CIV PRO-ASBESTOS TORT ACTIONS
Summary
Amends the Code of Civil Procedure. Provides that asbestos trust claims are presumed to be authentic, relevant to, and discoverable in an asbestos tort action, and that notwithstanding any agreement or confidentiality provision, trust claims material are presumed to be not privileged. Provides that within 30 days after the commencement of discovery in an asbestos tort action that is not otherwise barred or deferred under applicable law or within 30 days of the effective date of this Section with respect to an asbestos tort action that is pending on that effective date and in which discovery has commenced, a claimant shall provide to all of the parties in the action a sworn statement by the claimant, under penalty of perjury, identifying all existing asbestos trust claims made by or on behalf of the claimant and all trust claims material pertaining to each identified asbestos trust claim. Provides that the statement shall disclose certain facts. Provides that the submission of the sworn statement shall be in addition to any disclosure requirements otherwise imposed by law, civil rule, court order or ruling, applicable agreement or stipulation, local rule, or case management order. Contains requirements concerning updating of the sworn statement. Provides sanctions for noncompliance with the new provisions. Defines terms.
Bill status
failed
1 of 4 stages cleared
Introduction
Jan 2013
Committee Review
Floor Vote
Governor
Introduced Jan 11, 2013
Last action Dec 3, 2014
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
7
Key actions
0
Committee
4
Dec 3, 2014
House · Failed
Session Sine Die
Mar 22, 2013
House · Referred to committee
Rule 19(a) / Re-referred to Rules Committee
Mar 14, 2013
House · Reported by committee
To General Law Subcommittee
Jan 30, 2013
House · Referred to committee
Assigned to Judiciary
Jan 14, 2013
House · Referred to committee
Referred to Rules Committee
0 primary · 1 co-sponsor
Sponsors
Role
Legislator
Party
State
District
Co
Dwight Kay
RRepublican
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