Modifies provisions relating to civil procedure, including the collateral source rule, interstate depositions and discovery, determinations of fault, references to damages, and disclosure requirements

COLLATERAL SOURCE (SECTION 490.715) This act modifies the rule for determining the admissibility of evidence of collateral source payments in civil cases. Currently, parties may introduce evidence of the actual cost of the medical care or treatment rendered to a plaintiff or a patient whose care is at issue. Additionally, this act modifies this provision by providing that in any action where a plaintiff seeks to recover for personal injury, bodily injury, or death, any party may introduce evidence of the actual cost of the medical care or treatment rendered to a plaintiff or to the person whose injury or death the recovery is sought.

No party shall introduce evidence of the amount billed for medical care or treatment rendered to a plaintiff or a patient at issue in the case if the amount billed has been discounted pursuant to any contract, price reduction, write-off, or payment less than the amount billed for the medical care or treatment. The actual cost of medical care or treatment rendered to a plaintiff or a patient and any discounts pursuant to a contract, price reduction or write-off shall be admissible as relevant to the potential cost of future treatment.

This provision is identical to a provision in SB 268 (2025) and in SB 314 (2025), is substantially similar to HB 273 (2023), SB 975 (2022), HB 1715 (2022), a provision in HCS/SCS/SB 119 (2021), and in the perfected HCS/HB 922 (2021), and is similar to HB 1646 (2026), HB 2405 (2026), HB 69 (2025), HB 965 (2024), HB 147 (2021), HCS/HB 577 (2021), HB 121 (2019), and HB 1407 (2018).

INTERSTATE DEPOSITION AND DISCOVERY ACT (SECTIONS 510.500 TO 510.521) This act establishes the Uniform Interstate Depositions and Discovery Act, which provides procedures for out-of-state subpoenas for certain forms of discovery conducted in Missouri.

To request a subpoena in Missouri, a party shall submit a foreign subpoena to a clerk of the court in the county in which discovery is sought to be conducted. The clerk shall promptly issue a subpoena, which shall incorporate the terms used in the foreign subpoena and include contact information of the attorneys and any party not represented by an attorney in the proceeding to which the subpoena relates. A request for issuance of a subpoena pursuant to this act shall not constitute an appearance in Missouri courts.

The Missouri Supreme Court Rules of Civil Procedure and the laws of this state apply to subpoenas issued pursuant to this act and such subpoenas shall be served in compliance with such rules and laws. Additionally, an application for a protective order or to enforce, quash, or modify a subpoena issued by clerk of this state shall comply with such court rules and laws of this state. However, in applying and construing this act, consideration shall be given to the need to promote uniformity among the states.

These provisions shall apply to requests for discovery in cases pending on August 28, 2026.

These provisions are identical to provisions in HCS/SB 1067 (2026), SB 1386 (2026), HB 1711 (2026), in HCS/HB 3116 (2026), in HCS/HB 83 (2025), HB 128 (2025), in SCS/HCS/HB 176 (2025), in HCS/SS/SB 221 (2025), in SB 352 (2025), SCS/SB 897 (2024), in SCS/HCS/HB 2064 & HCS#2/HB 1886 (2024), SB 394 (2023), and SB 1005 (2022) and are substantially similar to provisions in HB 1452 (2024), in CCS/HCS/SS/SCS/SB 72 (2023), HB 84 (2023), in SCS/HCS/HBs 994, 52 & 984 (2023), HB 1549 (2022), HB 347 (2021), and HB 2570 (2020).

DETERMINATION OF FAULT OF PARTIES AND NONPARTIES IN CIVIL ACTIONS (SECTIONS 537.059, 537.060 & 537.067) This act provides that in all tort actions in which any party contends that damages were caused by the alleged fault of more than one person or entity, the trier of fact shall determine the amount of fault attributable to each person or entity, regardless of whether the person or entity is a party to the action and regardless of whether the person or entity has settled or been released from liability. Fault of another person or entity may be alleged by any party in the action in any claim, counterclaim, cross-claim, or as an affirmative defense. Any determination of fault attributable to a person or entity not a party to the action shall not be binding against or otherwise affect the rights or liabilities of the person or entity.

Currently, when an agreement by release, covenant not to sue, or a covenant not to enforce a judgment is given in good faith to one of two or more persons liable in tort for the same injury or wrongful death, the claim for damages shall be reduced by the greater of either the stipulated amount of the agreement or the amount of consideration paid. Further, the agreement shall discharge the tort-feasor to whom it is given from all liability for contribution or noncontractual indemnity, as defined, to any other tort-feasor. This act repeals this provision and provides that in all tort-actions for damages, if the defendant is found to bear 51% or more of the fault, then the defendant shall be jointly and severally liable for the amount of the judgment less the total of any stipulated amount in any release or covenant with any other person or entity alleged to have been at fault or any amount of consideration paid by such person or entity, whichever is greater.

These provisions are identical to provisions in SB 314 (2025), SB 1463 (2024), SB 467 (2023), in SB 708 (2023), and in SB 669 (2022) and are similar to provisions in SB 1243 (2022).

REFERENCES OF DAMAGES TO JURIES (SECTION 537.092) This act provides that neither party nor the attorneys of the parties in any civil action in which the trier of fact is a jury shall seek or make reference to a specific dollar amount or state a range for the jury to consider with respect to awards for noneconomic damages.

This provision is identical to a provision in SB 268 (2025), in SB 314 (2025), and SB 987 (2024) and is substantially similar to HB 2017 (2022) and HCS/HB 148 (2021).

DISCLOSURE REQUIREMENTS IN CIVIL ACTIONS FOR LATENT INJURIES (SECTION 537.870) This act provides that within 30 days of filing a civil action involving a latent injury or disease or a claim for medical monitoring, the claimant shall file a sworn information form specifying the evidence that provides the basis for each claim against each defendant and shall include certain disclosures detailed in the act. The claimant shall supplement the information when the claimant receives information required to be disclosed or when the claimant becomes aware that a prior disclosure was inaccurate or incomplete. Discovery shall not commence against a defendant until the defendant's product, substance, or premises is specifically identified in the disclosures. The court, on motion by a defendant, shall dismiss the action without prejudice for any defendant that was not specifically identified in the disclosures or when a claimant fails to comply with the requirements of this provision.

This provision is identical to a provision in SB 268 (2025) and in SB 314 (2025) and is similar to a provision in SB 708 (2023). KATIE O'BRIEN