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House advances bill adding evidentiary requirements and optional hearing before alleging punitive damages
Summary
House Bill 302 would require affidavits and, if requested, an evidentiary hearing to support a motion to amend a complaint to add punitive damages; proponents said the change will reduce court burden while opponents said it creates an early "trial before trial."
Representative Nicastro sponsored House Bill 302, which revises procedures for seeking leave to amend a complaint to add punitive damages. Nicastro said the bill resolves a statutory conflict from a 2023 change and requires plaintiffs to submit affidavits and documents supporting punitive-damages allegations, and gives either party the right to request an evidentiary hearing with cross-examination on the support submitted.
Nicastro…
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