TITLE 6

ACTIONS IN PARTICULAR CASES

CHAPTER 16

PERIODIC PAYMENT OF JUDGMENTS — LIMITATION ON CERTAIN TORT DAMAGES AND LIABILITIES

6-1604.  Limitation on punitive damages. (1) In any action seeking recovery of punitive damages, the claimant must prove, by clear and convincing evidence, oppressive, fraudulent, malicious or outrageous conduct by the party against whom the claim for punitive damages is asserted.

(2)  In all civil actions in which punitive damages are permitted, no claim for damages shall be filed containing a prayer for relief seeking punitive damages. However, a party may, pursuant to a pretrial motion and after hearing before the court, amend the pleadings to include a prayer for relief seeking punitive damages. The court shall allow the motion to amend the pleadings if, after weighing the evidence presented, the court concludes that, the moving party has established at such hearing a reasonable likelihood of proving facts at trial sufficient to support an award of punitive damages. A prayer for relief added pursuant to this section shall not be barred by lapse of time under any applicable limitation on the time in which an action may be brought or claim asserted, if the time prescribed or limited had not expired when the original pleading was filed.

(3)  No judgment for punitive damages shall exceed the greater of two hundred fifty thousand dollars ($250,000) or an amount which is three (3) times the compensatory damages contained in such judgment. If a case is tried to a jury, the jury shall not be informed of this limitation. The limitations on noneconomic damages contained in section 6-1603, Idaho Code, are not applicable to punitive damages.

(4)  Nothing in this section is intended to change the rules of evidence used by a trier of fact in finding punitive damages.

History:

[6-1604, added 1987, ch. 278, sec. 1, p. 576; am. 2003, ch. 122, sec. 3, p. 371.]