Loading chat...
MO HB1342
Bill
Status
4/23/2012
Primary Sponsor
Jason Smith
Click for details
AI Summary
-
Adds six new sections (511.800-511.810) to Missouri law establishing a structured settlement offer procedure for monetary claims that allows parties to recover litigation costs if offers are rejected and judgments are significantly less favorable.
-
Requires settlement offers to be made in writing, state they are made under this statute, identify settlement terms, set a deadline for acceptance (minimum 60 days), and be served on all parties; offers cannot be made until 45 days before trial or within 60 days before trial except in response to prior offers.
-
Allows the offering party to recover litigation costs (court costs, reasonable fees for up to two expert witnesses, and reasonable attorney fees) incurred after rejection if the judgment is significantly less favorable—defined as less than 50% of the offer for claimants or more than 150% of the offer for defendants.
-
Exempts class actions, shareholder derivative actions, governmental unit actions, family law cases (chapters 210-211), corporate law cases (chapters 451-455), workers' compensation claims (chapter 287), and small claims court actions from these settlement procedures.
-
Requires parties to file a declaration invoking this procedure before making settlement offers under it; allows discovery and court hearings on litigation cost awards; and prohibits settlement offer evidence from being disclosed to juries except for enforcing settlements or awarding costs.
Legislative Description
Changes the laws regarding the recovery of costs and attorney fees by the prevailing defendant in a civil action
Last Action
Second Read and Referred: Judiciary and Civil and Criminal Jurisprudence (S)
4/26/2012