Last week, the Missouri legislature passed comprehensive changes
to the assessment of punitive damages in Missouri. The bill, SB
591, outlines new pleading requirements, a clear burden of proof,
and a heightened standard with regard to punitive damages. The bill
will now head to the desk of Governor Mike Parson, who is expected
to sign these new measures into law.
Procedure for Pleading Punitive Damages Altered
Under the new law, a claim for punitive damages can no longer be
contained in the initial pleading. Instead, a claim for punitive
damages may only be filed as a written motion with permission of
the court. A written motion for punitive damages must be supported
by evidence and may only be filed after the court determines that
the trier of fact could reasonably conclude that the standards for
an award of punitive damages have been met. A motion for punitive
damages must be supported by affidavits, exhibits, or discovery
materials.
