Bifurcated trial may be requested by any party if punitive damagesinvolved, procedure--post-trial motion for credit on punitive damages,procedure--credit not allowed, when--doctrine of remittitur andadditur applied to awards.
510.263. 1. All actions tried before a jury involving punitivedamages, including tort actions based upon improper health care, shall beconducted in a bifurcated trial before the same jury if requested by anyparty.
2. In the first stage of a bifurcated trial, in which the issue ofpunitive damages is submissible, the jury shall determine liability forcompensatory damages, the amount of compensatory damages, including nominaldamages, and the liability of a defendant for punitive damages. Evidenceof defendant's financial condition shall not be admissible in the firststage of such trial unless admissible for a proper purpose other than theamount of punitive damages.
3. If during the first stage of a bifurcated trial the jurydetermines that a defendant is liable for punitive damages, that jury shalldetermine, in a second stage of trial, the amount of punitive damages to beawarded against such defendant. Evidence of such defendant's net worthshall be admissible during the second stage of such trial.
4. Within the time for filing a motion for new trial, a defendant mayfile a post-trial motion requesting the amount awarded by the jury aspunitive damages be credited by the court with amounts previously paid bythe defendant for punitive damages arising out of the same conduct on whichthe imposition of punitive damages is based. At any hearing, the burden onall issues relating to such a credit shall be on the defendant and eitherparty may introduce relevant evidence on such motion. Such a motion shallbe determined by the trial court within the time and according toprocedures applicable to motions for new trial. If the trial courtsustains such a motion the trial court shall credit the jury award ofpunitive damages by the amount found by the trial court to have beenpreviously paid by the defendant arising out of the same conduct and enterjudgment accordingly. If the defendant fails to establish entitlement to acredit under the provisions of this section, or the trial court finds fromthe evidence that the defendant's conduct out of which the prior punitivedamages award arose was not the same conduct on which the imposition ofpunitive damages is based in the pending action, or the trial court findsthe defendant unreasonably continued the conduct after acquiring actualknowledge of the dangerous nature of such conduct, the trial court shalldisallow such credit, or, if the trial court finds that the laws regardingpunitive damages in the state in which the prior award of punitive damageswas entered substantially and materially deviate from the law of the stateof Missouri and that the nature of such deviation provides good cause fordisallowance of the credit based on the public policy of Missouri, then thetrial court may disallow all or any part of the credit provided by thissection.
5. The credit allowable under this section shall not apply to causesof action for libel, slander, assault, battery, false imprisonment,criminal conversation, malicious prosecution or fraud.
6. The doctrines of remittitur and additur, based on the trialjudge's assessment of the totality of the surrounding circumstances, shallapply to punitive damage awards.
7. As used in this section, "punitive damage award" means an awardfor punitive or exemplary damages or an award for aggravatingcircumstances.
8. Discovery as to a defendant's assets shall be allowed only after afinding by the trial court that it is more likely than not that theplaintiff will be able to present a submissible case to the trier of facton the plaintiff's claim of punitive damages.
(L. 1987 H.B. 700 § 39, A.L. 2005 H.B. 393)
CROSS REFERENCE:
Applicability of statutes changes to cases filed after August 28, 2005, RSMo 538.305
Bifurcated trial may be requested by any party if punitive damagesinvolved, procedure--post-trial motion for credit on punitive damages,procedure--credit not allowed, when--doctrine of remittitur andadditur applied to awards.
510.263. 1. All actions tried before a jury involving punitivedamages, including tort actions based upon improper health care, shall beconducted in a bifurcated trial before the same jury if requested by anyparty.
2. In the first stage of a bifurcated trial, in which the issue ofpunitive damages is submissible, the jury shall determine liability forcompensatory damages, the amount of compensatory damages, including nominaldamages, and the liability of a defendant for punitive damages. Evidenceof defendant's financial condition shall not be admissible in the firststage of such trial unless admissible for a proper purpose other than theamount of punitive damages.
3. If during the first stage of a bifurcated trial the jurydetermines that a defendant is liable for punitive damages, that jury shalldetermine, in a second stage of trial, the amount of punitive damages to beawarded against such defendant. Evidence of such defendant's net worthshall be admissible during the second stage of such trial.
