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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1180
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR TRENT.
4998S.02I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 490.715, 537.060, and 537.067, RSMo, and to enact in lieu thereof fourteen
new sections relating to civil procedure.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 490.715, 537.060, and 537.067, RSMo, 1
are repealed and fourteen new sections enacted in lieu thereof, 2
to be known as sections 490.715, 510.500, 510.503, 510.506, 3
510.509, 510.512, 510.515, 510.518, 510.521, 537.059, 537.060, 4
537.067, 537.092, and 537.870, to read as follows:5
490.715. 1. No evidence of collateral sources, or 1
payments rendered under subsection 2 of this section, shall 2
be admissible other than such evidence provided for in this 3
section. 4
2. If prior to trial a defendant or his or her insurer 5
or authorized representative, or any combination of them, 6
pays all or any part of a plaintiff's special damages, then 7
any portion of a plaintiff's claims for special damages that 8
are satisfied by a payment from a defendant or the 9
defendant's insurer or authorized representative, or any 10
combination of them, are not recoverable from that defendant. 11
3. If such payments described in subsection 2 of this 12
section are included in a plaintiff's claim for special 13
damages at trial, the defendant who made the payment, or on 14
whose behalf the payment was made, shall be entitled to 15
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deduct and receive a credit for such payments from any 16
judgment as provided for in section 490.710. 17
4. This section does not require the exclusion of 18
evidence admissible for another proper purpose. 19
5. (1) Except as provided in subsection 2 of this 20
section, [parties] in any action where a plaintiff seeks to 21
recover for personal injury, bodily injury, or death, any 22
party may introduce evidence of the actual cost of the 23
medical care or treatment rendered to a plaintiff, or [a 24
patient whose care is at issue] to the person for whose 25
injury or death a plaintiff seeks to recover. Actual cost 26
of the medical care or treatment shall be reasonable, 27
necessary, and a proximate result of the negligence or fault 28
of any party. 29
(2) No party shall introduce evidence of the amount 30
billed for medical care or treatment rendered to a plaintiff 31
or a patient whose care is at issue in a plaintiff's case if 32
the amount billed has been discounted pursuant to any 33
contract, price reduction, or write-off by any person or 34
entity or satisfied by payment of an amount less than the 35
amount billed for that medical care or treatment. 36
6. The actual cost of medical care or treatment 37
rendered to a plaintiff or a patient whose care is at issue 38
in a plaintiff's case and discounts pursuant to any 39
contract, price reduction, or write-off shall be admissible 40
evidence relevant to the potential cost of future treatment 41
of the same type or kind to that plaintiff or patient whose 42
care is at issue in a plaintiff's case. 43
7. For purposes of this [subsection] section, the 44
phrase "actual cost of the medical care or treatment" shall 45
be defined as a sum of money not to exceed the dollar 46
amounts paid by or on behalf of a plaintiff, or a patient 47
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whose care is at issue in a plaintiff's case, plus any 48
remaining dollar amount necessary to satisfy the financial 49
obligation, including valid outstanding liens, for medical 50
care or treatment by a health care provider after adjustment 51
for any contractual discounts, price reduction, or write-off 52
by any person or entity. 53
510.500. Sections 510.500 to 510.521 shall be known 1
and may be cited as the "Uniform Interstate Depositions and 2
Discovery Act". 3
510.503. As used in sections 510.500 to 510.521, the 1
following terms mean: 2
(1) "Foreign jurisdiction", a state other than this 3
state; 4
(2) "Foreign subpoena", a subpoena issued under 5
authority of a court of record of a foreign jurisdiction; 6
(3) "Person", an individual, corporation, business 7
trust, estate, trust, partnership, limited liability 8
company, association, joint venture, public corporation, 9
government or political subdivision, agency or 10
instrumentality, or any other legal or commercial entity; 11
(4) "State", a state of the United States, the 12
District of Columbia, Puerto Rico, the United States Virgin 13
Islands, a federally recognized Indian tribe, or any 14
