Revising punitive damages laws and procedures

HB 302 would change Montana's punitive damages process by requiring courts to review evidence before allowing claims. It mandates that parties submit affidavits and documentation proving a "triable issue" on punitive damages, and allows for evidentiary hearings with live testimony if requested. The bill also specifies that punitive damages must be proven with "clear and convincing evidence," requires judges to consider 9 specific factors when setting amounts, and splits awards 50/50 between plaintiffs and the state (except for awards under $200,000). The bill died in committee on May 22, 2025, and did not become law.