78B-6-2405. Required disclosures by plaintiff in asbestos action within 120 days of trial.

434 words·~2 min read·/ut/title-78b/chapter-6/78b-6-2405

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

Effective 5/3/2023

(1)For each asbestos action filed in this state, the plaintiff shall provide all parties with a sworn declaration identifying all asbestos trust claims that have been filed by the plaintiff or by anyone on the plaintiff's behalf, including claims with respect to asbestos-related conditions other than those that are the basis for the asbestos action or that potentially could be filed by the plaintiff against an asbestos trust.

(2)The sworn declaration shall be provided no later than 120 days prior to the date set for trial for the asbestos action.

(3)For each asbestos trust claim or potential asbestos trust claim identified in the sworn declaration, the sworn declaration shall include:

(a)the name, address and contact information for the asbestos trust;

(b)the amount claimed or to be claimed by the plaintiff;

(c)the date the plaintiff filed the claim;

(d)the disposition of the claim; and

(e)whether there has been a request to defer, delay, suspend, or toll the claim.

(4)The sworn declaration shall include an attestation from the plaintiff, under penalties of perjury, that the sworn declaration is complete and based on a good faith investigation of all potential claims against asbestos trusts.

(5)The plaintiff shall make available to all parties all trust claims materials for each asbestos trust claim that has been filed by the plaintiff or by anyone on the plaintiff's behalf against an asbestos trust, including any asbestos-related disease.

(6)The plaintiff shall supplement the information and materials provided pursuant to this section within 90 days after the day on which the plaintiff files an additional asbestos trust claim, supplements an existing asbestos trust claim, or receives additional information or materials related to any claim or potential claim against an asbestos trust.

(7)Failure by the plaintiff to make available to all parties all trust claims materials as required by this part shall constitute grounds for the court to extend the trial date in an asbestos action.

(a)A court shall stay an asbestos action if the court finds that the plaintiff has failed to make the disclosures required by this section within the time period described in Subsection

(2).

(b)If a plaintiff identifies a potential asbestos trust claim in the disclosures required by this section, the court may stay the asbestos action until the plaintiff files the asbestos trust claim and provides all parties with all trust claims materials for the asbestos trust claim.

Renumbered and Amended by Chapter 80 , 2023 General Session