(a) Subject to Section 6-5-693, within 90 days after a plaintiff files an asbestos action, the plaintiff shall do all of the following:
(1) Provide all parties with an affidavit, signed under oath by the plaintiff, stating all of the following:
a. The plaintiff's name, address, date of birth, Social Security number, marital status, occupation, and employers, and if the plaintiff alleges exposure to asbestos through another person, the identity of the other person, and that person's relationship to the plaintiff.
b. The asbestos-related disease claimed to exist.
c. The plaintiff and plaintiff's counsel have conducted an investigation into all potential sources of the plaintiff's exposure to asbestos and identified with specificity each and every source of exposure to asbestos that is available or known to the plaintiff or plaintiff's counsel and any person through which the plaintiff alleges exposure, including all asbestos-containing products to which the plaintiff or other person were exposed, whether from bankrupt entities or otherwise, and all premises at which the plaintiff and the other person were exposed to asbestos; the specific location and manner of each alleged exposure to asbestos; the beginning and ending dates of each alleged exposure; and the specific connection of each defendant to the alleged exposure to asbestos.
(2) Provide all parties with all supporting documentation relating to this section.
(b) If a defendant presents evidence that the plaintiff's affidavit is incomplete, the defendant may move the court for an order to require the plaintiff to supplement the affidavit. If the court determines that there is a sufficient basis for the plaintiff to supplement the affidavit, the court shall enter an order to require the plaintiff to supplement the affidavit and shall stay the action until the plaintiff supplements the affidavit as provided by the court and produces the supplemental affidavit to the parties.
(c) The court shall dismiss the plaintiff's claim without prejudice if the plaintiff fails to provide the information required in this section or fails to satisfy an order to supplement the plaintiff's affidavit within 90 days from the time the information is required to be provided to the parties.
Last modified: May 3, 2021