MT HB302

Requires parties seeking to add punitive damages claims to submit mandatory affidavits and supporting documentation (changed from optional "may" to required "shall")

Allows either party to request an evidentiary hearing with live testimony and cross-examination before the court rules on a motion to amend pleadings to include punitive damages

Requires the court to make specific findings of fact based solely on hearing evidence as to whether admissible evidence establishes a triable issue on all elements of a punitive damages claim

Mandates the evidentiary hearing be held prior to the close of discovery; if no hearing is requested, the court may rule based on submitted written materials alone

Amends Section 27-1-221, MCA, governing punitive damages liability, proof requirements, and award procedures