Section 686A.8 - Failure to provide information

Section 686A.8 - Failure to provide information — sanctions.

IA Code § 686A.8 (2019) (N/A)

Copy with citation

Copy as parenthetical citation

686A.8 Failure to provide information — sanctions.

1. On the motion of a defendant or judgment debtor seeking sanctions or other relief in an asbestos action, the court may impose any sanction provided by court rule or a law of this state, including but not limited to vacating a judgment rendered in the action, for a plaintiff’s failure to comply with the disclosure requirements of this chapter.

2. If the plaintiff or a person on the plaintiff’s behalf files an asbestos trust claim after the plaintiff obtains a judgment in an asbestos action, and that asbestos trust was in existence at the time the plaintiff obtained the judgment, the trial court, on motion by a defendant or judgment debtor seeking sanctions or other relief, has jurisdiction to reopen the judgment in the asbestos action and adjust the judgment by the amount of any subsequent asbestos trust payments obtained by the plaintiff and order any other relief to the parties that the court considers just and proper.

3. A defendant or judgment debtor shall file any motion under this section within a reasonable time and not more than one year after the judgment was entered.

2017 Acts, ch 11, §8

Previous Section

Section 686A.7 - Setoff — credit.

Next Section

Section 686A.9 - Application.