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. It also outlines the process for determining the amount of punitive damages, which includes a separate proceeding where the jury considers the defendant's financial condition and other relevant factors. The bill specifies that the judge must review the jury's award and can adjust it based on various considerations, while also detailing how the awarded punitive damages are to be divided between the prevailing party and the state. Importantly, the bill ensures that the jury is not informed about the allocation of punitive damages to the state, and it maintains that the state has no right to intervene in the proceedings except to enforce a judgment in its favor.

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