Ala. Code § 6-5-690 Short Title.
6-5-690. Short Title.
This article shall be known and may be cited as the Asbestos Exposure Transparency Act.
(Act 2019-261, §1.)
Asbestos Exposure Transparency Act.
Ala. Code tit. 6, ch. 5, art. 35A
in effectAla. Code § 6-5-691 Definitions.
6-5-691. Definitions.
For the purposes of this article, the following terms have the following meanings:
(1) ASBESTOS ACTION. A civil action arising out of, based on, or related to the health effects of exposure to asbestos and any derivative claim made by or on behalf of a person exposed to asbestos or a representative, spouse, parent, child, or other relative of that person. The term asbestos action does not include claims alleging ovarian cancer.
(2) ASBESTOS TRUST. A government-approved or court-approved trust, qualified settlement fund, compensation fund, or claims facility that is created as a result of an administrative or legal action, a court-approved bankruptcy, pursuant to 11 U.S.C. § 524(g), 11 U.S.C. § 1121(a), or other applicable provision of law, that is intended, in whole or in part, to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos.
(3) EXPOSED PERSON. A person whose exposure to asbestos or to asbestos-containing products is the basis for an asbestos action.
(4) TRUST CLAIM MATERIALS. A final executed proof of claim and all documents and information submitted to or received from an asbestos trust, including claim forms and supplementary materials, affidavits, medical and health records, depositions and trial testimony of the plaintiff and others knowledgeable about the plaintiff’s exposure history, work history, exposure allegations, and all documents that reflect the status of a claim against an asbestos trust and if the trust claim has been resolved.
(5) TRUST GOVERNANCE DOCUMENTS. All documents that relate to eligibility and payment levels, including claims payment matrices, trust distribution procedures, or plans for reorganization, for an asbestos trust.
(Act 2019-261, §1; Act 2024-234, §1.)
Ala. Code § 6-5-692 Required Disclosures by Plaintiff.
6-5-692. Required Disclosures by Plaintiff.
(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 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 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.)
Ala. Code § 6-5-693 Bankruptcy Trust Information.
6-5-693. Bankruptcy Trust Information.
(a) Within 60 days after the plaintiff files an asbestos action, the plaintiff shall file all available asbestos trust claims and provide the parties with all trust claim materials available to the plaintiff or his or her counsel in relation to the exposed person’s exposure to asbestos.
(b) A plaintiff has a continuing duty to supplement the information and materials provided under subsection (a) within 30 days after the plaintiff supplements an asbestos trust claim, receives additional information or materials related to an asbestos trust claim, or files an additional trust claim.
(c) Not less than 60 days before trial, if a defendant presents evidence that the plaintiff has not filed all available asbestos trust claims, as required under subsection (a), the defendant may move the court for an order to require the plaintiff to file additional trust claims. If a defendant has previously filed a motion under this section, the court shall not grant a subsequent motion if the defendant knew that the claimant met the criteria for payment for the additional trust claim identified in the subsequent motion at the time the earlier motion was filed.
(d) Trial in an asbestos action may not begin until at least 60 days after the plaintiff complies with this section.
(Act 2019-261, §1; Act 2024-234, §1.)
Ala. Code § 6-5-694 Discovery.
6-5-694. Discovery.
(a) In an asbestos action, there shall be a rebuttable presumption that trust claim materials and trust governance documents are relevant, authentic, and admissible in evidence. A claim of privilege does not apply to trust claim materials or trust governance documents.
(b) A defendant in an asbestos action may seek discovery from an asbestos trust. The plaintiff may not claim privilege or confidentiality to bar discovery and shall provide consent or other expression of permission that may be required by the asbestos trust to release the information and materials sought by the defendant.
(Act 2019-261, §1.)
Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026