HB 1197 Summary

• Creates a new chapter in North Dakota Century Code requiring plaintiffs in asbestos actions to disclose all asbestos trust claims within 30 days of filing suit, including sworn statements that investigations have been conducted and all possible claims have been filed.

• Mandates plaintiffs provide defendants with all trust claims materials, including medical records, claim forms, depositions, and settlement documents related to asbestos exposure claims.

• Permits defendants to file motions requesting stays of proceedings if they identify additional asbestos trusts the plaintiff has not claimed from, with the plaintiff having 10 days to file the claims or provide written response to the court.

• Makes trust claims materials and trust governance documents presumed relevant, authentic, and admissible in evidence without privilege protections, and allows defendants discovery access to asbestos trust information.

• Establishes sanctions available to courts and allows adjustment of judgments by one year post-verdict if plaintiffs file asbestos trust claims after obtaining judgment for trusts that existed at the time of judgment.