Utah Code 78B-6-2402. Required disclosures by plaintiff within 21 days of filing asbestos action
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(1) Within 21 days after the day on which the first answer is filed in response to the plaintiff‘s complaint in an asbestos action, the plaintiff shall provide all parties with a sworn declaration stating the evidence providing the basis for each claim against each defendant, including:
Terms Used In Utah Code 78B-6-2402
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Asbestos: means chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, asbestiform winchite, asbestiform richterite, asbestiform amphibole minerals, and any of these minerals that have been chemically treated or altered, including all minerals defined as asbestos in 29 C. See Utah Code 78B-6-2401
- Asbestos action: means a claim for damages or other civil or equitable relief presented in a civil action resulting from, based on, or related to:(4)(a)(i) the health effects of exposure to asbestos, including:(4)(a)(i)(A) loss of consortium;(4)(a)(i)(B) wrongful death;(4)(a)(i)(C) mental or emotional injury;(4)(a)(i)(D) risk or fear of disease or other injury; and(4)(a)(i)(E) costs of medical monitoring or surveillance; and(4)(a)(ii) any other derivative claim made by or on behalf of an individual exposed to asbestos or a representative, spouse, parent, child, or other relative of that individual. See Utah Code 78B-6-2401
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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.
- Exposed individual: means an individual whose exposure to asbestos is the basis for the asbestos action. See Utah Code 78B-6-2401
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Plaintiff: means :
(22)(a) the person bringing the asbestos action, including a personal representative if the asbestos action is brought by an estate; or(22)(b) a conservator or next friend if the asbestos action is brought on behalf of a minor or legally incapacitated individual. See Utah Code 78B-6-2401- Sworn declaration: means the same as that term is defined in Section 78B-18a-102. See Utah Code 78B-6-2401
(1)(a) the name, address, date of birth, marital status, occupation, smoking history, and current and past employers and worksites of the exposed individual;(1)(b) the name and address of each individual who is knowledgeable about each exposure to asbestos and the exposed individual’s relationship to that individual;(1)(c) the manufacturer or seller and the specific name of each asbestos-containing product, including any brand or trade name of that product, to which the exposed individual was exposed to asbestos or the other individual was exposed to asbestos if the exposed individual’s exposure to asbestos was through another individual;(1)(d) the specific sites and the location at the sites that establish the direct connection between the exposed individual, or the other individual if the exposed individual’s exposure to asbestos was through another individual, and each defendant;(1)(e) the beginning and ending dates of each exposure and the frequency of each exposure for the exposed individual or the other individual if the exposed individual’s exposure to asbestos was through another individual;(1)(f) the condition that is alleged to have been caused by exposure to asbestos; and(1)(g) any supporting documentation relating to the information required under this Subsection (1).(2) The sworn declaration under Subsection (1) is in addition to the disclosures required under Sections 78B-6-2403 and 78B-6-2405.(3) Except as provided in Subsection (4), on a motion by a defendant in an asbestos action, the court shall dismiss a plaintiff’s asbestos claim without prejudice:(3)(a) against a defendant if the defendant’s asbestos-containing product or site is not specifically identified in the sworn declaration under Subsection (1); or(3)(b) against all defendants if the plaintiff fails to comply with Subsection (1).(4) The court may not dismiss a plaintiff’s asbestos claim under Subsection (3) upon a showing of good cause by the plaintiff.