Bill > HB302

This bill revises Montana's punitive damages laws by modifying the procedures for requesting and awarding punitive damages. The bill requires that a request for punitive damages cannot be included in an initial legal pleading, but instead must be made through a motion to amend the pleading after discovery has begun. The moving party must submit affidavits and documentation supporting their claim, and the opposing party may submit counter-evidence. If requested, the court must hold an evidentiary hearing where the evidence is presented through live testimony subject to cross-examination. At the conclusion of this hearing, the court must make specific findings about whether there is sufficient evidence to establish a potential punitive damages claim. The bill maintains the existing high standard of proof, requiring clear and convincing evidence of actual fraud or actual malice, which means evidence with no serious doubt about its correctness. When punitive damages are awarded, the judge must consider multiple factors such as the nature and extent of the defendant's wrongdoing, their intent, and financial condition. Notably, the bill also preserves the existing provision that half of any punitive damages award goes to the state, with specific rules about litigation costs and attorney fees, though this does not apply to awards of $200,000 or less.

Justice

https://bills.legmt.gov/#/laws/bill/2/LC2256