(a) A plaintiff in an asbestos action need not comply with Section 6-5-692 if, within 90 days after the plaintiff files an asbestos action, the plaintiff files all available asbestos trust claims and provides the parties with all trust claim materials available to the plaintiff or plaintiff's counsel in relation to the plaintiff's exposure to asbestos. This section does not apply if the plaintiff complies with Section 6-5-692.
(b) A plaintiff has a continuing duty to supplement the information and materials provided under subsection (a) within 30 days after the plaintiff supplements an asbestos trust claim, receives additional information or materials related to an asbestos trust claim, or files an additional trust claim.
(c) Not less than 60 days before trial, if a defendant presents evidence that the plaintiff has not filed all available asbestos trust claims, as required under subsection (a), the defendant may move the court for an order to require the plaintiff to file additional trust claims. If a defendant has previously filed a motion under this section, the court shall not grant a subsequent motion if the defendant knew that the claimant met the criteria for payment for the additional trust claim identified in the subsequent motion at the time the earlier motion was filed.
(d) Trial in an asbestos action may not begin until at least 60 days after the plaintiff complies with this section.
Last modified: May 3, 2021