An asbestos trust is defined in the act as a government or court approved trust, qualified settlement fund, or claims facility created as a result of an administrative action, legal action, or law that is intended to provide compensation to people who have experienced health effects due to asbestos exposure.

Within thirty days of filing a civil action for damages due to health effects that resulted from the exposure to asbestos, a claimant shall provide the court and other parties to the case certain documents. Such documents shall include a sworn statement stating that the claimant has investigated all asbestos trusts, that the claimant has completed and filed all available asbestos trust claims, and the status and disposition of each asbestos trust claim. The claimant shall also provide all parties with all trust claim materials, as defined in the act, which shall include materials from all law firms connected to the claimant in relation to exposure to asbestos. Finally, the claimant shall produce all available trust claims filed by any individual, other than the claimant, if the claimant's asbestos trust claim is based on exposure to asbestos through that other individual. The claimant must continually update the required information and documents given to the court and other parties until the final resolution of the asbestos action. The claimant has thirty days to supplement or amend the documents after filing additional asbestos trust claims, supplementing an existing asbestos trust claim, or receiving additional trust claim materials.

A defendant to the asbestos action may request a stay of the proceedings if the defendant receives information that the claimant could claim compensation from additional asbestos trusts. The claimant can then either file the asbestos trust claims and produce the related trust claims materials or file a response with the court stating why there is insufficient evidence for the claimant to file the asbestos trust claims. If the court finds that there is a sufficient basis for the claimant to file the additional asbestos trust claim, the court shall stay the asbestos action until the claimant files the claim and produces the related trust claim materials. An asbestos action shall not be set for trial until at least forty-five days after the claimant has produced the required documents.

A defendant may seek discovery against an asbestos trust and the claimant cannot claim privilege or confidentiality in order to prohibit discovery of such materials. The claimant must consent to release the information and materials requested by the defendant.

Trust claim materials that are sufficient to entitle a claim for consideration for payment under the applicable trust governance documents may be sufficient to support a jury finding that the claimant was exposed to products for which the trust was established and that such exposure was a substantial contributing factor in causing the claimant's injury.

Any trust claim materials or trust governance documents may be introduced at trial to prove issues relevant to the adjudication of the asbestos claim including alternative causation of the injury or that a entity is a joint-tortfeasor, unless otherwise excluded by the rules of evidence. The jury shall not be informed of the amount of consideration paid by a trust to a claimant to settle a claim.

Thirty days prior to trial, the court shall enter into the record every asbestos trust claim made by the claimant. If the claimant has asbestos trust claims that have not been resolved at the time of trial, there is a rebuttable presumption that the claimant will receive compensation specified in the applicable trust governance documents. If allowed by law, the defendant may be entitled to a setoff or credit in the amount the claimant has been awarded or presumed to be awarded from an asbestos trust.

If a claimant fails to disclose the documents required by this act, the court may impose sanctions including vacating a judgment. The court may also dismiss an asbestos action with prejudice for willful failure to submit and update the required documents.

Within a year following a judgment rendered in an asbestos action, if a claimant files an additional asbestos trust claim with an asbestos trust that was in existence at the time of judgment the defendant may file for relief with the trial court. The trial court may reopen the case and adjust the judgment awarded by the amount of any subsequent asbestos trust payments obtained by the claimant.

This act is identical to provisions in SCS/SB 1102 (2018) and similar to SB 347 (2017) and HB 333 (2017).