The bill 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. It mandates that a party must submit affidavits and documentation supporting their claim for punitive damages, and the opposing party may also submit counter-affidavits. The court is required to hold an evidentiary hearing if requested, where evidence must be presented through live testimony subject to cross-examination. The court will then make specific findings of fact based on the evidence presented to determine if there is sufficient admissible evidence to establish a triable issue on all elements of a punitive damages claim.

Additionally, the bill specifies that all elements of a punitive damages claim must be proven by clear and convincing evidence. It outlines the process for determining liability and the amount of punitive damages, including the requirement for the judge to review jury awards and provide reasons for any adjustments. The bill also stipulates that the award of punitive damages will be divided equally between the prevailing party and the state, with specific provisions regarding the allocation of costs and attorney fees. Notably, the state has no right to intervene in the proceedings except to enforce a judgment in its favor, and the provisions regarding the allocation of punitive damages do not apply to awards of $200,000 or less.

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: 27-1-221