territory or insular possession subject to the jurisdiction 15
of the United States; 16
(5) "Subpoena", a document, however denominated, 17
issued under authority of a court of record requiring a 18
person to: 19
(a) Attend and give testimony at a deposition; 20
(b) Produce and permit inspection and copying of 21
designated books, documents, records, electronically stored 22
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information, or tangible items in the possession, custody, 23
or control of the person; or 24
(c) Permit inspection of premises under the control of 25
the person. 26
510.506. 1. To request issuance of a subpoena under 1
this section, a party shall submit a foreign subpoena to a 2
clerk of court in the county in which discovery is sought to 3
be conducted in this state. A request for the issuance of a 4
subpoena under sections 510.500 to 510.521 shall not 5
constitute an appearance in the courts of this state. 6
2. If a party submits a foreign subpoena to a clerk of 7
court in this state, the clerk, in accordance with such 8
court's procedure, shall promptly issue a subpoena for 9
service upon the person to which the foreign subpoena is 10
directed. 11
3. A subpoena under subsection 2 of this section shall: 12
(1) Incorporate the terms used in the foreign 13
subpoena; and 14
(2) Contain or be accompanied by the names, addresses, 15
and telephone numbers of all counsel of record in the 16
proceeding to which the subpoena relates and of any party 17
not represented by counsel. 18
510.509. A subpoena issued by a clerk of court under 1
section 510.506 shall be served in compliance with the 2
Missouri supreme court rules of civil procedure and laws of 3
this state. 4
510.512. The Missouri supreme court rules of civil 1
procedure and laws of this state, and any amendments 2
thereto, apply to subpoenas issued under section 510.506. 3
510.515. An application to the court for a protective 1
order or to enforce, quash, or modify a subpoena issued by a 2
clerk of court under section 510.506 shall comply with the 3
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Missouri supreme court rules of civil procedure and the laws 4
of this state and be submitted to the court in the county in 5
which discovery is to be conducted. 6
510.518. In applying and construing sections 510.500 1
to 510.521, consideration shall be given to the need to 2
promote uniformity of the law with respect to its subject 3
matter among states that enact it. 4
510.521. Sections 510.500 to 510.521 apply to requests 1
for discovery in cases pending on August 28, 2026. 2
537.059. In all actions in which there is any count 1
alleging a tort to recover damages and in which any party 2
contends that the damages were caused by the alleged fault 3
of more than one person or entity, the trier of fact shall 4
determine the amount of fault attributable to each person or 5
entity, regardless of whether the person or entity is a 6
party to the action, and regardless of whether the person or 7
entity has settled or been released from liability. Fault 8
of another person or entity may be alleged by any party to 9
the tort action in any claim, counterclaim, cross-claim, or 10
as an affirmative defense. Any determination by the trier 11
of fact as to the amount of fault attributable to a person 12
or entity not a party to the action at the time of trial 13
shall not be binding against or otherwise affect the rights 14
or liabilities of that person or entity. 15
537.060. Defendants in a judgment founded on an action 1
for the redress of a private wrong shall be subject to 2
contribution, and all other consequences of such judgment, 3
in the same manner and to the same extent as defendants in a 4
judgment in an action founded on contract. When an 5
agreement by release, covenant not to sue or not to enforce 6
a judgment is given in good faith to one of two or more 7
persons liable in tort for the same injury or wrongful 8
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death, such agreement shall not discharge any of the other 9
tort-feasors for the damage unless the terms of the 10
agreement so provide[; however such agreement shall reduce 11
the claim by the stipulated amount of the agreement, or in 12
the amount of consideration paid, whichever is greater. The 13
agreement shall discharge the tort-feasor to whom it is 14
given from all liability for contribution or noncontractual 15
indemnity to any other tort-feasor. The term 16
"noncontractual indemnity" as used in this section refers to 17
indemnity between joint tort-feasors culpably negligent, 18
having no legal relationship to each other and does not 19