4. Within the time for filing a motion for new trial, a defendant mayfile a post-trial motion requesting the amount awarded by the jury aspunitive damages be credited by the court with amounts previously paid bythe defendant for punitive damages arising out of the same conduct on whichthe imposition of punitive damages is based. At any hearing, the burden onall issues relating to such a credit shall be on the defendant and eitherparty may introduce relevant evidence on such motion. Such a motion shallbe determined by the trial court within the time and according toprocedures applicable to motions for new trial. If the trial courtsustains such a motion the trial court shall credit the jury award ofpunitive damages by the amount found by the trial court to have beenpreviously paid by the defendant arising out of the same conduct and enterjudgment accordingly. If the defendant fails to establish entitlement to acredit under the provisions of this section, or the trial court finds fromthe evidence that the defendant's conduct out of which the prior punitivedamages award arose was not the same conduct on which the imposition ofpunitive damages is based in the pending action, or the trial court findsthe defendant unreasonably continued the conduct after acquiring actualknowledge of the dangerous nature of such conduct, the trial court shalldisallow such credit, or, if the trial court finds that the laws regardingpunitive damages in the state in which the prior award of punitive damageswas entered substantially and materially deviate from the law of the stateof Missouri and that the nature of such deviation provides good cause fordisallowance of the credit based on the public policy of Missouri, then thetrial court may disallow all or any part of the credit provided by thissection.
5. The credit allowable under this section shall not apply to causesof action for libel, slander, assault, battery, false imprisonment,criminal conversation, malicious prosecution or fraud.
6. The doctrines of remittitur and additur, based on the trialjudge's assessment of the totality of the surrounding circumstances, shallapply to punitive damage awards.
7. As used in this section, "punitive damage award" means an awardfor punitive or exemplary damages or an award for aggravatingcircumstances.
8. Discovery as to a defendant's assets shall be allowed only after afinding by the trial court that it is more likely than not that theplaintiff will be able to present a submissible case to the trier of facton the plaintiff's claim of punitive damages.
(L. 1987 H.B. 700 § 39, A.L. 2005 H.B. 393)
CROSS REFERENCE:
Applicability of statutes changes to cases filed after August 28, 2005, RSMo 538.305
Bifurcated trial may be requested by any party if punitive damagesinvolved, procedure--post-trial motion for credit on punitive damages,procedure--credit not allowed, when--doctrine of remittitur andadditur applied to awards.
510.263. 1. All actions tried before a jury involving punitivedamages, including tort actions based upon improper health care, shall beconducted in a bifurcated trial before the same jury if requested by anyparty.
2. In the first stage of a bifurcated trial, in which the issue ofpunitive damages is submissible, the jury shall determine liability forcompensatory damages, the amount of compensatory damages, including nominaldamages, and the liability of a defendant for punitive damages. Evidenceof defendant's financial condition shall not be admissible in the firststage of such trial unless admissible for a proper purpose other than theamount of punitive damages.
3. If during the first stage of a bifurcated trial the jurydetermines that a defendant is liable for punitive damages, that jury shalldetermine, in a second stage of trial, the amount of punitive damages to beawarded against such defendant. Evidence of such defendant's net worthshall be admissible during the second stage of such trial.
4. Within the time for filing a motion for new trial, a defendant mayfile a post-trial motion requesting the amount awarded by the jury aspunitive damages be credited by the court with amounts previously paid bythe defendant for punitive damages arising out of the same conduct on whichthe imposition of punitive damages is based. At any hearing, the burden onall issues relating to such a credit shall be on the defendant and eitherparty may introduce relevant evidence on such motion. Such a motion shallbe determined by the trial court within the time and according toprocedures applicable to motions for new trial. If the trial courtsustains such a motion the trial court shall credit the jury award ofpunitive damages by the amount found by the trial court to have beenpreviously paid by the defendant arising out of the same conduct and enterjudgment accordingly. If the defendant fails to establish entitlement to acredit under the provisions of this section, or the trial court finds fromthe evidence that the defendant's conduct out of which the prior punitivedamages award arose was not the same conduct on which the imposition ofpunitive damages is based in the pending action, or the trial court findsthe defendant unreasonably continued the conduct after acquiring actualknowledge of the dangerous nature of such conduct, the trial court shalldisallow such credit, or, if the trial court finds that the laws regardingpunitive damages in the state in which the prior award of punitive damageswas entered substantially and materially deviate from the law of the stateof Missouri and that the nature of such deviation provides good cause fordisallowance of the credit based on the public policy of Missouri, then thetrial court may disallow all or any part of the credit provided by thissection.
5. The credit allowable under this section shall not apply to causesof action for libel, slander, assault, battery, false imprisonment,criminal conversation, malicious prosecution or fraud.
6. The doctrines of remittitur and additur, based on the trialjudge's assessment of the totality of the surrounding circumstances, shallapply to punitive damage awards.
7. As used in this section, "punitive damage award" means an awardfor punitive or exemplary damages or an award for aggravatingcircumstances.
8. Discovery as to a defendant's assets shall be allowed only after afinding by the trial court that it is more likely than not that theplaintiff will be able to present a submissible case to the trier of facton the plaintiff's claim of punitive damages.
(L. 1987 H.B. 700 § 39, A.L. 2005 H.B. 393)
CROSS REFERENCE:
Applicability of statutes changes to cases filed after August 28, 2005, RSMo 538.305
