Iowa Code 686A.6 – Trust record — valuation of asbestos trust claims — judicial notice
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Terms Used In Iowa Code 686A.6
- 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.6 Trust record — valuation of asbestos trust claims — judicial notice.
1. Not less than thirty days before trial in an asbestos action, the court shall enter into the
record a document that identifies every asbestos trust claim made by the plaintiff or on the plaintiff’s behalf.
2. If a plaintiff proceeds to trial in an asbestos action before an asbestos trust claim is resolved, there is a rebuttable presumption that the plaintiff is entitled to, and will receive, the compensation specified in the trust governance document applicable to the plaintiff’s claim at the time of trial. The court shall take judicial notice that the trust governance document specifies compensation amounts and payment percentages and shall establish an attributed value to the plaintiff’s asbestos trust claims.
2017 Acts, ch 11, §6
Referred to in §686A.7
1. Not less than thirty days before trial in an asbestos action, the court shall enter into the
record a document that identifies every asbestos trust claim made by the plaintiff or on the plaintiff’s behalf.
2. If a plaintiff proceeds to trial in an asbestos action before an asbestos trust claim is resolved, there is a rebuttable presumption that the plaintiff is entitled to, and will receive, the compensation specified in the trust governance document applicable to the plaintiff’s claim at the time of trial. The court shall take judicial notice that the trust governance document specifies compensation amounts and payment percentages and shall establish an attributed value to the plaintiff’s asbestos trust claims.
2017 Acts, ch 11, §6
Referred to in §686A.7