SB45 Alabama 2019 Session

Summary

Primary Sponsor

Dan RobertsSenator

Republican

Session

Regular Session 2019

Title

Civil procedure, Asbestos Trust Claims Transparency Act, disclosure of all viable asbestos trust claims required, Secs. 6-5-690 to 6-5-696 added.

Summary

SB 45 creates the Asbestos Exposure Transparency Act, requiring asbestos plaintiffs to disclose exposure information or file and provide all available asbestos trust claims and materials before trial.

What This Bill Does

It adds new requirements for asbestos lawsuits: within 90 days, a plaintiff must either file a sworn affidavit detailing exposure history, the claimed asbestos-related disease, dates and locations of exposure, and how each defendant is connected, plus supporting documents; or file all available asbestos trust claims and trust materials. If the plaintiff files all available trust claims within 90 days, they may avoid the standard disclosure but must continue to supplement with new information; trial cannot begin until at least 60 days after compliance. The act also makes trust claim materials presumptively relevant and admissible and allows the defense to seek discovery from asbestos trusts.

Who It Affects

• Asbestos action plaintiffs in Alabama must provide detailed disclosure of exposure history, or file all available trust claims and materials before trial, with a duty to supplement.
• Defendants and the court gain new powers to require supplementation, request additional trust information, and delay trial until compliance; trust materials are treated as relevant and admissible in evidence, with discovery rights extended to trusts.

Key Provisions

• Creates Article 35A (starting at 6-5-690) to establish the Asbestos Exposure Transparency Act.
• Defines key terms: asbestos action, asbestos trust, trust claim materials, and trust governance documents.
• Requires a plaintiff to file within 90 days after filing an asbestos action either a sworn affidavit with detailed exposure history and connections to defendants plus supporting documents, or all available trust claims and trust materials.
• If the affidavit is incomplete, the court may order supplementation; the case can be stayed, and dismissal without prejudice can occur if the information is not provided within the specified period.
• Allows a bankruptcy-trust route: if the plaintiff files all available trust claims within 90 days, they may skip the standard disclosure, but must continue to supplement as needed; trial must wait at least 60 days after compliance.
• Gives discovery rights: trust claim materials and governance documents are presumptively relevant and admissible; the defense can seek information from trusts and the plaintiff cannot invoke privilege to block it.
• Effective date: the act takes effect on the first day of the third month after it is enacted.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Civil Procedure