§ 76-86. Defendant's identification of additional or alternative personal injury trusts.

DEFENDANT'S IDENTIFICATION OF ADDITIONAL OR ALTERNATIVE PERSONAL INJURY TRUSTS.

A.  1.  Not later than ninety (90) days before trial, any defendant may move the court for an order under subsection D of this section by identifying a personal injury trust against which the defendant in good faith believes the plaintiff can file a successful claim.  For each personal injury trust a defendant identifies, the defendant shall produce or describe the evidence sufficient to meet the personal injury trust distribution procedure requirements to file a valid claim and the amount of money the trust should pay for the claim.

2.  Notwithstanding any other provision of this subsection, if the plaintiff produces additional information that supports the filing of an additional personal injury trust claim, a defendant may file a motion to stay the proceedings within seven (7) days of receiving the additional information.

B.  Within ten (10) days of receiving a motion under subsection A of this section, the plaintiff shall, for each personal injury trust identified by the defendant:

1.  File a claim with the personal injury trust;

2.  File a written response with the court that sets forth reasons why there is insufficient evidence to permit the plaintiff to file a claim in good faith under the personal injury trust distribution procedure identified by the defendant; or

3.  File a written response with the court requesting a determination that the plaintiff's or attorney's fees and expenses to prepare and file the personal injury trust claim identified in the defendant's motion exceed the plaintiff’s reasonably anticipated recovery from the personal injury trust.

C.  If the defendant has met its burden under subsection A of this section, and if the plaintiff files a response pursuant to paragraph 2 of subsection B of this section, the court shall determine, for each personal injury trust identified under subsection A of this section, whether there is a good-faith basis for the plaintiff to file a claim with the personal injury trust or if the plaintiff does not meet criteria set forth in the personal injury trust's trust governance documents.

D.  If the defendant has met its burden under subsection A of this section and if the plaintiff files a response pursuant to paragraph 3 of subsection B of this section, the court shall determine if the plaintiff’s or attorney's fees and expenses to prepare and file the personal injury trust claim identified in the defendant's motion, exceed the plaintiff’s reasonably anticipated recovery from the personal injury trust.

E.  If the court determines that there is a good-faith basis for the plaintiff to file a claim against a personal injury trust identified by a defendant, the court shall:

1.  Order the plaintiff to file a claim with the personal injury trust and stay the immediate action until the plaintiff swears or affirms that he or she has filed the claim against the personal injury trust and the plaintiff provides to all parties a final executed proof of claim and all other trust claims materials relevant to each claim the plaintiff has against a personal injury trust; or

2.  If the court determines, pursuant to subsection D of this section, that the plaintiff’s or attorney's fees and expenses exceed the plaintiff’s reasonably anticipated recovery from the personal injury trust, the court shall stay the immediate action until the plaintiff files with the court and produces to all parties a verified statement of the plaintiff’s history of exposure, usage, or other connection, as relevant, to the products, services, or events covered by the personal injury trust.

F.  Not less than thirty (30) days after the plaintiff provides the documentation required under subsection D of this section, the court may schedule the plaintiff's action for trial.

G.  Not less than thirty (30) days prior to trial, the court shall enter into the record a trust claims document that identifies each personal injury claim the plaintiff has made against a personal injury trust.

Added by Laws 2013, c. 215, § 6, eff. Nov. 1, 2013.