Utah Code 78B-6-2405. Required disclosures by plaintiff in asbestos action within 120 days of trial
Current as of: 2024 | Check for updates
|
Other versions
(1) For each asbestos action filed in this state, the plaintiff shall provide all parties with a sworn declaration identifying all asbestos trust claims that have been filed by the plaintiff or by anyone on the plaintiff’s behalf, including claims with respect to asbestos-related conditions other than those that are the basis for the asbestos action or that potentially could be filed by the plaintiff against an asbestos trust.
Terms Used In Utah Code 78B-6-2405
- 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
- Asbestos trust: means a:
(5)(a) government-approved or court-approved trust that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos or asbestos-containing products;(5)(b) qualified settlement fund that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos or asbestos-containing products;(5)(c) compensation fund or claims facility created as a result of an administrative or legal action that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos or asbestos-containing products;(5)(d) court-approved bankruptcy that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos or asbestos-containing products; or(5)(e) plan of reorganization or trust pursuant to 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- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Sworn declaration: means the same as that term is defined in Section 78B-18a-102. See Utah Code 78B-6-2401
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Trust claims materials: means a final executed proof of claim and all other documents and information related to a claim against an asbestos trust, including:
(34)(a) claims forms and supplementary materials;(34)(b) affidavits;(34)(c) depositions and trial testimony;(34)(d) work history;(34)(e) medical and health records;(34)(f) documents reflecting the status of a claim against an asbestos trust; and(34)(g) all documents relating to the settlement of the trust claim if the trust claim has settled. See Utah Code 78B-6-2401(2) The sworn declaration shall be provided no later than 120 days prior to the date set for trial for the asbestos action.(3) For each asbestos trust claim or potential asbestos trust claim identified in the sworn declaration, the sworn declaration shall include:(3)(a) the name, address and contact information for the asbestos trust;(3)(b) the amount claimed or to be claimed by the plaintiff;(3)(c) the date the plaintiff filed the claim;(3)(d) the disposition of the claim; and(3)(e) whether there has been a request to defer, delay, suspend, or toll the claim.(4) The sworn declaration shall include an attestation from the plaintiff, under penalties of perjury, that the sworn declaration is complete and based on a good faith investigation of all potential claims against asbestos trusts.(5) The plaintiff shall make available to all parties all trust claims materials for each asbestos trust claim that has been filed by the plaintiff or by anyone on the plaintiff’s behalf against an asbestos trust, including any asbestos-related disease.(6) The plaintiff shall supplement the information and materials provided pursuant to this section within 90 days after the day on which the plaintiff files an additional asbestos trust claim, supplements an existing asbestos trust claim, or receives additional information or materials related to any claim or potential claim against an asbestos trust.(7) Failure by the plaintiff to make available to all parties all trust claims materials as required by this part shall constitute grounds for the court to extend the trial date in an asbestos action.(8)(8)(a) A court shall stay an asbestos action if the court finds that the plaintiff has failed to make the disclosures required by this section within the time period described in Subsection (2).(8)(b) If a plaintiff identifies a potential asbestos trust claim in the disclosures required by this section, the court may stay the asbestos action until the plaintiff files the asbestos trust claim and provides all parties with all trust claims materials for the asbestos trust claim. - Asbestos trust: means a: