(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 r 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 on. 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.(Act 2019-261, §1; Act 2024-234, §1.)
Alabama Legal Code