Iowa Code 686A.4 – Identification of additional or alternative asbestos trusts by defendant
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Terms Used In Iowa Code 686A.4
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
686A.4 Identification of additional or alternative asbestos trusts by defendant.
1. A defendant may file a motion requesting a stay of the proceedings on or before the
later of the sixtieth day before the date trial in the action is set to commence or the fifteenth day after the defendant first obtains information that could support additional trust claims by the plaintiff. The motion shall identify the asbestos trust claims the defendant believes the plaintiff can file and include information supporting the asbestos trust claims.
2. Within ten days of receiving the defendant’s motion, the plaintiff shall do one of the following:
a. File the asbestos trust claims.
b. File a written response with the court stating the reason there is insufficient evidence for the plaintiff to file the asbestos trust claims.
c. File a written response with the court requesting a determination that the cost to file the asbestos trust claims exceeds the plaintiff’s reasonably anticipated recovery.
3. a. If the court determines that there is a sufficient basis for the plaintiff to file an asbestos trust claim identified in the motion to stay, the court shall stay the asbestos action until the plaintiff files the asbestos trust claim and produces all related trust claims materials. b. If the court determines that the cost of submitting an asbestos trust claim exceeds the plaintiff’s reasonably anticipated recovery, the court shall stay the asbestos action until the plaintiff files with the court and provides all parties with a verified statement of the plaintiff’s
history of exposure, usage, or other connection to asbestos covered by that asbestos trust.
4. An asbestos action shall not be set for trial until at least sixty days after the plaintiff provides the documentation required by this section.
2017 Acts, ch 11, §4
1. A defendant may file a motion requesting a stay of the proceedings on or before the
later of the sixtieth day before the date trial in the action is set to commence or the fifteenth day after the defendant first obtains information that could support additional trust claims by the plaintiff. The motion shall identify the asbestos trust claims the defendant believes the plaintiff can file and include information supporting the asbestos trust claims.
2. Within ten days of receiving the defendant’s motion, the plaintiff shall do one of the following:
a. File the asbestos trust claims.
b. File a written response with the court stating the reason there is insufficient evidence for the plaintiff to file the asbestos trust claims.
c. File a written response with the court requesting a determination that the cost to file the asbestos trust claims exceeds the plaintiff’s reasonably anticipated recovery.
3. a. If the court determines that there is a sufficient basis for the plaintiff to file an asbestos trust claim identified in the motion to stay, the court shall stay the asbestos action until the plaintiff files the asbestos trust claim and produces all related trust claims materials. b. If the court determines that the cost of submitting an asbestos trust claim exceeds the plaintiff’s reasonably anticipated recovery, the court shall stay the asbestos action until the plaintiff files with the court and provides all parties with a verified statement of the plaintiff’s
history of exposure, usage, or other connection to asbestos covered by that asbestos trust.
4. An asbestos action shall not be set for trial until at least sixty days after the plaintiff provides the documentation required by this section.
2017 Acts, ch 11, §4