Ohio § 2307.953

§ 2307.953.

(A) Not less than seventy-five days prior to the commencement of trial, any defendant

in an asbestos tort action may file a motion with the court, with notice to the claimant

and to all of the parties in the action, for an order to stay the proceedings.  A defendant's motion to stay the proceedings shall set forth credible evidence that

demonstrates all of the following: (1) The identities of all asbestos trusts not previously disclosed by the claimant pursuant

to section 2307.952 of the Revised Code against which the claimant has not made any asbestos trust claims but against which

the defendant in good faith believes the claimant may make a successful asbestos trust

claim; (2) The information that the defendant believes supports the additional asbestos trust

claims described in division (A)(1) of this section; (3) A description of the information sufficient to meet the asbestos trust claim requirements

of the asbestos trusts described in division (A)(1) of this section. (B) Notwithstanding any other provision in this section, if the claimant produces additional

asbestos exposure information that supports the filing of an additional asbestos trust

claim, the defendant may file a motion to stay the proceedings under division (A)

of this section within seven days of receiving the additional asbestos exposure information. (C)(1) Within fourteen days after the filing of the defendant's motion for an order to stay

the proceedings under division (A) of this section, the claimant may do any of the

following: (a) File the asbestos trust claims with or submit them to the asbestos trusts identified

in the defendant's motion for an order to stay the proceedings.  The submission to the court and to all of the parties in the asbestos tort action

of proof demonstrating that the asbestos trust claims identified in the defendant's

motion to stay the proceedings have been filed with or submitted to the appropriate

asbestos trusts is dispositive of the defendant's motion for an order to stay the

proceedings.  Alternatively, the defendant may withdraw the motion brought under division (A)

of this section. (b) File with the court a response to the defendant's motion for an order to stay the

proceedings requesting a determination by the court that the information supporting

the asbestos trust claims against the asbestos trusts identified in the defendant's

motion for an order to stay the proceedings should be modified prior to the filing

of an asbestos trust claim with, or the submission of an asbestos trust claim to,

an asbestos trust or that there is insufficient information to file or submit the

asbestos trust claim identified in the defendant's motion for an order to stay the

proceedings. (c) File with the court a response to the defendant's motion for an order to stay the

proceedings requesting a determination by the court that the claimant's or attorney's

fees and expenses to prepare the asbestos claim form and file or submit the asbestos

trust claim identified in the defendant's motion for an order to stay the proceedings

exceed the claimant's reasonably anticipated recovery from the asbestos trust claim. (2) A submission by the claimant under division (C)(1)(b) or (c) of this section does

not constitute a waiver of the attorney-client privilege or work product privilege. (D)(1) If the defendant has met its burden under division (A) of this section and if the

claimant files a response pursuant to division (C)(1)(b) of this section, the court

shall determine by a preponderance of the evidence if a successful asbestos trust

claim could be submitted in good faith to each asbestos trust identified in the defendant's

motion for an order to stay the proceedings brought under division (A) of this section.  The claimant has the burden of proof, by a preponderance of the evidence, to demonstrate

that the information set forth by the defendant pursuant to divisions (A)(2) and (3)

of this section should be modified prior to the filing of an asbestos trust claim

with, or the submission of an asbestos trust claim to, each asbestos trust identified

in the defendant's motion or that the asbestos trust claim should not be filed with

or submitted to the asbestos trust because a successful asbestos trust claim cannot

be made in good faith. (2) If the defendant files a motion to stay the proceedings and if the claimant files

a response pursuant to division (C)(1)(c) of this section, the court shall determine

if the claimant's or attorney's fees and expenses to prepare the asbestos claim form

and file or submit the asbestos trust claim identified in the defendant's motion for

an order to stay the proceedings exceed the claimant's reasonably anticipated recovery

from the asbestos trust claim.  If the court determines that the claimant's or attorney's fees and expenses exceed

the claimant's reasonably anticipated recovery from the asbestos trust claim, the

court shall require the claimant to file with the court a verified statement of the

claimant's exposure history to the asbestos products covered by that asbestos trust. (E) If the court determines that there is a good faith basis for filing an asbestos trust

claim with, or submitting an asbestos trust claim to, an asbestos trust identified

in the defendant's motion for an order to stay the proceedings brought under division

(A) of this section, the court shall stay the proceedings until the claimant files

the asbestos trust claims with or submits them to the asbestos trusts identified in

the defendant's motion for an order to stay the proceedings and has otherwise met

the obligations set forth in this section and section 2307.952 of the Revised Code .