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OK SB1792

Bill

Status

Engrossed

3/14/2012

Primary Sponsor

Fred Jordan

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Origin

Senate

2012 Regular Session

AI Summary

  • Creates the "Asbestos Claims Transparency Act" requiring claimants in asbestos tort actions to disclose all existing asbestos trust claims within 30 days of filing suit, under penalty of perjury

  • Requires claimants to provide "trust claims material" (documentation related to asbestos trust claims) to all parties in the litigation and to update disclosures within 30 days if additional trust claims are filed

  • Allows defendants to file motions to stay proceedings if they present credible evidence of undisclosed asbestos trusts the claimant may have claims against; claimants have 15 days to either file the trust claims or respond challenging the defendant's motion

  • Makes asbestos trust claims and related materials presumed authentic, relevant, and discoverable in litigation; parties may introduce trust claims materials as evidence at trial unless excluded by rules of evidence

  • Permits courts to impose sanctions including judgment vacation for claimants' failure to comply with disclosure requirements; permits reopening of judgments if claimants file additional asbestos trust claims after obtaining a verdict

Legislative Description

Asbestos tort actions; creating the Asbestos Claim Transparency Act; establishing procedures. Effective date.

Civil and Criminal Procedure and Courts

Last Action

Second Reading referred to Judiciary

3/19/2012

Committee Referrals

Judiciary2/7/2012

Full Bill Text

No bill text available