78B-6-2402. Required disclosures by plaintiff within 21 days of filing asbestos action.

374 words·~2 min read·/ut/title-78b/chapter-6/78b-6-2402

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/3/2023

(1)Within 21 days after the day on which the first answer is filed in response to the plaintiff's complaint in an asbestos action, the plaintiff shall provide all parties with a sworn declaration stating the evidence providing the basis for each claim against each defendant, including:

(a)the name, address, date of birth, marital status, occupation, smoking history, and current and past employers and worksites of the exposed individual;

(b)the name and address of each individual who is knowledgeable about each exposure to asbestos and the exposed individual's relationship to that individual;

(c)the manufacturer or seller and the specific name of each asbestos-containing product, including any brand or trade name of that product, to which the exposed individual was exposed to asbestos or the other individual was exposed to asbestos if the exposed individual's exposure to asbestos was through another individual;

(d)the specific sites and the location at the sites that establish the direct connection between the exposed individual, or the other individual if the exposed individual's exposure to asbestos was through another individual, and each defendant;

(e)the beginning and ending dates of each exposure and the frequency of each exposure for the exposed individual or the other individual if the exposed individual's exposure to asbestos was through another individual;

(f)the condition that is alleged to have been caused by exposure to asbestos; and

(g)any supporting documentation relating to the information required under this Subsection

(1).

(2)The sworn declaration under Subsection

(1)is in addition to the disclosures required under Sections 78B-6-2403 and 78B-6-2405 .

(3)Except as provided in Subsection

(4), on a motion by a defendant in an asbestos action, the court shall dismiss a plaintiff's asbestos claim without prejudice:

(a)against a defendant if the defendant's asbestos-containing product or site is not specifically identified in the sworn declaration under Subsection

(1); or

(b)against all defendants if the plaintiff fails to comply with Subsection

(1).

(4)The court may not dismiss a plaintiff's asbestos claim under Subsection

(3)upon a showing of good cause by the plaintiff.

Enacted by Chapter 80 , 2023 General Session