SB104 Alabama 2024 Session

Summary

Primary Sponsor

Josh CarnleySenator

Republican

Session

Regular Session 2024

Title

Civil practice, asbestos actions; filing requirements, further provided

Summary

SB104 requires detailed disclosure in asbestos lawsuits, allows dismissal for failure to identify defendants, and delays discovery until disclosures and asbestos trust claims are filed or updated.

What This Bill Does

If enacted, plaintiffs must file a 45-day affidavit detailing the basis for each claim against every defendant and provide extensive information about exposure history, worksites, and knowledgeable people, with supporting documents. Defendants can seek a court order to require the plaintiff to supplement incomplete disclosures, and the case discovery would be paused until the supplemental affidavit is provided. If the plaintiff fails to provide required information or comply with a court order, the court must dismiss the claim without prejudice. Alternatively, plaintiffs can file all available asbestos trust claims within 90 days and must provide trust claim materials, with ongoing duties to supplement and with the possibility of trial delay if additional trust claims are required.

Who It Affects

• Plaintiffs (exposed persons and their counsel) will need to gather and disclose detailed exposure history, worksites, exposure sources, and knowledgeable individuals, plus all supporting documents and trust claim materials, or face potential dismissal.
• Defendants (companies or premises owners named in the action) may be dismissed if not properly identified in the plaintiff's disclosures, and can request supplementation; discovery could be paused pending complete disclosures.

Key Provisions

• Definitions added for asbestos action, asbestos trust, exposed person, trust claim materials, and trust governance documents.
• Plaintiff disclosure requirement: within 45 days of filing, provide an affidavit detailing the basis for each claim against each defendant, including the exposed person's identity, worksites, exposure sources, and individuals knowledgeable about the exposure, plus supporting documentation.
• Court action on incomplete disclosures: if a defendant shows the affidavit is incomplete, the court can order supplementation and must stay the case until the supplement is provided.
• Dismissal for non-compliance: the court must dismiss the plaintiff's claim without prejudice if required information is not provided or a supplementation order is not satisfied within 90 days.
• Dismissal for unidentified defendants: a defendant not specifically identified in the affidavit may move to dismiss the claim without prejudice.
• Asbestos trust claims option: within 90 days, a plaintiff may file all available asbestos trust claims and provide trust claim materials; ongoing duty to supplement within 30 days of receiving new information.
• Pre-trial and trial timing: not less than 60 days before trial, a defendant may move to require filing of additional trust claims if not all were filed; trial cannot begin until at least 60 days after compliance.
• Effective date: the act becomes effective October 1, 2024.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Civil Procedure