House Bill No. introduced by A. Nicastro amends Section 27-1-221 of the Montana Code Annotated to establish new requirements for claiming punitive damages in civil lawsuits. The bill mandates that a party seeking to amend their pleading to include a claim for punitive damages must submit supporting affidavits and documentation, and the court must find that the evidence presented supports the claim. Additionally, if requested, an evidentiary hearing must be held where evidence is presented through live testimony, allowing for cross-examination. The court is required to make specific findings of fact based on the evidence presented at the hearing regarding the existence of a triable issue on all elements of a punitive damages claim.

The bill also outlines that all elements of a punitive damages claim must be proven by clear and convincing evidence, and it specifies that evidence related to a defendant's financial condition is not admissible during the liability phase of the trial. However, such evidence can be considered in a separate proceeding to determine the amount of punitive damages if the jury finds the defendant liable. Furthermore, the bill stipulates that the award of punitive damages must be divided equally between the prevailing party and the state, with specific provisions for the allocation of costs and attorney fees related to the award. Notably, the bill clarifies that the state has no right to intervene in the proceedings except to enforce a judgment in its favor, and it does not apply to punitive damages 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(4): 27-1-221
HB0302_1(5): 27-1-221
HB0302_1: 27-1-221