Montana legislation · 2025 Regular Session
Montana HB302: Revising punitive damages laws and procedures
Status: Chaptered, May 22, 2025
What the bill says
A bill for an act entitled: "an act requiring briefing, including affidavits and a finding by the court that the evidence presented supports a claim for punitive damages, before a judge may grant a motion to amend; requiring an evidentiary hearing if requested; and amending section 27-1-221, mca.".
From the engrossed text:
A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING BRIEFING, INCLUDING AFFIDAVITS AND A FINDING BY THE COURT THAT THE EVIDENCE PRESENTED SUPPORTS A CLAIM FOR PUNITIVE DAMAGES, BEFORE A JUDGE MAY GRANT A MOTION TO AMEND; REQUIRING AN EVIDENTIARY HEARING IF REQUESTED; AND AMENDING SECTION 27-1-221, MCA." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: Section 1. Section 27-1-221, MCA, is amended to read: "27-1-221. Punitive damages -- liability -- proof -- award. (1) Subject to the provisions of 27-1-220 and this section, reasonable punitive damages may be awarded when the defendant has been found guilty of actual fraud or actual malice. (2) A defendant is guilty of actual malice if the defendant has knowledge of facts or intentionally disregards facts that create a high probability of injury to the plaintiff and: (a) deliberately proceeds to act in conscious or intentional disregard of the high probability of injury to the plaintiff; or (b) deliberately proceeds to act with indifference to the high probability of injury to the plaintiff. (3) A defendant is guilty of actual fraud if the or (b) conceals a material fact with the purpose of depriving the plaintiff of property or legal rights or otherwise causing injury. (4) Actual fraud exists only when the plaintiff has a right to rely on the representation …
Sponsors
- Nicastro, Anthony (R, 50) · primary sponsor
Latest actions
- : (S) Died in Committee
- : Chapter Number Assigned
- : (H) Signed by Governor
- : (H) Transmitted to Governor
- : (S) Signed by President
- : (H) Signed by Speaker
- : (H) Returned from Enrolling
- : (H) Sent to Enrolling
- : (S) 3rd Reading Concurred
- : (S) Scheduled for 3rd Reading
Votes
- Do Pass (February 13, 2025): 52 yea, 47 nay, passed
- Do Pass (February 12, 2025): 54 yea, 46 nay, passed
Subjects: Liability, Remedies, Torts
Common questions
- What is HB302?
- HB302 is a bill in the Montana Legislature (2025 Regular Session): Revising punitive damages laws and procedures.
- What does HB302 do?
- In its own words: A bill for an act entitled: "an act requiring briefing, including affidavits and a finding by the court that the evidence presented supports a claim for punitive damages, before a judge may grant a motion to amend; requiring an evidentiary hearing if requested; and amending section 27-1-221, mca.".
- What is the status of HB302?
- Chaptered as of May 22, 2025. Latest action: (S) Died in Committee (May 22, 2025).
- Who sponsored HB302?
- Nicastro, Anthony (R, 50).
- Where is the official record for HB302?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC2256
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.