549.191 CLAIM FOR PUNITIVE DAMAGES.
Upon commencement of a civil action, the complaint must not seek punitive damages. After
filing the suit a party may make a motion to amend the pleadings to claim punitive damages. The
motion must allege the applicable legal basis under section
or other law for awarding
punitive damages in the action and must be accompanied by one or more affidavits showing the
factual basis for the claim. At the hearing on the motion, if the court finds prima facie evidence in
support of the motion, the court shall grant the moving party permission to amend the pleadings to
claim punitive damages. For purposes of tolling the statute of limitations, pleadings amended
under this section relate back to the time the action was commenced.
History: 1986 c 455 s 82