House Bill No. introduced by A. Nicastro amends Section 27-1-221 of the Montana Code Annotated to establish new requirements for parties seeking to amend pleadings to include claims for punitive damages. The bill mandates that a party must submit affidavits and documentation supporting their claim for punitive damages, and the opposing party may also submit counter-affidavits. Notably, the bill stipulates that the court shall hold an evidentiary hearing if requested, where evidence must be presented through live testimony subject to cross-examination. The court is required to make specific findings of fact based on the evidence presented at the hearing to determine if there is sufficient admissible evidence to establish a triable issue on all elements of a punitive damages claim.

Additionally, the bill clarifies that all elements of a punitive damages claim must be proven by clear and convincing evidence, and it outlines the process for determining the amount of punitive damages awarded. The judge is tasked with reviewing jury awards and must provide detailed reasons for any adjustments made to the punitive damages. Furthermore, the bill introduces a provision for the division of punitive damages between the prevailing party and the state, with specific guidelines on how costs and attorney fees related to the award are to be handled. Importantly, the bill specifies that these new provisions do not apply to punitive damages awards of $200,000 or less, and it does not alter existing rules regarding the discovery of a defendant's financial information.

Statutes affected:
LC Text: 27-1-221
HB0302_1(1): 27-1-221
HB0302_1(2): 27-1-221
HB0302_1(3): 27-1-221
HB0302_1(4): 27-1-221
HB0302_1(5): 27-1-221
HB0302_1(6): 27-1-221
HB0302_1: 27-1-221