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Panel weighs requiring early evidentiary hearings on punitive‑damages claims
Summary
House Bill 302 would let parties ask for live‑testimony evidentiary hearings to test punitive‑damages affidavits before plaintiffs amend complaints; sponsors said it exposes weak affidavit evidence and avoids later trial prejudice, while opponents warned it would create duplicative mini‑trials and delay justice.
Representative Anthony Nicastro opened for House Bill 302, describing punitive damages as ‘‘meant to be used, very sparingly’’ and proposing that courts be allowed to hold an evidentiary hearing, with live testimony and cross‑examination, before a plaintiff may add punitive damages to a complaint.
Supporters (including the Montana Chamber of Commerce) said the change addresses boilerplate…
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