local department of social services is a party<\/span> to or otherwise participates in the process. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> There is no privilege<\/span> under § 20-182<\/a> if a tribunal<\/span> finds, after a hearing<\/span> in camera<\/span>, that the party<\/span> seeking discovery<\/span> or the proponent of the evidence<\/span> has shown that the evidence<\/span> is not otherwise available, the need for the evidence<\/span> substantially outweighs the interest in protecting confidentiality, and the collaborative law communication<\/span> is sought or offered in (i) a court<\/span> proceeding<\/span> involving a felony<\/span> or misdemeanor<\/span> or (ii) a proceeding<\/span> seeking rescission or reformation of a contract<\/span> arising out of the collaborative law process<\/span> or in which a defense to avoid liability on the contract<\/span> is asserted. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If a collaborative law communication<\/span> is subject to an exception under subsection B or C, only the part of the communication necessary for the application of the exception may be disclosed or admitted. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Disclosure or admission of evidence<\/span> excepted from the privilege<\/span> under subsection B or C does not make the evidence<\/span> or any other collaborative law communication<\/span> discoverable or admissible<\/span> for any other purpose. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The privileges<\/span> under § 20-182<\/a> do not apply if the parties agree in advance in a signed record<\/span>, or if a record<\/span> of a proceeding<\/span> reflects agreement by the parties, that all or part of a collaborative law process<\/span> is not privileged. This subsection does not apply to a collaborative law communication<\/span> made by a person who did not receive actual notice of the agreement that all or part of a collaborative law process<\/span> is not privileged before the communication was made. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIMITS OF PRIVILEGE (\u00a7 20-184)\n\nA. There is no privilege under \u00a7 20-182 for a collaborative law communication\nthat is:\n\n 1. Available to the public;\n\n 2. A threat or statement of a plan to inflict bodily injury or commit a crime\n of violence;\n\n 3. Intentionally used to plan a crime, commit or attempt to commit a crime, or\n conceal an ongoing crime or ongoing criminal activity; or\n\n 4. In an agreement resulting from the collaborative law process, evidenced by\n a record signed by all parties to the agreement.\n\nB. The privileges under \u00a7 20-182 for a collaborative law communication do not\napply to the extent that a communication is:\n\n 1. Sought or offered to prove or disprove a claim or complaint of professional\n misconduct or malpractice arising from or related to a collaborative law\n process; or\n\n 2. Sought or offered to prove or disprove abuse, neglect, abandonment, or\n exploitation of a child or adult, unless the child protective services or\n adult protective services unit of the local department of social services is a\n party to or otherwise participates in the process.\n\nC. There is no privilege under § 20-182 if a tribunal finds, after a\nhearing in camera, that the party seeking discovery or the proponent of the\nevidence has shown that the evidence is not otherwise available, the need for\nthe evidence substantially outweighs the interest in protecting confidentiality,\nand the collaborative law communication is sought or offered in (i) a court\nproceeding involving a felony or misdemeanor or (ii) a proceeding seeking\nrescission or reformation of a contract arising out of the collaborative law\nprocess or in which a defense to avoid liability on the contract is asserted.\n\nD. If a collaborative law communication is subject to an exception under\nsubsection B or C, only the part of the communication necessary for the\napplication of the exception may be disclosed or admitted.\n\nE. Disclosure or admission of evidence excepted from the privilege under\nsubsection B or C does not make the evidence or any other collaborative law\ncommunication discoverable or admissible for any other purpose.\n\nF. The privileges under § 20-182 do not apply if the parties agree in\nadvance in a signed record, or if a record of a proceeding reflects agreement by\nthe parties, that all or part of a collaborative law process is not privileged.\nThis subsection does not apply to a collaborative law communication made by a\nperson who did not receive actual notice of the agreement that all or part of a\ncollaborative law process is not privileged before the communication was made.\n\nHISTORY: 2021, Sp. Sess. I, c. 346.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}