(a)A plaintiff who files an asbestos action, within 45 days, shall provide all parties with an information form attested by the plaintiff, specifying the basis for each claim against each defendant and stating all of the following with specificity:
(1)The
exposed person’s
name, address, date of birth, Social Security number, marital status,
smoking history,
occupation,
current and past worksites and
employers, and if the
exposed person
alleges exposure to asbestos through another person, the identity of the other person
and that person’s relationship to the
exposed person
.
(2)The asbestos-related disease claimed to exist.
(3)An affirmation that the
plaintiff and
his or her
counsel have conducted an investigation into all potential sources of the
exposed person’s
exposure to asbestos
.
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(a) A plaintiff who files an asbestos action, within 45 days, shall provide all parties with an information form attested by the plaintiff, specifying the basis for each claim against each defendant and stating all of the following with specificity:
(1)
The
exposed person’s
name, address, date of birth, Social Security number, marital status,
smoking history,
occupation,
current and past worksites and
employers, and if the
exposed person
alleges exposure to asbestos through another person, the identity of the other person
and that person’s relationship to the
exposed person
.
(2)
The asbestos-related disease claimed to exist.
(3)
An affirmation that the
plaintiff and
his or her
counsel have conducted an investigation into all potential sources of the
exposed person’s
exposure to asbestos
.
(4) The identity,
with specificity
, of
each and every source of exposure to asbestos that is available or known to the plaintiff or
his or her
counsel
for the exposed person
and any person through which the plaintiff alleges exposure, including all asbestos-containing products to which the
exposed person
was exposed, whether from bankrupt entities or otherwise, and all premises at which the
exposed
person
was
exposed to asbestos
.
(5) The
specific location and manner of each alleged exposure to asbestos
.
(6) The
beginning and ending dates of each alleged exposure
.
(7) The
specific connection of each defendant to the alleged exposure to asbestos.
(8) The name, address, and relationship to the exposed person of each individual who is knowledgeable regarding the exposed person’s exposures to asbestos.
(9)
All
supporting documentation relating to
the information required by this
section.
(b) If a defendant
that is specifically identified in the plaintiff’s attestation as a source of exposure
presents evidence that the
attestation
is incomplete, the defendant may move the court for an order to require the plaintiff to supplement the
attestation
. If the court determines that there is a sufficient basis for the plaintiff to supplement the
attestation
, the court shall enter an order to require the plaintiff to supplement the
attestation
and shall stay the action until the plaintiff supplements the
attestation
as provided by the court and produces the supplemental
attestation
to the parties.
(c) The court shall dismiss the plaintiff’s claim without prejudice if the plaintiff fails to provide the information required in this section or fails to satisfy an order to supplement the plaintiff’s
attestation
within
the time the information is required to be provided to the parties.
(d) A defendant whose product or premises is not specifically identified in the plaintiff’s attestation may file a motion with the court to dismiss the plaintiff’s claim against that defendant without prejudice.