include indemnity which comes about by reason of contract, 20
or by reason of vicarious liability]. 21
537.067. 1. In all tort actions for damages, if a 1
defendant is found to bear fifty-one percent or more of 2
fault, then such defendant shall be jointly and severally 3
liable for the amount of the judgment rendered against the 4
defendants less the total of any stipulated amount in any 5
release, covenant not to sue or not to enforce a judgment 6
under any agreement with any other person or entity alleged 7
to have been at fault pursuant to section 537.059, or any 8
consideration paid by such person or entity, whichever is 9
greater. If a defendant is found to bear less than fifty- 10
one percent of fault, then the defendant shall only be 11
responsible for the percentage of the judgment for which the 12
defendant is determined to be responsible by the trier of 13
fact; except that, a party is responsible for the fault of 14
another defendant or for payment of the proportionate share 15
of another defendant if any of the following applies: 16
(1) The other defendant was acting as an employee of 17
the party; 18
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(2) The party's liability for the fault of another 19
person arises out of a duty created by the federal 20
Employers' Liability Act, 45 U.S.C. Section 51. 21
2. The defendants shall only be severally liable for 22
the percentage of punitive damages for which fault is 23
attributed to such defendant by the trier of fact. 24
3. In all tort actions, no party may disclose to the 25
trier of fact the impact of this section. 26
537.092. Notwithstanding any provision of law to the 1
contrary, in any civil action in which the trier of fact is 2
a jury, neither a party nor the attorneys of a party shall 3
seek or make reference to a specific dollar amount or state 4
a range for the jury to consider with respect to awards for 5
noneconomic damages, as that term is defined in section 6
538.205. 7
537.870. 1. Within thirty days of filing a civil 1
action involving a latent injury or disease or a claim for 2
medical monitoring, the claimant shall file a sworn 3
information form specifying the evidence that provides the 4
basis for each claim against each defendant. The sworn 5
information form shall include the following with 6
specificity: 7
(1) The claimant's name, date of birth, marital 8
status, occupation, smoking history, current and past 9
residences, current and past worksites, current and past 10
employers, and if applicable, the name of any individual 11
through whom the claimant alleges exposure to the product or 12
substance that forms a basis for the civil action; 13
(2) The name and address of each individual who is 14
knowledgeable about the exposures or events that form a 15
basis for the civil action and the individual's relationship 16
to the claimant; 17
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(3) The manufacturer or seller and specific brand and 18
trade name of each product or substance that forms a basis 19
for the civil action; 20
(4) Each site, including the address of each site, and 21
the specific location at each site where any exposure or 22
event occurred that form a basis for the civil action; 23
(5) The beginning and ending dates of each exposure or 24
event that form a basis for the civil action and the 25
specific manner, frequency, and duration of each exposure or 26
event that form a basis for the civil action; 27
(6) The specific disease or injury that is alleged; and 28
(7) A certification that all supporting documentation 29
relating to the information required by this section has 30
been provided to the parties. 31
2. A claimant shall supplement the information 32
required by this section when the claimant receives 33
information that is required to be disclosed or becomes 34
aware that a prior disclosure was inaccurate or incomplete. 35
3. Discovery shall not commence against a defendant 36
until the defendant's product, substance, or premises is 37
specifically identified in the disclosures required by this 38
section. 39
4. The court, on motion by a defendant, shall dismiss 40
the civil action without prejudice as to any defendant whose 41
product, substance, or premises is not specifically 42
identified in the disclosures required by this section. 43
5. The court, on motion by a defendant, shall dismiss 44
the civil action without prejudice as to the moving 45
defendant or as to all defendants, as applicable, if the 46
claimant fails to comply in whole or in part with the 47
provisions of this section. 48
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